How to Seal or Restrict a Criminal Record in Georgia
How to Seal or Restrict a Criminal Record in Georgia
Having a criminal record can create barriers to employment, housing, and education. Fortunately, Georgia law provides opportunities to seal or restrict certain criminal records, giving individuals a chance to move forward with a clean slate. At Darden & Musson Law, we help Savannah residents understand their rights and pursue record restriction when eligible.
What Is Record Restriction in Georgia?
Georgia uses the term “record restriction” rather than “expungement.” Record restriction limits public access to certain criminal records, though law enforcement and the courts may still retain access. This means potential employers, landlords, or schools may not see restricted charges during background checks.
Who Qualifies for Record Restriction?
Eligibility depends on several factors:
- Non-Convictions: If your case was dismissed, you were found not guilty, or charges were never pursued, your record may be restricted.
- Certain Misdemeanors: First-time misdemeanor convictions (excluding serious offenses like DUIs or violent crimes) may be eligible after a waiting period.
- Youthful Offenders: Some individuals under age 21 at the time of the offense may qualify for restriction.
- Pardoned Offenses: A gubernatorial pardon may open the door for restriction in limited circumstances.
The Process of Restricting a Record
- Identify Eligibility – Review your criminal history and determine if your charges qualify.
- File a Request – Depending on the case, you may apply through the arresting agency, prosecuting attorney, or directly with the court.
- Court Review – In some cases, a judge must approve the restriction.
- Record Update – Once granted, the record is restricted in official databases, preventing public access.
Why Legal Help Matters
The rules surrounding record restriction in Georgia can be complex, and eligibility varies widely by case. An attorney can review your record, handle paperwork, and present your case effectively to maximize your chances of approval.
At Darden & Musson Law, we guide Savannah residents through every step of the record restriction process. Our goal is to help you reduce the long-term impact of past mistakes and move forward with greater opportunity.
