Maybe. There are 3 ways to restrict and seal (expunge) a Georgia felony conviction.
Maybe. The same 3 remedies are available to restrict and seal (expunge) misdemeanor convictions.
Yes. You can restrict and seal most charges that did not result in a conviction (dismissal, nolle prosse, acquittal, etc.)
Maybe. You may be able to restrict and seal cases on the dead docket for more than 12 months.
Yes. Criminal history reports are frequently wrong and the procedure to fix it depends on the type of error.
Terms to Know
Term used in some states for record clearing. Georgia law does not use the word expungement because records are not destroyed, but access to the records is limited for employers, housing providers, and others (law enforcement maintains access).
Two-step process required in Georgia to limit public view of criminal history
There are two types of criminal history reports in Georgia:
A written request filed with the court asking the judge to take a specific action in a case (For example: a petition to seal the record of your case).
Certificate of forgiveness for a Georgia conviction issued by the State Board of Pardons and Paroles (usually felonies). A pardon does not clear your record, but may be the basis for restriction and sealing.
The First Offender Act in Georgia is a deferred adjudication statute, which means if you successfully complete your sentence you will not have a conviction and your record will be restricted on your GCIC report and may be sealed. It can be used only once, for either a misdemeanor or felony, and the judge must agree.
Case resolutions that do not result in a conviction. Common examples: charges that are dismissed/nolle prossed/acquitted, charges that are not
prosecuted, and charges that were not presented to the Grand Jury or were No Billed.
The disposition is the outcome of a case. The official final disposition is maintained by the clerk's office of the court in which your case was handled.
When no disposition is entered on your GCIC report, a restriction is
automatically entered after a certain period of time (Note: This is not a real restriction because the offense may still appear on private background checks and FBI background checks if not properly sealed).