What Crimes are Eligible for Expungement in Georgia?
A criminal record can have long-lasting consequences, affecting employment opportunities, housing applications, and even personal relationships. Fortunately, Georgia law allows for the expungement (also known as record restriction) of certain offenses under specific circumstances. If you have a criminal record, The Spizman Firm can help you take steps toward a fresh start.
What is Expungement (Record Restriction) in Georgia?
Expungement, legally referred to as record restriction in Georgia, means that a criminal record is no longer accessible to the public, including employers and landlords. However, restricted records can still be seen by law enforcement and certain government agencies.
Under O.C.G.A. § 35-3-37, individuals may petition for record restriction under specific conditions. The eligibility of a crime for expungement depends on the type of charge, case outcome, and criminal history of the individual.
Crimes Eligible for Expungement in Georgia
Not all crimes can be expunged, but certain categories may qualify, including:
- Cases Dismissed or Dropped
If you were arrested but not convicted, you may be eligible for record restriction. Eligible cases include:
- Dismissed charges due to lack of evidence, insufficient probable cause, or procedural errors.
- Cases where charges were never filed after an arrest.
- No-bill cases, where a grand jury declined to indict.
- Acquittals (Not Guilty Verdicts) after trial.
- First Offender Act Cases
Under Georgia’s First Offender Act (O.C.G.A. § 42-8-60), certain first-time offenders can avoid a conviction if they successfully complete their sentence. If the court determines that an individual qualifies, the record is automatically sealed upon completion of probation or sentencing requirements. Eligible crimes under this act include:
- Non-violent felonies.
- Certain drug possession offenses.
- Some white-collar crimes, such as fraud or forgery.
Crimes NOT eligible under the First Offender Act:
- Violent felonies (e.g., murder, armed robbery).
- Sex offenses requiring registration.
- DUI charges.
- Youthful Offender Cases
If a person was charged with a crime before the age of 21, they may qualify for expungement under special rules. Misdemeanors and certain felonies that did not result in a conviction may be eligible.
- Misdemeanors with No Prior Convictions
Under Georgia’s Second Chance Law, signed in 2020, individuals with certain misdemeanor convictions may apply for expungement four years after completing their sentence—but only if they have no additional convictions. Eligible misdemeanors include:
- Shoplifting
- Trespassing
- Public intoxication
- Possession of marijuana (small amounts)
However, violent misdemeanors, sex crimes, and DUI convictions cannot be restricted.
Crimes That Cannot Be Expunged
Certain crimes are not eligible for expungement in Georgia, including:
- DUI convictions (Driving Under the Influence)
- Sex offenses, including child pornography and sexual battery
- Murder or manslaughter
- Serious violent felonies, such as armed robbery, kidnapping, or aggravated assault
- Family violence convictions
How to Apply for Record Restriction in Georgia
If you believe your case qualifies for expungement, follow these steps:
- Verify Eligibility – Determine whether your charge meets the legal requirements for record restriction.
- File a Petition – Submit an application with the Georgia Bureau of Investigation (GBI) or the arresting agency.
- Pay Applicable Fees – Some record restriction applications require processing fees.
- Await a Decision – The court or law enforcement agency will review your request and decide whether to approve record restriction.
Get Legal Help for Expungement in Georgia
If you need assistance clearing your criminal record, The Spizman Firm can help. Our experienced attorneys will evaluate your case and guide you through the expungement process. We proudly serve clients throughout Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact our Atlanta Expungement Attorneys today for a free consultation.
