Georgia Expungement Law: SB 288 Eligibility and Filing Steps

Georgia expungement law no longer uses the word “expungement.” The state calls the process record restriction under O.C.G.A. § 35-3-37, and it seals qualifying arrests and charges from public view rather than destroying them.¹ If your case ended without a conviction, you have a clear path to restriction. If you were convicted, only certain misdemeanors qualify, and only after a 2021 change in the law. Felony convictions require a pardon first.

What Restriction Actually Does

A restricted record is walled off from public access. Private employers, landlords, licensing agencies, and the general public can no longer see it on a standard background check.² Judges, prosecutors, and criminal justice agencies can still pull it up for law enforcement purposes or in a future criminal case.

That distinction matters. Restriction handles the day-to-day consequences of a Georgia record. It does not erase the event from every database, and it does not automatically clean up federal records, immigration files, or private background-check services that pulled the record before it was sealed.

Non-Conviction Cases

Cases that ended without a conviction are the strongest candidates. That covers charges dismissed, acquitted, nolle prossed (the prosecutor declining to pursue the case), dead-docketed, or resolved through pretrial diversion.³

For arrests on or after July 1, 2013, restriction may happen automatically once the final disposition is entered into the Georgia Crime Information Center (GCIC) database and the arresting agency updates its records within 30 days.⁴ Automatic doesn’t mean reliable. Pull your criminal history report after your case ends and confirm the restriction actually happened before assuming it did.

Cases resolved through conditional discharge under O.C.G.A. § 16-13-2, commonly used for first-time drug possession, also qualify once you complete all terms of probation. The charge is dismissed on successful completion and then becomes eligible for restriction as a non-conviction.⁵

Misdemeanor Convictions After SB 288

Before 2021, a Georgia conviction could not be restricted at all. SB 288 changed that on January 1, 2021, and opened a narrow door for some misdemeanor convictions. To qualify:

You have no more than two misdemeanor convictions to restrict, or a series of misdemeanors arising from the same arrest.
You have completed every term of your sentence, including probation, fines, and restitution.
At least four years have passed since your last conviction in any jurisdiction, excluding minor traffic offenses.
You have no pending criminal charges.

The offense itself also has to be eligible, and the exclusion list is long.⁶

Misdemeanors That Cannot Be Restricted

Even if you meet every general requirement, the following categories are excluded from restriction:

Family violence offenses, including simple assault, simple battery, battery, and stalking when classified as family violence, and violating a family violence protective order. An exception applies if you were under 21 at the time of the arrest.
Sex offenses, including child molestation, enticing a child for indecent purposes, improper sexual contact by an employee or agent, sexual battery, public indecency, and peeping offenses.
Prostitution-related offenses: keeping a place of prostitution, pimping, and pandering by compulsion.
DUI and serious traffic offenses under O.C.G.A. §§ 40-6-390 through 40-6-397.
Most theft convictions under Chapter 8 of Title 16. Shoplifting and refund fraud remain eligible.
Offenses involving minors under O.C.G.A. §§ 16-12-100 through 16-12-100.3.
Obstructing someone from making an emergency phone call.

Felonies

Felony convictions cannot be restricted through the regular process. The only route runs through the Georgia State Board of Pardons and Paroles. If the Board grants a pardon, you can then apply for restriction under O.C.G.A. § 35-3-37(j), provided you meet the other statutory requirements.⁷ A pardon is a prerequisite, not a guarantee. Felony convictions for violent crimes, armed robbery, aggravated assault, murder, and sex offenses requiring registration are permanently ineligible regardless of the pathway.⁶

How to File

Where you file depends on the date of the arrest. Georgia draws a hard line at July 1, 2013.⁸

Arrests Before July 1, 2013

Submit your request to the arresting agency, meaning the police department or sheriff’s office that made the arrest. That agency completes its portion of the application and forwards it to the prosecuting attorney, who has 90 days to approve or deny.⁸ If approved, the GCIC restricts the record within 30 days.

Arrests On or After July 1, 2013

You skip the arresting agency and go directly to the prosecuting attorney in the county where the arrest occurred. Depending on the case, that is a district attorney, a solicitor-general, or occasionally the Attorney General. The 90-day decision window is the same.⁸ For non-conviction cases in this period, check first whether restriction happened automatically before filing anything.

What You Need

Start with a copy of your Georgia criminal history report, available from most sheriff’s offices and police departments.² The GCIC charges $30 for a Georgia-only criminal history check as of 2025.⁹ You’ll also need the record restriction request form. File one form per arrest date, though multiple charges from the same arrest go on a single form.

Some counties require certified copies of court dispositions from the clerk of court where the case was handled. If a disposition is missing from your criminal history report, contact the court to have it transmitted to the GCIC before you file.

Costs

Arresting agencies can charge up to $50 per request under O.C.G.A. § 35-3-37.⁴ With the $30 criminal history report, a straightforward request runs around $80 or less. A denied request that goes to Superior Court adds filing fees, which vary by county, and potentially attorney costs.

If Your Request Is Denied

You have 30 days to appeal a denial by petitioning the Superior Court in the county where the case was handled.⁸ That window is firm, and missing it usually means starting over.

The petition should show why your case meets the requirements of O.C.G.A. § 35-3-37. At the hearing, the judge weighs your argument against any objection from the prosecutor. Before jumping to court, read the denial closely. Some denials come from missing paperwork, an incomplete criminal history report, or a disposition that never made it into the system. If the problem is documentation, resubmitting a corrected request to the prosecutor is faster and cheaper than a court petition.

What Restriction Does Not Cover

A Georgia restriction affects Georgia’s records. Three areas commonly trip people up.

Federal Records and FBI Background Checks

Restriction under state law does not automatically update the FBI’s Identity History Summary, which the Bureau builds from fingerprint submissions. To update nonfederal arrest data in the FBI system after a Georgia restriction, work through Georgia’s State Identification Bureau.¹⁰ On the private side, the Consumer Financial Protection Bureau has said consumer reporting companies must maintain procedures to keep expunged, sealed, or legally restricted records off their reports.¹¹ In practice, restricted records can still linger on third-party background-check services for weeks or months, which gives you grounds to dispute them.

Immigration

Federal immigration authorities do not treat a Georgia record restriction as erasing an arrest or conviction. On applications for naturalization, visas, or other immigration benefits, you still have to disclose the underlying event. Failing to disclose can be treated as a misrepresentation, which is often worse for the case than the original offense.

Firearms

Federal law generally provides that a conviction that has been expunged, set aside, or pardoned does not count as a disqualifying conviction for firearms purposes, unless the expungement or pardon expressly prohibits firearm possession.¹² Whether Georgia’s record restriction qualifies as an “expungement” under that federal provision is fact-specific. If firearm rights matter to your situation, talk to an attorney before assuming restriction has restored them.

International Travel

Some countries run their own criminal checks at the border. Canada, for example, does not automatically treat a U.S. state-level restriction as clearing inadmissibility. You may need to apply for individual rehabilitation, available five years after completing your sentence, or a Temporary Resident Permit for shorter visits.¹³ Many visa applications ask whether you have ever been arrested or convicted, regardless of later restriction. Keep certified copies of your court orders and restriction paperwork if you plan to travel internationally.

1
City of Atlanta. Record Restriction Frequently Asked Questions
2
Georgia Bureau of Investigation. Obtaining Criminal History Record Information Frequently Asked Questions
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Georgia Bureau of Investigation. Georgia Criminal History Record Restrictions
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Georgia Courts. Record Restrictions/Expungement
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Justia. Georgia Code 16-13-2 – Conditional Discharge for Possession of Controlled Substances as First Offense and Certain Nonviolent Property Crimes
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Justia. Georgia Code 35-3-37 – Criminal History Record Information
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Georgia State Board of Pardons and Paroles. Pardons and Restoration of Rights
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Georgia.gov. File Request to Expunge a Criminal Record
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Georgia Bureau of Investigation. GCIC Fees
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Federal Bureau of Investigation. Identity History Summary Checks Frequently Asked Questions
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Consumer Financial Protection Bureau. CFPB Addresses Inaccurate Background Check Reports and Sloppy Credit File Sharing Practices
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Office of the Law Revision Counsel. 18 U.S. Code 921 – Definitions
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Government of Canada. Overcome Criminal Convictions