How to File for Record Restriction Step-By-Step
Having an arrest or criminal charge on your record can follow you long after the case has ended. Even if charges were dismissed or you were found not guilty, the record remains accessible to employers, landlords, and even schools. Fortunately, Georgia law allows individuals to seek a process known as “record restriction,” formerly known as “expungement.” This legal remedy can help you move forward without the stigma of a past arrest. Here is a detailed step-by-step guide from The Spizman Firm in Atlanta to filing for record restriction in Georgia.
Step 1: Determine Eligibility
Not every criminal record can be restricted. Generally, you may qualify if your case was dismissed, you were acquitted, or your charges were not prosecuted (nolle prosequi). Certain misdemeanor convictions may also be eligible after a waiting period if you have maintained a clean record. However, serious violent felonies, sex crimes, and DUIs typically cannot be restricted. An attorney can review your criminal history to determine eligibility before you begin.
Step 2: Contact the Arresting Agency
Once you confirm eligibility, you must contact the arresting law enforcement agency. They will provide the necessary paperwork to start your application. You’ll also need to request a copy of your Georgia criminal history report from the Georgia Bureau of Investigation (GBI).
Step 3: Submit Your Application to the Prosecutor’s Office
After completing the forms, submit your request to the prosecutor’s office in the county where your case originated. The prosecutor reviews your request to determine if restriction is appropriate. This process may take several weeks. If approved, the prosecutor signs off and forwards the request to the Georgia Crime Information Center (GCIC).
Step 4: Confirmation and Record Update
Once GCIC processes the restriction, your record will no longer be visible to the general public. It may still be accessible to law enforcement and certain government agencies. You should verify that the record has been restricted by requesting a new copy of your criminal history.
Step 5: Seek Legal Guidance if Denied
If your request is denied, you have the right to appeal the decision. Our experienced Atlanta criminal defense attorneys can help you file the appeal, address deficiencies, and advocate for your right to a clean slate.
Reach Out to The Spizman Firm Today
Record restriction can be a powerful step toward reclaiming your future. The Spizman Firm assists clients with every stage of the record restriction process, from eligibility review to final approval. Our firm proudly serves clients across Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs.
