Get INSTRUCTIONS FOR REQUEST TO RESTRICT (EXPUNGE) ARREST RECORD - Gbi Georgia

How Long Do You Have to Wait Before the Georgia Expungement Process? After misdemeanor convictions and completion of their sentence, individuals have to wait for four years before they can apply for expungement.

This step obviously makes the process more difficult, but a large amount of felony offenses are still available for expungement, excluding crimes such as murder, armed robbery, rape, child molestation, sexual exploitation of a minor, and more.

The GBI Record Restriction Application with directions can be downloaded here: https://gbi.georgia.gov/document/publication/request-restrict-arrest-record-instructions-and-request-form/download. Applicants should complete section one of the form and submit it to the arresting agency to begin the process.

The primary difference between a restriction and an expungement is that an expungement completely eliminates the public's access to your arrest and court record. Restriction of a criminal record only removes it from your official Georgia and federal criminal history report.

Record restriction is a process that restricts eligible records on a person's official criminal history report from public view and makes them visible only to law enforcement for criminal justice purposes.

The law allows you to restrict and seal up to 2 misdemeanor convictions, four years after you were convicted. There are some exceptions. Protections for employers are included. The new law provides significant liability protection for employers who engage in second chance hiring.

Under Section 35.3-37, not all criminal charges are eligible for restriction. As a general rule, felonies convictions are ineligible, including (but not limited to) convictions for child molestation, sexual assault, sexual battery, certain theft crimes, and certain serious traffic offenses.