Can a DUI Be Expunged in Georgia? Record Restriction Rules and Limits

No, a DUI conviction cannot be expunged in Georgia under any circumstances. Georgia replaced expungement with a process called record restriction in 2013, and the law permanently excludes DUI convictions from that process. What can be restricted is the arrest record itself, but only if the DUI charge was dismissed, you were acquitted at trial, or the charge was reduced to a non-DUI offense. Everything else in this area turns on that one distinction between a conviction and an arrest.

Why a DUI Conviction Stays on Your Record Forever

Georgia classifies DUI as a “serious traffic offense” under Article 15, Chapter 6 of Title 40. The record restriction statute flatly bars restriction of any conviction for a serious traffic offense.¹ There is no waiting period that unlocks eligibility, no good-behavior exception, and no judicial override. A DUI conviction stays on both your criminal history and your driving record for life.

The usual workarounds don’t apply either. Georgia’s First Offender Act, which lets some first-time offenders avoid a formal conviction after completing probation, specifically excludes DUI.² The conditional discharge statute that helps some drug possession defendants avoid conviction also does not reach DUI charges.³

In 2021, Georgia expanded restriction to allow sealing of up to two misdemeanor convictions after four years, which has raised hopes for people with old DUIs. That law does not help. It specifically excludes any serious traffic offense under Article 15 of Chapter 6 of Title 40, meaning both DUI and reckless driving convictions remain permanently ineligible.¹ If your DUI was pleaded down to reckless driving, the DUI arrest can be restricted, but the reckless driving conviction will stay visible with no future path to restriction.

What Record Restriction Actually Does

Restriction is not deletion. The record still exists, but it is sealed from public view, so most employers, landlords, and licensing boards running a standard background check will not see it.⁴ Law enforcement, prosecutors, and judges still have full access. If you are charged with something new, the court can see the restricted entries.¹

When a DUI Arrest Record Qualifies for Restriction

If your DUI case did not end in a DUI conviction, the arrest itself can be restricted. The qualifying outcomes are:

The prosecutor dropped the charge (nolle prosequi) or the court dismissed it.
You went to trial and were found not guilty.
The DUI charge was reduced to a non-DUI offense such as reckless driving, and you were convicted of that lesser charge instead.

In the reduction scenario, the original DUI arrest becomes eligible for restriction because there was no DUI conviction. The conviction on the reduced charge, however, remains on your record.⁴

How to Request Restriction of a DUI Arrest

Start by ordering a certified copy of the final disposition from the clerk of the court that handled your case. The disposition is what proves the charge was dismissed, that you were acquitted, or that it was reduced. You will also need the exact arrest date, the arresting agency’s name, and the original charges.

Where you file depends on timing. For arrests before July 1, 2013, the “Request to Restrict Arrest Record” form goes to the arresting law enforcement agency, which then forwards it to the prosecutor. For arrests on or after that date, send the request directly to the prosecutor’s office. The form is on the Georgia Bureau of Investigation website.⁴

The arresting agency or prosecutor can charge up to $50 to process the request, and the Georgia Crime Information Center charges a separate fee to update the state database.⁵

Once the prosecutor receives the request, they have 90 days to approve or deny it. If they do not respond within 90 days, the law presumes no objection.¹ After approval, the Georgia Crime Information Center usually processes the restriction within two to three weeks and mails confirmation.⁵

If the Prosecutor Denies the Request

A denial must come with a written explanation citing the reason. From there, you can file a civil action in the superior court of the county where the arresting agency sits.¹ The burden is on you, and the standard is high: clear and convincing evidence that the arrest is eligible for restriction and that the harm to your privacy clearly outweighs the public interest in keeping the record available. Most people pursuing this route hire a lawyer.

Where Restriction Still Won’t Fully Protect You

Even a successful restriction has gaps worth knowing about before you count on it.

Commercial Driver’s License Holders

Federal law prohibits states from hiding traffic convictions for anyone holding a commercial driver’s license or commercial learner’s permit. Under 49 CFR § 384.226, Georgia cannot mask a CDL holder’s conviction from the national CDL information system, and it does not matter whether a commercial vehicle was involved at the time of the offense.⁶

Immigration

U.S. Citizenship and Immigration Services does not recognize state-level restriction or expungement. If you are applying for a visa, green card, or naturalization, you are expected to disclose your full criminal history, including dismissed, sealed, or restricted cases. Treating a restricted arrest as something you can leave off the form can be charged as misrepresentation, which carries far worse consequences than the underlying arrest.

Private Background Check Companies

Restriction updates Georgia’s official database, but private background check companies pull from court records, arrest logs, and other public sources on their own schedules. A restricted entry may still surface in a commercial report. Under the federal Fair Credit Reporting Act, background check companies cannot report arrests that did not result in a conviction once seven years have passed, for positions paying under $75,000 a year. Convictions can be reported indefinitely under federal law.⁷ If a restricted arrest shows up in a report, you have the right to dispute it with the reporting company under the FCRA.⁸

Living With a DUI Conviction That Can’t Be Removed

Georgia’s Department of Driver Services uses a five-year lookback for license sanctions. A second DUI within five years triggers an 18-month suspension; a third within five years results in habitual violator status and a five-year license revocation. A fourth DUI within ten years is a felony carrying up to $5,000 in fines and five years in prison.⁹ Those windows affect how a new offense is punished. They do not cause the earlier conviction to fall off.

The one remaining avenue for someone living with a DUI conviction is applying for a pardon from the Georgia State Board of Pardons and Paroles. A pardon does not erase the conviction and does not make it eligible for restriction. It is an official recognition of rehabilitation that some employers and licensing boards may weigh in your favor.

1
Justia. Georgia Code 35-3-37 – Criminal History Record Information; Review; Corrections; Restriction of Access for Certain Dispositions
2
Justia. Georgia Code 42-8-60 – Probation Prior to Adjudication of Guilt
3
Justia. Georgia Code 16-13-2 – Conditional Discharge for Possession of Controlled Substance as First Offense
4
Georgia Bureau of Investigation. Georgia Criminal History Record Restrictions
5
Georgia.gov. File Request to Expunge a Criminal Record
6
eCFR. 49 CFR 384.226 – Prohibition on Masking Convictions
7
Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports
8
Office of the Law Revision Counsel. 15 USC 1681k – Public Record Information for Employment Purposes
9
Georgia Department of Driver Services. Chapter 1 Continued