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A criminal arrest record can follow you for the rest of your life — showing up on background checks for employment, housing, professional licensing, and more — even if the charges were dismissed or you were found not guilty. Georgia law provides a process called record restriction (commonly referred to as expungement) that can limit who has access to your criminal history. Understanding whether you qualify and how to navigate the process is critical to protecting your future.
Attorney David Williamson of Williamson Legal, P.C. handles record restriction petitions throughout Cobb County, Forsyth County, Fulton County, and metro Atlanta. Call (770) 884-1485 for a free consultation to discuss whether your record may be eligible for restriction.
Georgia does not have a true “expungement” process that completely erases a criminal record. Instead, Georgia uses a process called record restriction under O.C.G.A. § 35-3-37, which limits access to your criminal history information. When a record is restricted, it is removed from public-facing background check databases and is accessible only to law enforcement agencies and certain authorized entities. For most practical purposes — employment applications, housing applications, and professional licensing — a restricted record functions similarly to an expungement.
It is important to understand the terminology: while many people search for “expungement” in Georgia, the legal process is called “record restriction.” David Williamson can help you determine whether your arrest record qualifies for restriction.
Under O.C.G.A. § 35-3-37, you may be eligible for record restriction if your case resulted in one of the following outcomes:
Dismissal or Nolle Prosequi: If the charges against you were dismissed by the prosecutor or the court, you are generally eligible for record restriction. This includes cases dismissed after completion of a pretrial diversion program.
Not Guilty Verdict: If you were acquitted at trial, you are eligible for record restriction.
No Indictment (No True Bill): If a grand jury declined to indict you, you are eligible for record restriction.
Completion of Pretrial Diversion or Accountability Court: If you successfully completed a pretrial diversion program, drug court, mental health court, veterans court, or other accountability court program that resulted in dismissal of charges, you are eligible.
Pardoned: If you received a pardon from the State Board of Pardons and Paroles, you may be eligible for record restriction.
Deceased: A family member may petition for record restriction on behalf of a deceased person.
Record restriction under O.C.G.A. § 35-3-37 is generally not available for cases that resulted in a conviction — including guilty pleas, pleas of nolo contendere (no contest), and Alford pleas. There are limited exceptions:
First Offender Discharges: If you received first offender treatment under O.C.G.A. § 42-8-60 and successfully completed your sentence, the charge was discharged without adjudication of guilt. While this is technically not a conviction, the arrest record may still be visible. First offender discharges may qualify for record restriction under certain circumstances under O.C.G.A. § 42-8-62.1.
Youthful Offender Convictions: Certain misdemeanor convictions that occurred when the defendant was under 21 may qualify for restriction after a waiting period under specific conditions.
Misdemeanor Convictions (Limited): Under O.C.G.A. § 35-3-37(j), certain misdemeanor convictions may be eligible for record restriction after a waiting period of 4 years for a misdemeanor or misdemeanor of a high and aggravated nature, provided the person has not been arrested for anything other than a minor traffic offense during the waiting period. However, this does not apply to sex offenses, crimes against minors, domestic violence offenses, DUI, and other excluded categories.
Step 1: Determine Eligibility. David Williamson will review your criminal history, the disposition of your case, and the specific charges to determine whether you qualify for record restriction.
Step 2: Obtain Your Criminal History. A certified copy of your criminal history from the Georgia Crime Information Center (GCIC) is needed to identify all records that may be eligible for restriction.
Step 3: File the Petition. For cases resulting in dismissal, acquittal, or no indictment, restriction may be available automatically or through an application to the arresting agency. For cases requiring a court petition, David Williamson will prepare and file the petition in the appropriate court under O.C.G.A. § 35-3-37.
Step 4: Hearing (if required). In some cases, the prosecuting attorney may object to the restriction, and a hearing will be held. David Williamson represents clients at these hearings and argues for restriction based on the merits of the case and the client’s rehabilitation.
Step 5: Order and Implementation. If the petition is granted, the court issues an order directing the GCIC and all relevant agencies to restrict access to the record. Implementation typically takes several weeks.
Under recent amendments to Georgia law, certain records may qualify for automatic restriction without the need to file a petition:
Under O.C.G.A. § 35-3-37(h), arrest records for charges that are dismissed or result in acquittal may be restricted automatically if no other charges from the same arrest resulted in conviction. However, the automatic process does not always work efficiently, and many eligible records remain unrestricted. David Williamson can file a petition to ensure your eligible records are actually restricted.
Under O.C.G.A. § 16-13-2(a), first-time drug offenders may receive conditional discharge — the court defers proceedings, places the defendant on probation, and upon successful completion, the charges are dismissed. Cases resolved through conditional discharge are eligible for record restriction since the charges are ultimately dismissed.
Similarly, cases resolved through Georgia’s First Offender Act (O.C.G.A. § 42-8-60) result in discharge without adjudication of guilt upon successful completion of the sentence. Under O.C.G.A. § 42-8-62.1, first offender records may be eligible for restriction.
Even if you were never convicted, an arrest record can cause serious harm. Employers conducting background checks will see the arrest, and many will not hire applicants with any criminal history — regardless of the outcome. Landlords, professional licensing boards, volunteer organizations, and educational institutions also conduct background checks. Record restriction removes the arrest from these databases, allowing you to move forward without the stigma of a criminal charge following you.
Record restriction is often the final step after resolving a criminal case. David Williamson handles the underlying charges that lead to expungement petitions:
David Williamson files record restriction petitions in courts throughout metro Atlanta:
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Can I get a felony conviction expunged in Georgia?
Generally, no. Georgia does not allow record restriction for most felony convictions. However, if your felony charge was dismissed, you were acquitted, or you completed first offender treatment under O.C.G.A. § 42-8-60 and were discharged without a conviction, the arrest record may be eligible for restriction. Additionally, certain misdemeanor convictions may qualify after a 4-year waiting period under O.C.G.A. § 35-3-37(j). David Williamson can review your specific situation to determine your options.
How long does the record restriction process take?
The timeline varies depending on the county and whether the prosecuting attorney objects. For straightforward cases — dismissals and acquittals — the process can take 30 to 90 days from filing. If a hearing is required due to a prosecutorial objection, it may take several months. David Williamson works to move the process as efficiently as possible.
Will a restricted record show up on background checks?
No. Once a record is restricted under O.C.G.A. § 35-3-37, it is removed from the public-facing GCIC database and should not appear on standard employment, housing, or licensing background checks. However, law enforcement agencies and certain government entities will still have access to restricted records. Private background check companies may take time to update their databases after a restriction order is issued.
Can I legally say I was never arrested after my record is restricted?
Under O.C.G.A. § 35-3-37(q), once your record has been restricted, you are not required to disclose the arrest on any employment, housing, or licensing application. You may legally answer “no” when asked if you have been arrested or charged with a crime, as long as the question pertains to the restricted record.
How much does record restriction cost?
The filing fee for a record restriction petition varies by county but is typically $50 to $250. Attorney fees for handling the petition depend on the complexity of the case and whether a hearing is required. Williamson Legal, P.C. offers free consultations to discuss your eligibility and the expected costs. Call (770) 884-1485.
If you have an arrest record that is holding you back — affecting your employment, housing, or professional opportunities — David Williamson can help determine whether you qualify for record restriction and handle the entire process on your behalf.
Call (770) 884-1485 today for a free consultation, or contact us online.
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