Expungement and Record Sealing in Georgia: A Guide for Clearing Your Criminal Record

Having a criminal record can make life extremely difficult. It can prevent you from getting a job, finding housing, qualifying for student loans, and more. Fortunately, Georgia has options that allow people to clear their criminal record through expungement and record sealing. This guide will explain everything you need to know about clearing your record in Georgia.

What is Expungement and Record Sealing?

Expungement and record sealing are legal processes that remove eligible crimes from your criminal record. An expungement actually destroys or erases the record, while record sealing simply hides it from public view.

In Georgia, the process is officially called “record restriction.” This means your criminal record is hidden from most background checks run by employers, landlords, colleges, etc. The records can still be seen by police, judges, and other criminal justice agencies however.

Why Get Your Record Cleared?

Having certain convictions on your record can really hold you back in life. Even a minor misdemeanor can make it hard to get a job, rent an apartment, or qualify for student aid. Getting your record cleared through expungement or sealing can help give you a true second chance and improve your opportunities.

Some of the key benefits include:

• Passing employer background checks
• Qualifying for professional licenses
• Renting an apartment
• Lower insurance rates
• Improved credit scores
• Applying for student aid and loans

Clearing your record gives you a chance to move forward in life without the mistakes of your past holding you back at every turn.

Georgia’s New Record Restriction Law

In 2021, Georgia passed a new record restriction law – SB 288. This expanded the number of criminal records eligible for expungement and sealing in the state.

The law allows people to petition the court to restrict access to:

• Up to 2 misdemeanor convictions after 4 years conviction-free
• Certain pardoned felonies

This is a big change for Georgia. Before this law, almost all convictions stayed on your record for life with very limited options for removal.

Eligibility for Record Restriction in Georgia

Not all criminal charges are eligible for record restriction in Georgia. Eligibility depends on the type of crime, your criminal history, and other factors.

Misdemeanors

You can petition to seal up to 2 misdemeanor convictions as long as you have no other convictions in the past 4 years. Certain misdemeanors are excluded, like sex crimes, domestic violence, and DUIs.

Felonies

Many pardoned felonies can be restricted and sealed. However, serious violent felonies like murder, armed robbery, and sex crimes are not eligible. You must receive a pardon first before petitioning the court.

Juvenile Records

Most juvenile records can be restricted and sealed either automatically or through a petition process depending on your age and type of offense. An attorney can advise you on clearing eligible juvenile records.

Dismissed, Dropped, or Not Guilty Charges

If you were never convicted and your charges were dismissed, dropped, or found not guilty – you can request restriction through the arresting agency and prosecutor’s office.

The Record Restriction Process in Georgia

Restricting your criminal record in Georgia involves navigating the courts and criminal justice system. The process has several key steps:

Step 1: Obtain Pardon if Needed

For pardoned felonies, you must first obtain a pardon from the Georgia Board of Pardons and Paroles. This can take 6-12 months for approval. You must meet pardon eligibility requirements.

Step 2: Petition the Court

File a petition in the court where your conviction occurred asking for the record to be restricted and sealed. This involves submitting the proper forms and evidence.

Step 3: Attend Court Hearing

If the judge sets a hearing, you or your lawyer will attend to explain why the record should be sealed. The prosecutor may argue against it.

Step 4: Court Decision

The judge will issue an order either granting or denying the record restriction. If approved, it gets sent to the Georgia Bureau of Investigation to remove it from your criminal history.

Finding an Attorney for Expungement

Trying to clear your criminal record on your own can be extremely complicated. That’s why it’s highly recommended to work with an experienced criminal record expungement attorney. They can:

• Advise if you qualify for record restriction or sealing
• Obtain pardons and prepare court petitions
• Represent you at hearings if needed
• Handle all paperwork and procedures
• Increase chances of success

Be sure to work with an attorney familiar with Georgia’s record restriction law. They can guide you through the complex process and help get your record cleared.

Cost of Expungement in Georgia

The total cost of getting your record restricted or sealed in Georgia really depends on your specific situation. Cost factors include:

• Attorney fees to handle the process
• Filing fees for court petitions
• Fees for obtaining police reports, case dispositions, etc
• Expungement eligibility evaluation

For a basic eligible misdemeanor, total fees may range from $1,000 to $2,000 on average. Felonies and more complex situations cost more. Many attorneys offer free consultations to evaluate your options.

Benefits of Getting Your Record Cleared

Clearing your Georgia criminal record can be life-changing. While the process has costs upfront, the long-term benefits are invaluable. Your opportunities and quality of life will improve.

Here are some of the top benefits of getting your record restricted:

• Better Job Opportunities – Pass background checks for greater career options
• Housing Access – Qualify to rent apartments or buy a home
• Financial Aid – Apply for student loans and grants for college
• Lower Insurance – Decreased car insurance rates in many cases
• Gun Ownership – Restore your right to own a firearm
• Vote and Serve on Jury – Restore your voting and jury service rights
• Travel Abroad – Travel to countries that bar entry for convictions
• Peace of Mind – Live your life freely without a criminal record holding you back

Checking Your Own Criminal Record

Before starting the expungement process, it’s important to check your own Georgia criminal record. This helps you understand what’s on your record and what charges may be eligible.

You can obtain a copy of your GA criminal history in two ways:

• Request from GCIC – Fill out a form and submit fingerprints to the GA Crime Information Center
• Order Background Check – Use a private company to conduct a background check on yourself

Review the full report carefully and look for any errors or eligible records. This information helps in clearing your record.

Avoiding Future Convictions

The best way to keep your record clean after having it cleared is simple – avoid any new convictions!

Here are some tips:

• Associate with Positive People – Limit time with those still involved in crime
• Avoid Drugs and Alcohol – Stay sober and don’t put yourself at risk
• Follow Laws Strictly – Follow even minor laws to avoid arrests
• Anger Management – Don’t act violently or illegally when angry
• Get a Mentor – Find a mentor to provide positive guidance and support

Second Chance Employment in Georgia

If you are struggling to find work due to a criminal record, look into second chance employers in Georgia. These businesses actively work to hire qualified people with criminal backgrounds.

Some major second chance employers in GA include:

• Walmart
• Home Depot
• Waffle House
• Naturally Fresh
• Greenbriar Landscaping

Check job boards like Second Chance Jobs for other felony-friendly employers in Georgia. There are more opportunities than you may think.

Conclusion

Thanks to Georgia’s new record restriction law, more people have the chance to clear eligible criminal records through expungement and record sealing. While the process has steps to follow, the benefits for your future are invaluable.

If you have a Georgia criminal record holding you back, don’t wait to consult an attorney. An experienced lawyer can review your specific situation and start working to clear your record today. It may be the difference that allows you to get the job, loan, apartment, or life you deserve.

There is hope – don’t let your past define your future. Use this guide to better understand how to clear your GA criminal record and move forward with confidence.