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| 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 maintained by a jail or detention center can be restricted following the restriction of the criminal history information by the Georgia Crime Information Center. Ga. Code Ann. § 35-3-37(k)(2). (Cannot link directly to statutes.) | Records relating to charges handled through the completion of informal adjustment, mediation, or other non-adjudicatory procedure or to a delinquency petition that was dismissed will be sealed. Ga. Code Ann. § 15-11-701(a). | Records relating to adjudications for committing a delinquent act can be sealed, so long as two years have passed since the petitioner's final discharge and the court determines that the petitioner has been rehabilitated. Ga. Code Ann. § 15-11-701(b). | Records relating to an adjudication for a sex crime can be sealed if such crime resulted from the petitioner being trafficked for sexual servitude or a victim of sexual exploitation. Ga. Code Ann. § 15-11-701(c). | 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). | An adjudication for a sex crime may be vacated if such crime resulted from the petitioner being trafficked for sexual servitude or a victim of sexual exploitation. Ga. Code Ann. § 15-11-32(d). | 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). |
| Ineligible Category or Citation | See Ga. Code Ann. § 35-3-37(j)(2) for offenses ineligible for restriction. | No statutory language regarding ineligible offenses. | To be eligible for sealing, the petitioner cannot have: (1) a subsequent conviction for a felony or of a misdemeanor involving moral turpitude; (2) a subsequent adjudication for committing a delinquent act or as a child in need of services; or (3) a proceeding seeking conviction or adjudication pending against the petitioner. Ga. Code Ann. § 15-11-701(b)(2). | No statutory language regarding ineligible offenses. | 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 provision applies only to a sexual crime as defined in Section 16-3-6. Ga. Code Ann. § 15-11-32(d). | 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. | |
| Clearance Process | Petition-based | Petition-based | Automatic | By petition or court's own motion | By petition or court's own motion | Petition-based | Petition-based | Petition-based | Petition-based | By petition or court's own motion | Automatic | Automatic | Automatic | Petition-based | Petition-based | Automatic | Automatic | Automatic | Automatic | Automatic |
| Waiting Periods | The petition can be filed five years after sentence completion. | There is no statutory language regarding a waiting period. | The records should be sealed immediately following the completion of informal adjustment, mediation, or other non-adjudicatory procedure or following the dismissal of the petition. | The petition can be filed two years after the final discharge of the person. | The petition can be filed at any time following the adjudication. | 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 petition may be filed at any time following the adjudication. | 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. |
| 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. | 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 on fees. | 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. |
| 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). | Within 30 days, the jail or detention center will restrict access to the criminal history information record it maintains for the person's charge. Ga. Code Ann. § 35-3-37(k)(2). | Upon the entry of the order, the proceeding will be treated as if it had never occurred. All index references will be deleted and the person, court, law enforcement officers, and departments can properly reply that no record exists pertaining to the person upon inquiry in any matter. Ga. Code Ann. § 15-11-701(e). | Upon the entry of the order, the proceeding will be treated as if it had never occurred. All index references will be deleted and the person, court, law enforcement officers, and departments can properly reply that no record exists pertaining to the person upon inquiry in any matter. Ga. Code Ann. § 15-11-701(e). | Upon the entry of the order, the proceeding shall be treated as if it had never occurred. All index references will be deleted and the person, court, law enforcement officers, and departments can properly reply that no record exists pertaining to the person upon inquiry in any matter. Ga. Code Ann. § 15-11-701(e). | 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). | The order of adjudication is vacated. Ga. Code Ann. § 15-11-32. | 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). |
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