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.
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Georgia’s new law (effective July 1st, 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.
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.
A very narrow class of convictions may be restricted. We call these offenses Youthful Offender convictions. For arrests occurring after July 1st2013 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:
You must apply separately for each arrest.
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.
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.
Yes, charges dismissed after successfully completing a pretrial intervention or pretrial diversion program qualify for restriction.
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.
No, you do not need an attorney to obtain a restriction.
The application and Record Restriction Summit are free.