Second Chance Index
Menu

Record restriction, record sealing, or pardon in Georgia

Can I clear my record in Georgia?

Georgia doesn't expunge records.

Limited automatic clearing

How did your case end?

Pick the one that matches. We'll show the routes Georgia law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

It 'restricts' them, which hides them from most employment and licensing background checks run through the Georgia Crime Information Center (GCIC), and courts can separately 'seal' the court file. Most arrests that didn't lead to a conviction can be restricted. Since January 1, 2021, people can petition to restrict up to two eligible misdemeanor convictions after four conviction-free years. Other convictions, including felonies, generally need a pardon first. DUI and other serious traffic convictions can't be restricted through the misdemeanor petition.1,2,3,4

Checked October 21, 2026 against 14 sources, starting with Georgia law, then by a second reader.

What it's called
Record restriction, record sealing, or pardon1,2,3
Automatic clearing
Limited, since July 1, 20132,4,5
DUI or DWI
Sometimes1,8
Filing fee
No filing fee1,2,3
Fee waiver
Not confirmed

Sealing

Record restriction for arrests without a conviction

A restricted record is available only to judicial officials and criminal justice agencies (for law enforcement, or for hiring by criminal justice agencies), not to private persons, businesses or licensing agencies, through the state criminal history (GCIC). GBI says even arrests restricted because time ran out don't appear on Georgia employment and licensing checks, though those are still shared with the FBI and other states. The same information may still exist with local agencies or private background vendors, so you may also want to have the court file sealed.1,2,3

What it's for: Arrests and charges that ended without a conviction, plus some completed diversion-type sentences, dead-docketed charges and vacated convictions.

Who can use it

  • Arrests never referred for prosecution, if the arresting agency closes the case, or if no referral is made within 2 years (misdemeanors), 4 years (most felonies) or 7 years (serious violent felonies and certain felony sex offenses against a child under 16).
  • Cases referred for prosecution but dismissed before indictment or accusation.
  • Cases where the grand jury returned two no bills, or one no bill and the time limit above has passed.
  • Cases where all charges were dismissed, nolle prossed, or reduced to a local ordinance violation after indictment or accusation.
  • Conditional discharge under O.C.G.A. 16-13-2(a) or (c), if the court ordered restriction at sentencing or probation was completed.
  • Successful completion of a drug court, mental health court or veterans court program, with the case dismissed or nolle prossed and no arrest during the program (except nonserious traffic offenses).
  • Acquittal of all charges, unless the prosecutor shows within 10 days, by clear and convincing evidence, that the public interest clearly outweighs the harm (allowed only in limited situations).
  • By court petition, within 4 years of the arrest: a felony charge that was dismissed, nolle prossed or ended in acquittal when you were convicted only of a misdemeanor that isn't a lesser included offense of that felony (O.C.G.A. 35-3-37(j)(1)).
  • By court petition: a conviction that was vacated or reversed, if the prosecutor hasn't retried the case within 2 years after that order became final (35-3-37(j)(2)).
  • By court petition: a charge that has been on the dead docket for more than 12 months, unless an active warrant is pending (35-3-37(j)(3)).

What doesn't qualify

  • Charges dismissed, nolle prossed or reduced because of a plea deal that led to a conviction from the same transaction.
  • Cases where the prosecutor was barred from using material evidence on legal grounds.
  • Conduct that was part of a pattern of criminal activity prosecuted in another court in Georgia or another country.
  • People who had diplomatic, consular or similar immunity.
  • Cases where only some of the charges ended in acquittal (though a felony charge can be restricted by petition when you were convicted only of a misdemeanor that isn't a lesser included offense; see above).
  • Acquittals later found to result from jury tampering or judicial misconduct.

How long you have to wait

RecordWaiting period
Misdemeanor arrest never referred for prosecution2 years after the arrestGCIC restricts the arrest automatically if it gets no notice of a referral in that time ('time-expired' restriction). GBI says these still go to the FBI and other states for out-of-state checks.
Felony arrest never referred (other than serious violent felonies and certain sex offenses against a child under 16)4 years after the arrest
Serious violent felony or qualifying felony sex offense against a child under 16, never referred7 years after the arrest
Felony charge ended without conviction, but convicted of a separate misdemeanorFile within 4 years of the arrest (a deadline, not a wait)If you ask for a hearing, it must be held within 90 days (35-3-37(j)(1)).
Vacated or reversed conviction2 years after the order vacating or reversing it became final, if the case wasn't retried
Charge on the dead docketMore than 12 months on the dead docketThe court can't grant it while an active warrant is pending.

Some records clear automatically. For arrests on or after July 1, 2013 there is no application; GBI says to contact the prosecutor to have the record restricted, and Georgia's courts say the prosecutor may approve restriction at sentencing. Arrests never referred for prosecution are restricted automatically by GCIC after 2, 4 or 7 years. Arrests before July 1, 2013 require an application.

How to apply

  1. Get your GCIC criminal history to see how each arrest is listed.
  2. For an arrest on or after July 1, 2013, contact the prosecutor's office that handled the case and ask for restriction.
  3. For an arrest before July 1, 2013, fill out Section 1 of the GBI Request to Restrict Arrest Record (one form per arrest date) and give it to the arresting agency. The agency forwards it to the prosecutor, who has 90 days to decide.
  4. If the prosecutor approves but doesn't enter the restriction in the state system, send the approved form and the $25 GCIC fee to GCIC Record Restrictions, P.O. Box 370808, Decatur, GA 30037-0808.
  5. For a dismissed felony with a separate misdemeanor conviction, a vacated or reversed conviction, or a charge on the dead docket, file a petition with the court that handled the case (or where the dead-docketed charge is pending) under O.C.G.A. 35-3-37(j)(1)-(3).
  6. To hide the court file too, petition the court that handled the case to seal the clerk's records (O.C.G.A. 35-3-37(m)). The clerk must restrict the documents within 60 days of the order. You can also ask the county or city jail in writing to restrict its records; it must do so within 30 days.
Where to file
The prosecutor's office (arrests on or after July 1, 2013) or the arresting agency (arrests before July 1, 2013); the court that handled the case for (j)(1)-(3) petitions and for sealing the court file.
Cost
For arrests before July 1, 2013: the arresting agency may charge a processing fee of up to $50, plus a $25 GCIC fee paid by money order or certified check to 'Georgia Bureau of Investigation' (not needed if the prosecutor enters the restriction directly). No application fee is listed for arrests on or after July 1, 2013. Court fees for a petition to seal the court file weren't confirmed.
Court hearing
Sometimes
How long it takes
For pre-2013 arrests, the prosecutor has 90 days to decide; silence is treated as no objection. Clerks must restrict sealed court records within 60 days of a sealing order.

Official forms

Sealing

Record restriction for misdemeanor convictions

If the court grants the petition, the conviction is restricted on your state criminal history, so it is hidden from private persons, businesses and licensing agencies that get records through GCIC. Criminal justice agencies and judicial officials can still see it.1,6

What it's for: Up to two eligible Georgia misdemeanor convictions in your lifetime (a series of misdemeanors from one incident counts as one).

Who can use it

  • A Georgia misdemeanor conviction, or a series of misdemeanors from a single incident.
  • You have completed the terms of your sentence.
  • You haven't been convicted of any crime in any jurisdiction for at least 4 years before filing, not counting nonserious traffic offenses.
  • You have no pending charges.

What doesn't qualify

  • Any serious traffic offense under O.C.G.A. Title 40, Chapter 6, Article 15, which includes DUI (O.C.G.A. 40-6-391), reckless driving and homicide by vehicle.
  • Family violence simple assault, simple battery and battery (with some exceptions for youthful offenders), stalking, and violating a family violence order.
  • Child molestation, enticing a child for indecent purposes, improper sexual contact by an employee or agent, and offenses related to minors under Part 2 of Article 3 of Chapter 12 of Title 16.
  • Public indecency, keeping a place of prostitution, pimping, pandering by compulsion, sexual battery, obstructing an emergency call, and Peeping Tom offenses.
  • Theft under Chapter 8 of Title 16, except misdemeanor shoplifting or refund fraud (O.C.G.A. 16-8-14, 16-8-14.1).
  • A third conviction, once two convictions have been restricted under this petition.

How long you have to wait

RecordWaiting period
Eligible misdemeanor convictionSentence completed, and no conviction in any jurisdiction during the 4 years before filingAvailable since January 1, 2021 (SB 288, Georgia's Second Chance law). Nonserious traffic offenses don't count against you. The statute counts the 4 years back from the filing date (35-3-37(j)(4)(A)); Gwinnett County's Solicitor-General describes it as four years after you complete your sentence, so some offices may read it that way.
Refiling after a denial2 years after the final order

How to apply

  1. Get your GCIC criminal history and the sentencing papers for the conviction.
  2. File a petition in the court where you were convicted and serve a copy on the prosecutor.
  3. The court considers your conduct and grants restriction only if it finds the harm to you clearly outweighs the public's interest in the record being public.
  4. If granted, also ask the court to seal the clerk's records and ask the jail to restrict its records.
Where to file
The court where you were convicted.
Cost
The statute sets no specific fee for this petition; court filing fees weren't confirmed on an official page and may vary by court.

Pardon

Pardon (State Board of Pardons and Paroles)

A pardon is official forgiveness, granted at the Board's discretion. It does not expunge, remove or erase the conviction; the pardon is attached to the criminal record. It may help with jobs or education, and it opens the door to a court petition to restrict the pardoned conviction (see the next remedy). The Board advises answering 'yes' if an employer asks about convictions, then explaining the pardon and showing the paperwork.7,8

What it's for: Georgia convictions, including felonies, after a waiting period.

Who can use it

  • All sentences completed at least 5 years before applying.
  • Law-abiding for the 5 years before applying.
  • No pending charges.
  • All fines paid in full.
  • For sex offenses that require registration: 10 years since all sentences ended and 10 law-abiding years, plus a psychosexual evaluation, a disclosure polygraph (both within 90 days, at your cost) and a current risk-level evaluation.

What doesn't qualify

  • Anyone with pending charges or unpaid fines.
  • Cases on a dead docket must be resolved before applying.

How long you have to wait

RecordWaiting period
Most convictions5 years after all sentences are completed
Sex offenses requiring registry listing10 years after all sentences are completed

How to apply

  1. Apply online through the Board's portal; since January 2, 2024 paper applications are returned.
  2. Upload your Georgia criminal history and certified sentence documents for any disposition missing from your record, or the application won't be processed.
  3. Check your online account and email for status updates and requests for information.
Where to file
Georgia State Board of Pardons and Paroles.
Cost
No application fee, and you don't need a lawyer. Sex-offense applicants pay for the required evaluation and polygraph.
How long it takes
Typically 6 to 9 months, possibly longer.

Official forms

Sealing

Record restriction after a pardon

Restricts the pardoned conviction on your state criminal history, hiding it from private persons, businesses and licensing agencies that get records through GCIC.1,8

What it's for: A Georgia conviction that has been pardoned, other than serious violent felonies and sexual offenses.

Who can use it

  • A Georgia conviction for which a pardon was granted.
  • No convictions since the pardon, not counting nonserious traffic offenses.
  • No pending charges.

What doesn't qualify

  • Serious violent felonies as defined in O.C.G.A. 17-10-6.1.
  • Sexual offenses as defined in O.C.G.A. 17-10-6.2.

How long you have to wait

RecordWaiting period
Pardoned convictionAny time after the pardon, if you have no new conviction and no pending charges

How to apply

  1. Get a pardon from the State Board of Pardons and Paroles first.
  2. Petition the court where you were convicted to restrict the record.
  3. The court grants it if the harm to you clearly outweighs the public's interest in the record being public.
Where to file
The court where the conviction occurred.
Cost
The statute sets no specific fee for this petition; court filing fees weren't confirmed.

Automatic clearing

Georgia has no broad Clean Slate law. For arrests on or after July 1, 2013, restriction of non-convictions happens without an application: the prosecutor handles it, and GCIC automatically restricts arrests never referred for prosecution after 2 years (misdemeanors), 4 years (most felonies) or 7 years (serious violent felonies and certain child sex offenses). Convictions need a petition, and court files need a separate sealing petition.2,4,5

DUI and DWI records in Georgia

Not through the usual misdemeanor petition: 'any serious traffic offense' under O.C.G.A. Title 40, Chapter 6, Article 15, which includes DUI (40-6-391), is excluded from misdemeanor conviction restriction. The route the statute leaves open is a pardon: you can apply to the State Board of Pardons and Paroles 5 years after completing all sentences, and a pardoned conviction can then be restricted by petition unless it is a serious violent felony or sexual offense. We found no official page applying that route to DUI specifically, and a pardon is discretionary. A DUI arrest that ended in dismissal, nolle prosequi or acquittal can generally be restricted like other non-convictions, unless it was dropped as part of a plea to another charge from the same incident.1,8

Arrests and dismissed charges

Arrests that ended without a conviction (never referred, dismissed, nolle prossed, no-billed twice, reduced to a local ordinance violation, or acquitted on all charges) can generally be restricted, with exceptions such as charges dropped as part of a plea deal on another charge from the same incident. For arrests on or after July 1, 2013, contact the prosecutor; there's no application. For arrests before July 1, 2013, apply through the arresting agency (up to $50 agency fee plus a $25 GCIC fee). Arrests never referred for prosecution are restricted automatically after 2, 4 or 7 years. You can also petition the court to restrict a charge on the dead docket for more than 12 months, a conviction vacated or reversed and not retried within 2 years, or (within 4 years of arrest) a felony charge that ended without conviction when you were convicted only of a misdemeanor that isn't a lesser included offense (O.C.G.A. 35-3-37(j)(1)-(3)). Restriction covers the state criminal history; you need a separate court petition to seal the clerk's file.1,2,3,4

What employers can see afterward

Restricted records are available only to judicial officials and criminal justice agencies, not to private persons, businesses or licensing agencies, through the state criminal history (O.C.G.A. 35-3-37(a)(6)). A restricted record can still be used to disqualify someone from certain jobs in the same way as a first offender discharge under O.C.G.A. 42-8-63.1, and restriction doesn't override disclosures federal law requires, such as for financial institutions (35-3-37(u)). In lawsuits against an employer over an employee's conduct, criminal history is generally inadmissible if it was restricted or sealed (or pardoned) before the conduct, or if it is an arrest or charge that didn't lead to a conviction (O.C.G.A. 24-4-419). We found no Georgia statute limiting when private employers may ask about criminal records.1,8

Free help in Georgia

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.10,11,12
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.13,14

This page explains Georgia's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in Georgia?" https://secondchanceindex.com/record-clearing/georgia, checked October 21, 2026.

Embed this answer on your site · Download it as an image

Sources

Each source was opened and checked on October 21, 2026.

  1. O.C.G.A. 35-3-37(h), (i), (j)(1)-(3), (k), (m), (n)
  2. Georgia Criminal History Record RestrictionsGeorgia Bureau of Investigation
  3. Request to Restrict Arrest Record: Instructions and Request FormGeorgia Bureau of Investigation
  4. Georgia Law Regarding Time Expired Restriction NotificationsGeorgia Bureau of Investigation
  5. Record Restrictions/ExpungementJudicial Council of Georgia / Administrative Office of the Courts
  6. Record Restrictions InformationGwinnett County Solicitor-General
  7. Ga. Comp. R. & Regs. 475-3-.10 (State Board of Pardons and Paroles rule)
  8. Pardons & Restoration of RightsGeorgia State Board of Pardons and Paroles
  9. Obtaining Criminal History Record Information Frequently Asked QuestionsGeorgia Bureau of Investigation
  10. List of consumer reporting companiesConsumer Financial Protection Bureau
  11. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  12. Employer Background Checks and Your RightsFederal Trade Commission
  13. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  14. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)