Georgia’s New Expungement Laws: 2025 Updates and Eligibility

At The Spizman Firm, we believe in second chances and the power of a fresh start. Recent updates to Georgia’s expungement laws aim to create more opportunities for individuals with prior criminal records to clear or restrict old charges, but the eligibility rules are detailed. If you are considering expungement, our Atlanta Expungement Attorneys are here to help you understand exactly what qualifies, what’s changed recently, and what the process looks like.

What Changed: Record Restriction & Sealing Reforms

Historically, Georgia had very limited pathways to “expunge” a criminal record; most convictions stayed on a person’s record for life. In 2021, the state adopted legislation under Senate Bill 288 that significantly expanded who may seek record restriction or sealing (often referred to as expungement). Under SB 288, individuals can petition the court to seal up to two misdemeanor convictions four years after completing their sentence, assuming they have no new convictions or pending charges.

For certain felony convictions, the law also allows sealing if the felony was pardoned, provided the offense isn’t a serious or violent felony or a sex offense.

Moreover, for individuals who were sentenced under the state’s first-offender statutes (for example, under a conditional discharge or first-offender program), a new law effective in 2024 automatically limits public access to their criminal history once the sentence is completed, without needing a separate petition.

Who Is Eligible Now And Who Is Not

Under current Georgia law, several categories of people may qualify for record restriction or sealing:

• Individuals whose charges were dismissed, acquitted, or resulted in a nolle prosequi, essentially cases where there was no conviction.
• Those convicted of certain misdemeanors and who meet the waiting‑period requirement (typically four years after sentence completion, with no subsequent criminal convictions) may petition to seal up to two misdemeanor convictions.
• People with pardoned felony convictions (excluding serious/violent felonies and sex offenses) may petition for sealing under certain circumstances.
• Individuals sentenced under first-offender status may have their records automatically restricted after completing the program, under the new 2024 law.

That said, the law excludes certain offenses. Violent crimes, sexual offenses, crimes against children, and DUIs or family-violence misdemeanors generally remain ineligible under SB 288 for sealing.

New 2025 Developments and Trends

Recent developments show that Georgia continues to streamline its expungement procedures. Systems are in place to automatically seal records for dismissed or resolved cases, reducing the burden on individuals to file petitions manually. Additionally, there have been local and statewide efforts, including expungement events and “second‑chance” initiatives, to help residents reclaim opportunities in employment, housing, education, and more.

If you are eligible, taking steps to restrict or seal your record can substantially improve your chances for stable employment, housing, and a more secure future. Many Georgians who believed their criminal history would haunt them forever are starting anew.

What to Do If You Think You Qualify

If you believe you may qualify for record restriction or sealing, the first step is to gather all relevant information: your conviction history, dates of sentence completion, any pardons, and whether you have had any subsequent offenses. Then, consulting with an experienced attorney can help you understand the likelihood of sealing and guide you through the petition process (or verify automatic sealing if applicable).

At The Spizman Firm, we’re dedicated to helping clients evaluate eligibility and navigate the expungement process with clarity and care. We proudly serve individuals across Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs, giving people a real shot at a fresh start.

Source:

gjp.org/wp-content/uploads/2022/09/2022.9.20-SB-288_Expanding-Restriction-and-Sealing-of-Convictions-in-Georgia.pdf