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1. What is record restriction or expungement?

Georgia’s new law (effective July 1^st, 2013), now refers to expungement as “record restriction.” Record restriction increased the type of cases that were available for restriction. Record restriction means that eligible records on your criminal history report are restricted from public view. Yet the records are available to law enforcement for criminal justice and employment purposes.

2. Are all arrests on my criminal history subject to restriction?

Most cases that are closed without conviction are eligible for restriction. This includes charges that are closed by the arresting agency, dismissed, Nolle prossed or placed on the “dead docket.” Verdicts of not guilty may also be restricted.

 

There are some exceptions to the above rules. If those exceptions apply to your application we will explain why your application was not eligible for restriction.

3. Are Convictions eligible to be restricted?

A very narrow class of convictions may be restricted. We call these offenses Youthful Offender convictions. For arrests occurring after July 1^st2013 certain misdemeanor convictions that occurred before turning twenty-one (21) may be eligible for restriction. One requirement is that after your conviction you have not been charged with any other crime, (excluding minor traffic offenses) for five (5) years before the record may be restricted.

The following convictions do not qualify as a Youth Offender conviction:

• Serious Traffic Offenses including:
• Driving Under the Influence (DUI)
• Reckless Driving
• Aggressive Driving
• Fleeing/Attempting to Elude
• Serious Injury by Vehicle
• Vehicular Homicide
• Theft (excluding Shoplifting)
• Child Molestation
• Enticing a Child for Indecent Purposes
• Pimping
• Keeping a Place of Prostitution
• Pandering by Compulsion
• Masturbation for Hire
• Giving Massages in a Place used for Lewd Sexual Acts
• Sexual Battery
• Sexual Assault by Persons with Supervisory or Disciplinary Authority
• Sexual Exploitation of Children
• Electronically Furnishing Obscene Material to Minors
• Obscene Telephone Contact with a Minor
• Computer Pornography

4. May I have my entire criminal history restricted?

You must apply separately for each arrest.

5. If I can’t remember what happened in my case, may I still apply for restriction?

Please submit the application to the best of your ability. If we need further information we will contact you. You may also go to the Augusta Richmond County Clerk’s Office for assistance in determining your case disposition.

6. Can my record be restricted if I pled guilty Under the Conditional Discharge Act?

The Conditional Discharge Act (O.C.G.A. § 16-13-2) allows for drug offenders to plead guilty and if they successfully complete the sentence, the case is discharged without a conviction. These cases are eligible for record restriction.

7. Can I have my record restricted if I completed a drug court, mental health court or veterans court program?

Yes, cases that are discharged after successful completion of a drug court, mental health court or veterans court program are eligible for record restriction. To qualify for restriction, you must have no arrests, other than minor traffic offenses, within the last five (5) years.

8. Can I have my record restricted if the case was dismissed after I completed a pretrial intervention (PTI) or pretrial diversion program (PTD)?

Yes, charges dismissed after successfully completing a pretrial intervention or pretrial diversion program qualify for restriction.

9. Can I have my record restricted if the case was placed on the Dead Docket but the case has yet to be dismissed?

Dead Dockets which have sat dormant for at least twelve (12) months may be eligible for record restriction. If you are not sure of the Dead Docket status please submit the application and we will inform you if you qualify for record restriction.

10. Do I need an attorney to apply for restriction?

No, you do not need an attorney to obtain a restriction.

11. Is there a fee associated with the Record Restriction Summit?

The application and Record Restriction Summit are free.