What is Record Restriction in Georgia?
In Georgia, we call the process of limiting access to criminal records “record restriction”. In Georgia, you do not truly erase or “expunge” a criminal record – you restrict who can see it.
When you apply to restrict your record, you request that the arrest record be removed from public access, so landlords and employers can no longer see it.
The next step is usually to seal your criminal case court record. Sealing is a request – done via a motion filed in the criminal court case – to restrict public access to the criminal court case file. As many background check providers use court records to get their data, sealing is the best way to keep other people – like employers and landlords – from seeing your criminal record.
Another similar term to restriction and sealing is discharge. Discharge refers to cases that were successfully completed under the First Offender Act. Once the case is completed, the probation officer usually files a request that the First Offender case be discharged, resulting in a court order of discharge. GCIC will then restrict the case from that person’s official criminal record. In many courts, the defendant may still need to file a motion to seal to complete the process of limiting public access.
There are important exceptions to to who can see restricted, sealed, and discharged records. For more information on that, see the related post linked below.
Are you eligible to restrict or seal your criminal record? Call us to get started on your case today!
- Will expunged records show up on a background check in Georgia?
- Can I get my record expunged in Georgia?
- What is sealing a court record in Georgia?
- What is the First Offender Act 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.