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Those who have felony convictions in Georgia might question their ability to erase their criminal records, which can enable them to start anew. Many ask, “Can I get a felony expunged in Georgia?” While Georgia doesn’t offer true expungement, where records are erased, certain felony records can be restricted (sealed from public view) if specific conditions are met.

These changes reflect the state’s growing recognition of rehabilitation and second chances. Learning about how these laws function, alongside their qualification requirements and application procedures, provides critical advantages for accessing better employment and educational opportunities, restoring one’s reputation, and securing housing.

What Is Expungement vs. Record Restriction in Georgia?

Georgia does not apply a traditional definition to the legal term “expungement.” The state system utilizes record restriction to reduce public access to specified criminal records. Under this system, the charge remains active but becomes invisible to the majority of background checks.

The option of record restriction applies exclusively to certain convictions and excludes others from eligibility. Felony convictions present greater challenges for restriction compared to arrests or dismissed charges, but restriction can still be achieved in certain situations.

Which Felony Convictions Can Be Restricted?

Georgia’s Senate Bill 288 amended O.C.G.A. § 35-3-37, which created opportunities for second chances by expanding record restrictions for certain felony convictions. It allows pardoned felonies (excluding violent or sexual offenses) to be sealed and introduced retroactive first offender status for qualifying cases. These changes help Georgians access better jobs, housing, and education by hiding eligible records from public background checks.

You can restrict qualifying felony convictions after completing your sentence and, typically, obtaining a pardon five years later. Violent crimes (like murder or armed or bank robbery), sex crimes (like rape), and serious theft or drug trafficking charges don’t qualify, but many non-violent felonies do.

Forgery, drug crimes like drug manufacturing and possession, organised crimes, and financial crimes like fraud may be eligible, especially with a pardon or first offender status. Since eligibility varies, consult an attorney to confirm whether your offense qualifies.

How Many Convictions Can Be Restricted in Georgia?

Georgia permits eligible individuals to seal a maximum of two convictions from their public records. When separate counts of multiple offenses are consolidated for trial, they count as one conviction for this purpose. It is possible to petition for two individual convictions, but multiple convictions resulting from one court case count as a single conviction.

After finishing their sentence and probation period, individuals must wait four years before meeting eligibility criteria. During this time, they must also maintain a clean record with no new convictions or pending charges. Eligible applicants can experience substantial improvements in their access to employment opportunities, housing, and educational possibilities through this temporary program.

What Is the Process to Request a Felony Record Restriction?

Individuals seeking restrictions on felony convictions in Georgia need to submit a petition to the court that issued their conviction. The procedure requires the petitioner to inform the prosecuting attorney and show eligibility under O.C.G.A. § 35-3-37.

Judges may need to hold a hearing to evaluate several elements, including rehabilitation progress, public safety risks, and the details of the initial crime. The official record will remain but become concealed from most background check searches upon approval. The legal process is complex, and people usually achieve better results with professional assistance.

Can a Felony Record Still Affect My Life If Restricted?

Certain government agencies can maintain visibility of restricted felony convictions for future sentencing purposes. Restricted records remain viewable in future criminal proceedings, while licensing boards maintain access rights. The process of record restriction greatly limits public access, thus increasing employment and housing opportunities.

Record restriction does not fully eliminate your past records, but it helps establish a clearer route to reconstruct your future with reduced barriers. This legal option stands as the most powerful solution provided by Georgia legislation in numerous situations.

FAQs

Q: What Felonies Are Not Eligible for Record Restriction?

A: Georgia law excludes violent felonies and serious offenses, such as sex crimes and drug trafficking, from eligibility for record restriction. Most offenses that endanger public safety or require the victim’s involvement do not qualify for exclusion. Non-violent offenses, such as select financial or drug possession crimes, can become eligible for record restriction when all state law requirements are fulfilled.

Q: How Long Do I Have to Wait to Apply?

A: A felony conviction record restriction application requires a four-year waiting period after completing one’s sentence, which covers probation terms. You must avoid any new arrests or pending charges throughout this four-year waiting period. The waiting period allows the court to conduct an evaluation of your rehabilitation before deciding on record restriction eligibility.

Q: Can I Restrict More Than One Felony?

A: Under Georgia law, people can restrict up to two felony convictions, provided each conviction results from distinct court proceedings. Each eligibility requirement, including maintaining a four-year period without any criminal activity, must be met. When multiple charges arise from the same incident, they merge into a single case, so those charges cannot be counted separately for the two permitted restrictions.

Q: Does Record Restriction Remove My Conviction Completely?

A: No. The process of record restriction keeps your conviction active but prevents it from being visible to the public. Law enforcement agencies, the courts, and specific licensing boards retain access to these records, even after restrictions are implemented. Currently, employers, landlords, and schools will not see convictions on background checks, which allows individuals to improve their chances of progressing in life.

Contact The Law Office of Lawrence J. Zimmerman

To successfully restrict a felony conviction in Georgia, you must fully comprehend the legal requirements for doing so and execute the appropriate legal procedures. Recent changes to Georgia’s record restriction laws present fresh opportunities for second chances, although they don’t apply to every offense.

Lawrence J. Zimmerman’s legal team has substantial experience in leading clients through the petition procedure and fighting for equitable results. A knowledgeable attorney can be crucial, regardless of whether you need to determine your eligibility or start the legal process.

Reach out to our firm immediately to explore your possibilities. You can move forward with clearing your record by booking a no-obligation consultation with our dedicated team.