1
Select group*
*Required fields
Jurisdiction
2
Select filters
Record Type
3
Select states and territories to compare
From those matching filter criteria
From those matching filter criteria
4
Review policy summaries across selected States
- Group: Adult
- (-) Adult
645 resultsUse filters above to refine your results.
| Georgia | Georgia | Georgia | Georgia | Georgia | Georgia | Georgia | Georgia | Georgia | Georgia | Georgia | Georgia | Georgia | Georgia | Georgia | Georgia | Georgia | Georgia | Georgia | Guam | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Clearance policy overview | Records relating to a misdemeanor or series of misdemeanors arising from a single incident can be restricted by the court four years after sentence completion if the defendant has not been arrested for at least four years, excluding arrests for non-serious traffic offenses. Ga. Code Ann. § 35-3-37(j)(4)(A). | Records relating to a conviction that was vacated or reversed can be restricted by the court if the prosecuting attorney does not retry case within two years of the final order vacating or reversing the conviction. Ga. Code Ann. § 35-3-37(j)(2). | Records relating to a conviction of a person who was not informed of first offender treatment pursuant to 42-8-60, but would have been eligible, can be restricted if the court grants the petition for retroactive exoneration and discharge. Ga. Code Ann. § 42-8-66. | Records relating to a crime that has been granted a pardon from the State Board of Pardons and Paroles as provided in Ga. Code Ann. § 42-9-42 may be restricted as long as the petitioning individual has not been convicted of any crime in any jurisdiction, excluding any conviction for a non-serious traffic offense, since the pardon was granted, and has no pending charged offenses. Ga. Code Ann. § 35-3-37(j)(7). | A defendant convicted of an offense and sentenced while such individual was a victim of an offense of trafficking under Code Section 16-5-46 may petition the court imposing the sentence to restrict said conviction. Ga. Code Ann. § 35-3-37(j)(6). | Records of a first-offense underage alcohol case following either the successful completion of pre-adjudication probation or court ordered restriction upon sentencing as permitted in Code Section 3-3-23.1 are restricted by the Georgia Crime Information Center. Ga. Code Ann. § 35-3-37(h)(2)(C). | Records relating to a case dismissed or nolle prossed following successful completion of a drug court treatment program, mental health treatment program, or veterans treatment program are restricted by the Georgia Crime Information Center if the defendant was not arrested during the program, excluding a non-serious traffic offense. Ga. Code Ann. § 35-3-37(h)(2)(D). | Records of a first-offense controlled substance possession or related nonviolent property crime dismissed following successful completion of pre-adjudication probation or a court- ordered restriction upon sentencing as permitted in Code Section 16-13-2 are restricted by the Georgia Crime Information Center. Ga. Code Ann. § 35-3-37(h)(2)(B). | Records relating to a first offender case can be ordered restricted by the court at sentencing or during the term of a sentence imposed before July 1, 2016. Ga. Code Ann. §42-8-62.1(b). | Records relating to a first offender case, which were previously restricted, can be sealed by the court at any time. Ga. Code Ann. §42-8-62.1(c). | Records of an arrest for which no indictment, accusation, or charge was filed are restricted if the case is closed by the arresting law enforcement agency and never referred for prosecution. Ga. Code Ann. § 35-3-37(h)(1)(A)(i). | Records of an arrest for a misdemeanor or a misdemeanor of a high and aggravated nature are restricted by the Georgia Crime Information Center two years after arrest if, in that time, the case is not transferred or referred for prosecution or the grand jury returns a no bill without further action. Ga. Code Ann. § 35-3-37(h)(1)(A)(ii)(I). | Records of an arrest for a felony, other than a serious violent felony or a felony sexual offense against a person under age 16, are restricted by the Georgia Crime Information Center four years after arrest if, in that time, the case is not transferred or referred for prosecution or the grand jury returns a no bill without further action. Ga. Code Ann. § 35-3-37(h)(1)(A)(ii)(II). | Records of an arrest for a serious violent felony or a felony sexual offense against a person under age 16 are restricted by the Georgia Crime Information Center seven years after arrest if, in that time, the case is not transferred or referred for prosecution or the grand jury returns a no bill without further action. Ga. Code Ann. § 35-3-37(h)(1)(A)(ii)(III). | Records relating to an arrest where the accusation or indictment is dismissed, nolle prossed, or reduced to a violation of a local ordinance are restricted by the Georgia Crime Information Center, so long as all criteria are met. Ga. Code Ann. § 35-3-37(h)(2)(A), (E). | Records relating to an arrest resulting in an acquittal are restricted by the Georgia Crime Information Center, unless the prosecuting attorney demonstrates to the trial court that the harm inflicted upon the individual is clearly outweighed by the public interest in the records being publicly available. Ga. Code Ann. § 35-3-37(h)(2)(E). | Records relating to a case that has been on the dead docket for more than 12 months can be restricted at the discretion of the court, unless an active warrant is pending for the petitioner. Ga. Code Ann. § 35-3-37(j)(3). | Records relating to a felony arrest that was dismissed, nolle prossed, or for which the petitioner was found not guilty but was convicted of a misdemeanor offense that was not a lesser included offense of the felony charge, can be restricted by the court within four years of the arrest. Ga. Code Ann. § 35-3-37(j)(1). | Records relating to an arrest that did not result in conviction occurring before July 1, 2013 can be restricted by the arresting law enforcement agency if the request meets the criteria set forth in section 35-3-37(j). Ga. Code Ann. § 35-3-37(n). | Records relating to arrest and court proceedings are expunged upon acquittal, declined prosecution, or expiration of the limitations period without an action being commenced. 8 GCA § 11.10. |
| Ineligible Category or Citation | See Ga. Code Ann. § 35-3-37(j)(2) for offenses ineligible for restriction. | Does not apply to a vacated or reversed conviction for which the punishment was the death penalty. Ga. Code Ann. § 35-3-37(j)(2). | See section 42-8-60(j) for offenses ineligible for first offender sentencing. | This section does not apply to serious violent felonies as defined in Ga. Code Ann. § 17-10-6.1 or sexual offenses as defined in Ga. Code Ann. § 17-10-6.2. | No statutory language regarding ineligible offenses. | This section applies only to pre-adjudication probation under 3-3-23.1(c) for violations of 3-3-23(a)(2) and (3). | This section applies only to offenses dismissed or nolled prossed after completion of a drug court treatment program, mental health treatment program, or veterans treatment program. Ga. Code Ann. § 35-3-37(h)(2)(D). | This section applies only to pre-adjudication probation under 16-13-2(a) and (c). Ga. Code Ann. § 35-3-37(h)(2)(B). | See section 42-8-60(j) for offenses ineligible for first offender sentencing. | See section 42-8-60(j) for offenses ineligible for first offender sentencing. | There is no statutory language regarding ineligible offenses. | This section applies only to arrests for misdemeanors and misdemeanors of a high and aggravated nature. | This section applies to felonies, but excludes serious violent felony or a felony sexual offense against a person under age 16. Ga. Code Ann. § 35-3-37(h)(1)(A)(ii)(II). | There is no statutory language regarding ineligible offenses. | See 35-3-37(i) for information ineligible for restriction following dismissal or nolle prosequi. | See 35-3-37(i)(2) and (3) for information ineligible for restriction following acquittal. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | The request to restrict the record must comply with subsection (h). § 35-3-37(n)(2). | A felony offense involving violence may not be expunged. An offense requiring sex offender registration may not be expunged until the offender's name is removed from the registry. 8 GCA § 11.10. |
| Clearance Process | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Automatic | Petition-based | Petition-based | Automatic | Automatic | Automatic | Automatic | Automatic | Automatic | Petition-based | Petition-based | By petition or court's own motion | Automatic |
| Waiting Periods | The petition can be filed five years after sentence completion. | The petition may be filed two years after the final order vacating the conviction. | There is no waiting period. | There is no waiting period. | There is no statutory language regarding a waiting period. | The case is restricted upon dismissal of charges. | The record is restricted upon notice of case dismissal. | The record is restricted upon notice of case dismissal. | There is no waiting period. | The petition can be filed any time after the person is discharged. | The record is restricted by the Georgia Crime Information Center within 30 days of the case decision. | The record is restricted two years after arrest if the conditions are satisfied. | The record is restricted by the Georgia Crime Information Center after four years if the conditions are satisfied. | The record is restricted by the Georgia Crime Information Center after seven years if the conditions are satisfied. | The record is restricted upon dismissal or nolle prosequi. | The record is restricted 10 days after acquittal. | The record is restricted if it has been on the dead docket for 12 months. | The petition must be filed within four years of the arrest. | The written request can be submitted at any time. | There is no statutory language regarding a waiting period. |
| Fees | There is no statutory language regarding fees. | There is no statutory language regarding fees. | No fee can be charged to file the petition. Ga. Code Ann. § 42-8-66(h). | There is no statutory language on fees. | No fee is permitted to be charged for a petition under this section. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | No fee can be charged. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | Reasonable fees shall be charged by the arresting law enforcement agency and the center for the actual costs of restricting such records, provided that such fee shall not exceed $50.00. | There is no statutory language regarding fees. |
| Effect | Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, or licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6). | Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, or licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6). | The court can issue an order retroactively granting first offender treatment and discharge the defendant. Ga. Code Ann. § 42-8-66. A discharge is not a conviction of a crime and cannot be used to disqualify an individual in any application for employment or appointment to office in either the public or private sector, except for positions listed in section 42-8-63.1. Ga. Code Ann. §§ 42-8-63, 42-8-63.1 The criminal history information is sealed and unavailable to the public, except for specified purposes. Ga. Code Ann. §§ 42-8-62.1(d), (e), (f), (g). | Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, or licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6). | Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, or licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6). | Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, or licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6), (k). | Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, or licensing or regulating agencies. Ga. Code Ann. §§ 35-3-37(a)(6), (k). | Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, licensing or regulating agencies. Ga. Code Ann. §§ 35-3-37(a)(6), (k). Discharge and dismissal under section 16-13-2(c) cannot be used to disqualify a person in any application for employment or appointment to office in either the public or private sector. Ga. Code Ann.§ 16-13-2(c). | A discharge is not a conviction of a crime and cannot be used to disqualify an individual in any application for employment or appointment to office in either the public or private sector, except for positions listed in section 42-8-63.1. Ga. Code Ann. §§ 42-8-63, 42-8-63.1 The criminal history information is sealed and unavailable to the public, except for specified purposes. Ga. Code Ann. § 42-8-62.1(d)-(g). | A discharge is not a conviction of a crime and cannot be used to disqualify an individual in any application for employment or appointment to office in either the public or private sector, except for positions listed in section 42-8-63.1. Ga. Code Ann. §§ 42-8-63, 42-8-63.1 The criminal history information is sealed and unavailable to the public, except for specified purposes. Ga. Code Ann. §§ 42-8-62.1(d), (e), (f), (g) | Restricted criminal history record information is available only for specified law enforcement purposes and for employment with criminal justice agencies, and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6). If the center receives notice of the filing of an indictment subsequent to the restriction of the record, the center will make the record available. If the center does not receive notice of a charging instrument within 30 days, such record will be restricted for noncriminal justice purposes and will be considered sealed. Ga. Code Ann. § 35-3-37(h)(1). | Restricted criminal history record information is available only for specified law enforcement purposes and for employment with criminal justice agencies, and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, or licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6). If the center receives notice of the filing of an indictment subsequent to the restriction of the record, the center will make the record available. If the center does not receive notice of a charging instrument within 30 days, such record will be restricted for noncriminal justice purposes and will be considered sealed. Ga. Code Ann. 35-3-37(h)(1). | Restricted criminal history record information is available only for specified law enforcement purposes and for employment with criminal justice agencies, and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, or licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6). If the center receives notice of the filing of an indictment subsequent to the restriction of the record, the center will make the record available. If the center does not receive notice of a charging instrument within 30 days, such record will be restricted for noncriminal justice purposes and will be considered sealed. Ga. Code Ann. § 35-3-37(h)(1). | Restricted criminal history record information is available only for specified law enforcement purposes and for employment with criminal justice agencies, and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, or licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6). If the center receives notice of the filing of an indictment subsequent to the restriction of the record, the center will make the record available. If the center does not receive notice of a charging instrument within 30 days, such record will be restricted for noncriminal justice purposes and will be considered sealed. Ga. Code Ann. § 35-3-37(h)(1). | Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, licensing or regulating agencies. Ga. Code Ann. §§ 35-3-37(a)(6), (k). | Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6), (k). | Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, or licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6), (k). | Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, or licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6). | Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, licensing or regulating agencies. Ga. Code Ann. §§ 35-3-37(a)(6), (k). | Records are sealed to all persons outside of the law enforcement agencies of Guam and federal agencies entitled to examine them. Such agencies refuse to admit the existence of such records to persons not entitled to examine them. 8 GCA § 11.11. |
| Remedy | Shield | Shield | Seal | Shield | Shield | Shield | Shield | Shield | Seal | Shield | Shield | Shield | Shield | Shield | Shield | Shield | Shield | Shield | Expunge |
