Georgia’s new expungement law will go into place on January 1, 2021. Thanks to this new law, many people with a criminal record will now be eligible to remove their criminal record from public view. 

It is  important to know that, in Georgia, we call the process of limiting access to criminal records “record restriction”. When you apply to restrict your record, you request that the arrest record be removed from public access. The next step is usually to seal your criminal case court record. That is the best way to keep other people – like employers and landlords – from seeing your criminal record.

Under the previous record restriction/expungement law, only non-convictions and misdemeanors for people who were convicted when they were under 21 were eligible for restriction. There were very limited other options. Under the new record restriction/expungement law, anyone can restrict a misdemeanor conviction as long as they haven’t been convicted of anything but a minor traffic offense in the last 4 years. Some charges are not eligible and there are limitations – see additional details below. Georgia will also allow people with felony convictions to restrict their conviction record for the first time. To be eligible, you must get the felony pardoned by the Board of Pardons and Paroles. Some charges are not eligible and there are limitations; see the full list below.

As before, non-convictions – cases that were dismissed, nolle processed, dead docketed, vacated or overturned, or handled under the First Offender Act or Conditional Discharge – can also be restricted and then sealed.

Over 4 million Georgians have a criminal record! If you are someone you know has a criminal record, you should take steps to restrict your record and finally put the past behind you.

Here are the details of misdemeanor restriction under the new law:

1. 1. Lifetime limit of TWO misdemeanor conviction expungements
   2. Successful completion of the sentence
   3. No convictions in the last 4 years, aside from non-serious traffic offenses
   4. No pending charges
   5. Not convicted of the following:
      1. Family violence simple assault (unless under 21 at time of conviction)
      2. Family violence simple battery (unless under 21 at time of conviction)
      3. Family violence battery (unless under 21 at time of conviction)
      4. Family violence stalking
      5. Violating a family violence order
      6. Child molestation
      7. Enticing a child for indecent purposes
      8. Improper sexual contact by employee or agent
      9. Public indecency
      10. Keeping a place of prostitution
      11. Pimping
      12. Pandering by compulsion
      13. Sexual battery
      14. Obstructing 911 call
      15. Peeping Toms
      16. Certain offenses related to minors
      17. Certain theft offenses
      18. DUI and certain traffic offenses

For felony convictions, here are the requirements for restriction:

1. 1. Successful completion of the sentence
   2. Conviction was pardoned by the Board of Pardons and Paroles
   3. No convictions since the Pardon was granted, aside from non-serious traffic offenses
   4. No pending charges
   5. Not convicted of the following:
      1. Murder or felony murder
      2. Armed robbery
      3. Kidnapping
      4. Rape
      5. Aggravated child molestation
      6. Aggravated assault with intent to rape
      7. False imprisonment (victim under 14 and not your child)
      8. Sodomy
      9. Statutory rape
      10. Child molestation
      11. Enticing a child for indecent purposes
      12. Sexual assault against persons in custody
      13. Incest
      14. Sexual exploitation of children

Are you eligible for a pardon or restriction? Call us to get started on your case today!

Related posts:

• Can I get my record expunged in Georgia? 
• How do I get a copy of my official criminal record in Georgia? 
• About Pardons in Georgia

DISCLAIMER: THE ABOVE STATEMENTS ARE GENERAL INFORMATION AND THE CIRCUMSTANCES OF YOUR CASE MAY BE DIFFERENT. DEVETTER LAW MAKES NO GUARANTEE OF ANY OUTCOME. THE ABOVE IS NOT LEGAL ADVICE AND NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED BY PROVIDING THIS INFORMATION.