Record Expungement in Georgia

O.C.G.A. § 35-3-37(d) (1) allows for the expungement of arrest charges by a local law enforcement agency when certain conditions are met (as outlined in this statute). If approved by the local arresting agency, and the appropriate prosecutor, the arrest cycle is sealed on the Georgia criminal history report by GCIC. Access to that arrest information is restricted to criminal justice agencies only. The arrest is expunged in its entirety from the FBI criminal history record.

3. A person is eligible for an expungement in Georgia if:
1. A person who can show their records are inaccurate or incomplete.
2. A person with no conviction because charges disposed of or dismissed, has no charges pending, and has been not convicted of anything in U.S. in last five years, excluding incarceration time.
3. A juvenile if a petition alleging delinquency is not filed, or the proceedings are dismissed after either a petition is filed, or the case is transferred to the juvenile court as provided in Code Section 15-11-30.4, or the child is adjudicated not to be a delinquent child.

A person is not eligible for expungement in Georgia if:
a)charges were nolled, dead-docketed, or dismissed because of plea agreement resulting in conviction,
b)the government was barred from introducing material evidence,
c)a material witness refused to testify or was unavailable to testify without legal right to do so,
d)the attorney elected not to prosecute for reasons of judicial economy because defendant was incarcerated,
e) the person completed a pretrial diversion program, the terms of which did not specifically provide for expungement,
f) conduct which resulted in the arrest of the individual was part of a pattern of criminal activity which was prosecuted in another court, or
g) diplomatic, consular, or similar immunity prevented a conviction. Georgia Code § 35-3-37.

The following are examples of final court dispositions that may qualify: Dismissed: Not Presented to Grand Jury: No Further Action Anticipated; Nolle Prossed/Prosequi; Dead Docket; or No Record on File. All applications must be approved or denied by the appropriate prosecutor.

To apply for the local record expungement, contact the arresting law enforcement agency to obtain an application for Local Record Expungement. The request for expungement form is a three-part form:

Section One - You will complete Section One and return to the arresting agency.
Section Two - Completed by the arresting agency that forwards the request to the appropriate prosecutor (District Attorney or Solicitor).
Section Three - Completed by the prosecutor who will approve or deny the request.
Once the prosecutor completes their portion, they will forward the complete form to GCIC.
What is the process for an attorney to request a client's criminal history record?
O.C.G.A. § 35-3-34 (a) (2) provides for an attorney to obtain criminal history records of a client, other defendant, or witness in a criminal action. The request must be submitted in writing to include the style of the case, full name, date of birth, race, sex, and social security number (if available) for each person. Mail the request to the attention of "attorney requests" at the address listed in the contact information. A $15.00 fee payable to GCIC by business check or money order is required for each record requested.

Other Laws & Ways To Seal or Expunge Your Record In Georgia

Georgia 's First Offender Act (FOA)
Upon a verdict or plea of guilty or nolo contendere, but before an adjudication of guilt, the court may, in the case of a defendant who has not been previously convicted of a felony, without entering a judgment of guilt and with the consent of the defendant, defer further proceeding and place the defendant on probation as a first offender.

If the terms of the first offender sentence are successfully completed, and the probationer discharged, the arrest record is sealed. GCIC must receive official notification that the subject has successfully completed the FOA requirements. The record is not automatically sealed based on the elapse of the probation sentence.

Georgia law (O.C.G.A. § 42-8-65(b)) requires GCIC to change the first offender sentence to a conviction if, prior to successful discharge, the subject is arrested and convicted of another offense while still on first offender probation. Courts may also revoke a first offender sentence, indicate unsatisfactory completion of the first offender sentence or change to an adjudication of guilt.

How do I obtain a copy of your national criminal history record.

Individuals can obtain a copy of their national criminal history record from the FBI by submitting a request to the below address. In order to receive a copy of your FBI record for personal, employment, or international work requirements the FBI requires the following: 1) A signed written request with a brief explanation for the request and your complete return mailing address. 2) Each request must contain two completed applicant fingerprint cards with all of the applicant's personal information (name, date of birth, place of birth, etc.) and a current set of 10 rolled fingerprints and eight flat finger impressions. Fingerprints and impressions must be taken by a local law enforcement agency. 3) An $18.00 fee in U.S. currency by certified check or money order payable to the United States Treasury. This information is provided in compliance with the U.S. Freedom of Information Act.

FBI
CJIS Division
ATTN: SCU, MOD.D-2
1000 Custer Hollow Road
Clarksburg , West Virginia 26303

For more information, the FBI's web site on this issue is http://www.fbi.gov/hq/cjisd/fprequest.htm . You also can contact the FBI at 304-625-5590.