If you’ve ever been arrested or convicted in Georgia, you know that a criminal record can follow you long after your case is closed—impacting job opportunities, housing, and even your reputation. Fortunately, Georgia law offers tools to help you take control of your past and move forward. Two key statutes, O.C.G.A. § 35-3-37 and O.C.G.A. § 42-8-66, provide pathways to restrict or even discharge your criminal history. As an experienced Georgia criminal law attorney, I’m here to break down what these laws mean for you and how we can help.
In Georgia, the term "expungement" is often misunderstood because the state doesn’t offer true expungement (complete destruction of records) in the traditional sense for most cases. Georgia had an expungement statute prior to 2013 but replaced it with the “Record Restriction” instead because what expungement meant even prior to 2013 was the the record would be restricted from non-government uses. Current Georgia law provides for record restriction under O.C.G.A. § 35-3-37, which limits public access to your criminal history records while keeping them available to law enforcement and certain other government and related agencies. Whether you can get your records restricted depends on the specifics of your case. Here’s what you need to know:
O.C.G.A. § 35-3-37: Restricting Your Criminal History Record
Georgia’s O.C.G.A. § 35-3-37 governs how individuals can review, correct, and restrict their criminal history records maintained by the Georgia Crime Information Center (GCIC) and other agencies. This law is a lifeline for those looking to limit who can see their past run-ins with the law.
- Review and Correct: You have the right to access your criminal history for a small fee (up to $15) and challenge any inaccuracies. If the record is wrong, incomplete, or misleading, you can request corrections from the agency holding it. If they don’t act within 60 days—or if you disagree with their decision—you can appeal to the court for a fresh review.
- Record Restriction: This is where the real relief comes in. “Restriction” means your record is hidden from public view and limited to law enforcement or judicial use. You might qualify automatically if:
- Charges were dropped or never prosecuted within certain timeframes (e.g., 2 years for misdemeanors, 4 for felonies).
- You were acquitted, or the case was dismissed, unless the prosecutor shows a strong public interest in keeping it open (e.g., suppressed evidence).
- You completed a drug, mental health, or veterans treatment program with dismissed charges.
- Petitioning for Restriction: Even if your case doesn’t qualify automatically, you can petition the court to restrict records in situations like:
- A felony charge was dismissed, but you were convicted of an unrelated misdemeanor.
- A conviction was vacated or reversed and not retried within 2 years.
- You’ve been crime-free for 4 years after a misdemeanor sentence (with some exclusions like violent or sexual offenses).
- You were a trafficking victim or received a pardon for a non-violent offense.
The process can involve hearings, evidence, and balancing your privacy against public interest. Having an attorney who knows the ins and outs of this statute can make all the difference in securing a favorable outcome.
O.C.G.A. § 42-8-66: Retroactive First Offender Status
What if you were eligible for Georgia’s First Offender Act at the time of your sentencing but didn’t get it? That’s where O.C.G.A. § 42-8-66 comes in. This law allows you to retroactively apply for First Offender status—potentially wiping your conviction clean.
- Who Qualifies?: You’re eligible if you pleaded guilty or were found guilty of a felony, met the First Offender criteria at the time (e.g., no prior felonies), but weren’t offered or granted that status. Serious violent felonies and sexual offenses are typically excluded.
- How It Works: You file a petition with the sentencing court, notifying the prosecutor. If they object, a hearing is held within 90 days. The court looks at:
- Your eligibility at the time of sentencing.
- Whether you completed your sentence successfully.
- The harm of keeping the conviction on your record versus the public’s interest in it.
- The Payoff: If granted, you’re retroactively treated as a First Offender. Once your sentence is deemed complete, the conviction is discharged—no adjudication of guilt—and your record can be restricted under § 35-3-37.
This is a game-changer for people who served their time years ago but never got the First Offender break they deserved. It’s a chance to rewrite your story.
Why You Need an Attorney
Both § 35-3-37 and § 42-8-66 involve navigating complex legal processes—petitions, hearings, prosecutorial objections, and judicial discretion. Mistakes can cost you time, money, and the relief you’re seeking. As your Georgia criminal law attorney, I can:
- Assess your eligibility for record restriction or retroactive First Offender status.
- Gather the evidence needed to prove your case, from completion of sentence terms to demonstrating rehabilitation.
- Advocate for you in court, ensuring your privacy and future are prioritized.
Take the First Step
A criminal record doesn’t have to define you. Whether it’s restricting an old arrest under § 35-3-37 or clearing a conviction with § 42-8-66, Georgia law offers hope—and I’m here to help you seize it. Contact our office today for a consultation. Let’s work together to put your past where it belongs: behind you.
Disclaimer
The information in this blog post is for general informational purposes only and should not be construed as legal advice. Please consult with an attorney to discuss your specific legal situation.