Georgia technically does NOT use “expungement” the way most people think.
Instead, the law uses something called “record restriction” (plus “record sealing” and pardons).
Here’s how it all works in plain English.
🔹 1. “Expungement” in Georgia = Record Restriction
The main law is O.C.G.A. § 35-3-37.
What it actually does
- Hides your record from the public (employers, landlords, etc.)
- Still visible to law enforcement and courts
- Often paired with court sealing to fully remove public access
👉 Think of it as “sealed from view,” not erased.
🔹 2. What CAN be cleared (restricted/sealed)
✅ A. Non-convictions (most common)
You can usually clear cases that ended in:
- Dismissal
- Not guilty / acquittal
- Nolle prosequi (prosecutor dropped case)
These are the easiest and most common to restrict.
✅ B. Some misdemeanor convictions (newer law)
Under recent reforms (like SB 288 / Second Chance law):
- You can restrict up to 2 misdemeanor convictions
- Must wait typically 4 years after completing sentence
- No new charges/convictions during that time
⚠️ C. Felony convictions (limited paths)
Felonies are much harder, but possible in certain situations:
- Pardon + restriction
- Get a pardon first, then petition to seal
- First Offender Act (retroactive)
- If you should have qualified originally
- Trafficking survivor cases
- Can vacate or seal convictions
🚫 Many serious felonies (violent crimes, sex offenses) are not eligible.
🔹 3. How the process works
For arrests AFTER July 1, 2013:
- Apply directly with the prosecutor’s office
For arrests BEFORE July 1, 2013:
- Start with the arresting agency, then prosecutor
- Prosecutor decides within ~90 days
- Fee usually up to ~$50
🔹 4. Record Sealing (extra step)
Even after restriction:
- You can petition a court to seal the record completely
- Judge weighs:
- Your harm vs. public interest
🔹 5. Pardons in Georgia
Who grants them?
The Georgia State Board of Pardons and Paroles (not the governor).
What a pardon does
- Official forgiveness
- Restores civil rights (like voting, sometimes firearms)
- Does NOT erase the conviction
👉 But important:
- A pardon can unlock eligibility to seal/restrict a conviction afterward
🔹 6. Key takeaways (this is the part most people miss)
- Georgia = “record restriction,” not true expungement
- Non-convictions → easiest to clear
- Misdemeanors → limited (max 2, waiting period)
- Felonies → usually require a pardon first
- Pardons ≠ erasure, but can help you seal later
The State of Georgia has a board of pardons and paroles that handles all requests for clemency. The governor plays no direct role in these decisions. There is no time limit on applying for commutation of sentence, and no minimum amount of time served. For the pardons process, the requestor must wait a minimum of five years after sentence completion and break no laws during this time. Also there may not be any pending charges or fines that are incomplete.
There is no standardized application for clemency in the state of Georgia. Those requesting a pardon or a commutation of sentence must write to the board to request it.
The state has a full-time, five member board that handles both pardons and paroles. In order to grant a pardon, there must be a majority vote of three out of five members of the board. The hearings are not open to the public, but family members and supporters may send correspondence in favor of the requestor to the board. It may take several months for the decision to be sent to the pardon requestor.
All rights are restored upon completion of sentence.