How to Expunge Your Criminal Record in Georgia Without a Lawyer (2026 Guide)

Savage Lex Team · 2026-07-22

How to Expunge Your Criminal Record in Georgia Without a Lawyer (2026 Guide)

Georgia doesn't call it "expungement." The state uses a different term — record restriction — and the rules are specific. If you've ever been arrested in Georgia and the charges didn't stick, or you completed a first offender program, this guide covers what you can actually do about your criminal record.

Short version: Georgia allows record restriction for certain arrest records under O.C.G.A. § 35-3-37. Convictions generally cannot be restricted, with limited exceptions for qualifying misdemeanor convictions and pardoned felonies. As of July 1, 2026, new rules under HB 162 change how First Offender records are handled.

This guide walks through the full process: eligibility, waiting periods, forms, fees, and what to expect at each step.

Georgia record restriction vs. expungement: what's the difference?

In most states, people say "expunge" when they mean clearing a criminal record. Georgia law uses record restriction instead. The practical difference matters:

If someone runs a background check on you, a restricted arrest will not show up. But if you apply for a government job, law enforcement position, or certain professional licenses, you may still need to disclose it.

Who qualifies for record restriction in Georgia?

Eligibility depends on what happened after your arrest. Here's the breakdown:

| Disposition | Eligible? | Waiting Period |

|-------------|-----------|----------------|

| Arrest — no charges filed | Yes | 2 years from arrest date |

| Charges dismissed or nolle prossed | Yes | May petition immediately |

| Acquitted at trial | Yes | No waiting period |

| Completed pre-trial diversion | Yes | After successful completion |

| Misdemeanor conviction (SB 288) | Yes (limited) | 4 years after sentence completion |

| Pardoned felony | Yes (limited) | After pardon granted |

| Any other conviction | No | N/A |

The key point: if you were arrested but never convicted, you likely qualify. If you were convicted, your options are much narrower.

How the process works: step by step

The process differs depending on when your arrest occurred and what type of record you're trying to restrict.

Arrests after July 1, 2013

This is the more common scenario. For arrests on or after July 1, 2013:

You do not need to go through the arresting agency first. Go straight to the prosecutor. This is the part most people get wrong, and it wastes weeks.

Arrests before July 1, 2013

For older arrests, the process is different:

Fees for pre-2013 arrests are capped at $50.00.

Misdemeanor conviction restriction (SB 288)

Georgia changed the law in 2021 to allow restriction of certain misdemeanor convictions. This is a court process, not an administrative one:

You must meet all of these conditions:

First Offender records — HB 162 (effective July 1, 2026)

Georgia's First Offender Act lets first-time felony offenders avoid a permanent conviction record if they complete probation without issues. HB 162, effective July 1, 2026, updates how these records are sealed.

Under the new rules:

If you completed a First Offender sentence, check with the Georgia Justice Project (gjp.org) for the latest forms. The law changed recently enough that many courthouses are still updating their procedures. I'd call ahead before showing up with paperwork.

What it costs

| Fee | Amount |

|-----|--------|

| GBI/GCIC processing fee | Approximately $30-$50 |

| Local clerk filing fees | Varies by county |

| Certified disposition copies | Varies by county |

| Arresting agency processing (pre-2013) | Up to $50.00 |

There is no statewide filing fee set by statute for SB 288 petitions, so court costs vary. Call the clerk's office in the county where your conviction occurred to get the exact amount before you file.

What happens after your record is restricted

Once the GCIC applies the restriction:

The record is hidden, not erased. That distinction matters for certain applications.

Common mistakes people make

Assuming "dismissed" means the record is gone. A dismissed charge still shows up on background checks until you go through the record restriction process. The dismissal is the disposition. Restriction is a separate step that most people never take.

Contacting the wrong agency. For post-2013 arrests, go to the prosecutor, not the police. For pre-2013 arrests, start with the arresting agency. People waste weeks bouncing between offices because they start at the wrong place.

Missing the 30-day appeal window. The prosecutor has 90 days to respond. If they deny the request, you can appeal to Superior Court within 30 days. Miss that window and you lose the right to appeal.

Not getting certified copies. You need certified disposition records, not regular copies. The clerk's office can provide these for a fee.

Thinking convictions are automatically cleared. Georgia does not expunge convictions in most cases. The SB 288 misdemeanor petition process and the First Offender pathway under HB 162 are narrow exceptions.

Resources

Frequently asked questions

Can I expunge a felony conviction in Georgia?

Georgia does not allow expungement of felony convictions. The only limited exceptions are for pardoned felonies (which can be restricted, not expunged) and certain First Offender cases under the new HB 162 rules. For most felony convictions, there is no mechanism to clear the record under current Georgia law.

How long does record restriction take?

For non-conviction records, the prosecutor has 90 days to decide after you submit your request. Once approved, the GCIC typically processes the restriction within 2-3 weeks. For misdemeanor conviction petitions, the court must schedule a hearing within 90 days if the prosecutor requests one.

Does record restriction show up on FBI background checks?

Georgia record restriction only affects Georgia state records in the GCIC database. It does not affect federal records or records maintained by other states. If the arrest was also entered into the FBI's national database, you would need to pursue separate relief at the federal level.

Can an employer ask about a restricted record?

Employers conducting standard background checks through authorized channels will not see restricted records. However, certain government employers and licensing boards may still have access. If asked on an application whether you have ever been arrested, Georgia law may still require disclosure for specific positions.

What if my record restriction request is denied?

You can appeal the denial to the Superior Court in the county where the arrest occurred. You must file within 30 days of the denial. The court will hold a hearing and can order the restriction if it finds the harm to you clearly outweighs the public interest.

Do I need a lawyer to file for record restriction?

You can handle non-conviction record restriction on your own. The process is largely administrative, especially for post-2013 arrests. For SB 288 misdemeanor petition cases or if your request was denied, consulting a lawyer is worth considering, though it's not required.

This guide is for educational purposes only and does not constitute legal advice. Laws and procedures change. Georgia's record restriction rules are governed by O.C.G.A. § 35-3-37. For advice about your specific situation, consult an attorney licensed in Georgia.