{"id":372824,"date":"2017-06-16T15:28:28","date_gmt":"2017-06-16T20:28:28","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/georgia-law\/how-to-expunge-a-criminal-record-in-atlanta.html"},"modified":"2018-03-20T00:00:00","modified_gmt":"2018-03-20T05:00:00","slug":"how-to-expunge-a-criminal-record-in-atlanta","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/georgia-law\/how-to-expunge-a-criminal-record-in-atlanta.html","title":{"rendered":"How to Expunge a Criminal Record in Atlanta"},"content":{"rendered":"\n
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How to Expunge a Criminal Record in Atlanta<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If you’ve been arrested and\/or convicted of a criminal charge in Atlanta, you probably don’t want that information lingering on your criminal history. Your criminal record can impact your employment opportunities, housing, credit, immigration status, and more. Chances are, if you’ve ever been arrested or convicted of a crime, your criminal record is likely to be stored in a national and\/or state database. The Georgia Crime Information Center<\/a> (GCIC) keeps a record of all of your arrests or convictions in the state of Georgia.<\/p>\r\n

Here at FindLaw we’ve compiled some information to assist you, although as you’ll see below, your options may be limited.<\/p>\r\n

Can I "Expunge" My Atlanta Criminal Conviction?<\/h2>\r\n

We wish we could say yes, but we’d be lying. If you’ve been convicted, including if you’ve pled guilty<\/a> or "nolo contendere<\/a>" in a Fulton County Court<\/a>, you can’t get it expunged<\/a> from your record. Ever. In Georgia, criminal convictions just aren’t eligible for expungement. Period. Your criminal record will always contain information about the conviction. With few exceptions, a conviction is permanent and will remain on your permanent criminal record forever, and your record cannot be restricted.<\/p>\r\n

What About a Pardon? Will That Clear the Conviction Off My Record?<\/h2>\r\n

No. Restoring your civil rights and getting pardoned will not erase the record from the GCIC report or undo your crime or conviction. If you are seeking a pardon, contact the State Board of Pardon & Paroles<\/a> or contact a qualified Atlanta criminal defense attorney.<\/p>\r\n

Can I "Expunge" My Atlanta Arrest Record?<\/b>
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\r\nNow we can say yes, but only in limited circumstances. If you’ve been arrested<\/a>, you might be able to limit who has access to that information. As of July 1st, 2013 a law went into effect known as "record restriction."<\/p>\r\n

"Restriction" means that your criminal history record information relating to a particular charge will only be available to judicial officials and criminal justice agencies for law enforcement or criminal investigative purposes or to criminal justice agencies for purposes of employment. It can’t be disclosed or made available to any private persons or businesses.<\/p>\r\n

What If I Was Arrested After July 1st, 2013? Do I Have to Do Anything?<\/h2>\r\n

No, if you were arrested after that date, your record should be automatically restricted — if you qualify. However, if your arrest or acquittal happened before July 1st, 2013, read on. You may have some some legwork to do. This is a complicated process and you may want to talk to a lawyer before filing any paperwork.<\/p>\r\n

Am I Eligible to Have My Criminal Record Restricted?<\/h2>\r\n

Record restriction applies in very limited circumstances and you don’t have an absolute right to it. The prosecutor makes that determination. You can’t have any other pending against you. Also, you must not have been convicted of the same or similar offense within the last 5 years.<\/p>\r\n

Your eligibility then depends on what happened after your arrest. This is known as the "final disposition" of your case. Here are some examples of when you would be eligible for a record restriction:<\/p>\r\n

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  1. The Prosecutor Never Filed an Indictment or Accusation:<\/i> <\/b>This typically happens if you were arrested, released, and the police agency didn’t send your case to the prosecutor’s office<\/a> or the solicitor general’s office to be filed. Or, the prosecutor did review the police report, but decided not to file an indictment or accusation. Basically, no formal charges were ever filed by anyone.<\/li>\r\n
  2. The Prosecutor Filed an Indictment or Accusation but\u2026<\/i> <\/b>Your charges were dismissed or "nolo prossed<\/a>," or your case was "dead-docketed" by the prosecutor for 12 months.<\/li>\r\n<\/ol>\r\n

    Here are some other situations where you might be eligible for a record restriction. Note, time limits and other stipulations may apply:<\/p>\r\n