by Editorial TeamRecord Restriction (Expungement) In Georgia
For many people convicted of an offense, that information can follow them for the rest of their lives. However, there are some instances where a criminal offense can be made unavailable for the public to view, which can help people who have been convicted of a crime still find gainful employment and other opportunities.
What is Record Restriction (Expungement)?
In the state of Georgia, record restriction means that eligible records on your official criminal history report will be restricted from public view and are only accessible to law enforcement, and only then for criminal justice purposes.
Before 2013, record restriction was referred to as expungement. However, that implied that the records were destroyed or deleted, which was never the case. On July 1st, 2013, Georgia changed the law to refer to the process as a record restriction. The actual procedure itself is entirely unchanged, and this law has modified only the name.
Can My Record Be Restricted Automatically?
Under the new law that Georgia has created, if your arrest is not referred for prosecution, it will be restricted from your Georgia Crime Information Center (GCIC) criminal history record automatically with different timeframes dependent on the crimes. This restriction happens after two years for misdemeanors, four years for most felonies, and seven years for severe violent and sex-related felonies.
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This automatic law process can apply to arrests before and after July 1st, 2013. However, if a record is automatically restricted, and later a disposition is entered that does not qualify for restriction, the law requires that your record be “unrestricted” by the GCIC.
Applying For Record Restriction
If you intend to apply for your record to be restricted, several aspects need to be considered. Some record restriction details are as follows:
- Georgia law does not allow for the restriction of an entire criminal history all at once. You must apply separately for the record restriction of each eligible arrest.
- If you have forgotten the details of a past case, the case’s outcome, referred to as the “final disposition,” is filed in the clerk’s office of the court in which your case was handled.
- If you have been denied restriction before July 1st, 2013, you can get your application to be reconsidered under the new law’s criteria. If your application was rejected previously and the charge(s) now qualify under the new law, you should reapply.
Record restriction can be an extremely beneficial process if you are eligible for it. However, keep in mind that every person has a unique circumstance and that these broad guidelines do not cover every possible scenario.
Suppose you are interested in getting your record restricted, and you believe that you qualify for doing so. In that case, it is worth speaking with an attorney who will be able to give you information that pertains precisely to your situation. Taking the time to prepare accordingly will provide you with the most excellent chance of success and lead you to a more secure future.
