Record Restriction

Record restriction (or expungement) 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. Certain criminal history records can be restricted for non-criminal justice purposes including applying for employment or getting licenses.

O.C.G.A. §35-3-37 provides for the restriction of certain criminal history records for non-criminal justice purposes when approved by the prosecuting attorney.

Requesting a Record Restriction Process

• For arrests before July 1, 2013, you are required to apply for restriction at the arresting agency. Click to download the form

• For felony arrests that occurred after July 1, 2013, in Gwinnett County, submit the online form and attach a photocopy of your government-issued identification. Complete Application Online or Download Application and email it to DARR@gwinnettcounty.com.
• Please contact us at 770-557-8337 with any questions.

• Para arrestos por delitos mayores que tuvieron lugar en el Condado de Gwinnett, después del 1 de julio, 2013, complete la solicitud en línea aquí .
  O baje la solicitud aquí y mándela por correo electrónico a DARR@gwinnettcounty.com.

Visit us again closer to our tentative schedule on Saturdays to set an appointment for our Restorative Rights Summit to have your record restricted if you are eligible:

• January 29, 2022 and June 25, 2022
• January 28, 2023 and June 24, 2023
• January 27, 2024 and June 29, 2024

Georgia law only allows record restriction in limited and specific situations:

Generally, cases that are closed without conviction qualify for restriction. This includes charges that are closed by the arresting agency, dismissed, nolle prosequi/nolle prossed, placed on the “dead docket,” and those not presented to the grand jury or twice no billed by the grand jury. Verdicts of not guilty and vacated/reversed convictions are also eligible for restriction.

An individual is eligible to have his or her record restricted if the prosecuting attorney determines that: the offense was not referred to the prosecuting attorney for prosecution; the prosecuting attorney dismisses the charge without seeking an indictment or filing an accusation; no other criminal charges are pending; and the individual has not been previously convicted of the same or a similar offense.

The following are Non-Conviction Exceptions.

• You pled guilty to another charge in the case;
• You were involved in a pattern of criminal activity prosecuted in another jurisdiction;
• The prosecution could not use important evidence against you (evidence was suppressed);
• A material witness refused to testify or was unavailable;
• An individual was incarcerated on other criminal charges and the prosecuting attorney elected not to prosecute; or
• You had some form of immunity.

1. You were acquitted, but within ten (10) days of the verdict, the prosecution convinces the court not to restrict, or it is later determined there was jury tampering or judicial misconduct.

 II. Youthful Offenders

Certain misdemeanor convictions that occurred before you turned twenty-one (21) years old qualify for restriction. To qualify, you must have successfully completed your sentence, and in the five (5) years before you request restriction, you cannot have been charged with any offense, other than minor traffic offenses.
The following are Youthful Offender Exceptions.

• Serious Traffic Offenses including: Driving Under the Influence (DUI); Reckless Driving; Aggressive Driving; Fleeing/Attempting to Elude; Serious Injury by Vehicle; Vehicular Homicide;
• Theft (does not include Shoplifting);
• Child Molestation; Enticing a Child for Indecent Purposes;
• Pimping; Keeping a Place of Prostitution; Pandering by Compulsion; Masturbation for Hire; Giving Massages in a Place used for Lewd Sexual Acts;
• Sexual Battery; Sexual Assault by Persons with Supervisory or Disciplinary Authority;
• Sexual Exploitation of Children; Electronically Furnishing Obscene Material to Minors; Obscene Telephone Contact with a Minor; or
• Computer Pornography

You may be able to have a felony charge restricted if it was closed without conviction, and you were only convicted of an unrelated misdemeanor offense in that case. The court will determine whether restriction is appropriate considering the harm the record is causing you (i.e., difficulty getting a job, housing, license, etc.). You are not eligible for restriction if you were convicted of a lesser included offense of the felony charge.

Under the Conditional Discharge Act (O.C.G.A § 16-13-2) certain first-time drug offenders can plead guilty, but if they successfully complete their sentence, they are discharged without conviction.
Beginning on July 1, 2013, those individuals who have been discharged under the Conditional Discharge Act qualify for record restriction. If you were arrested and sentenced under the Conditional Discharge Act before July 1, 2013, you must complete an application for restriction. If you are arrested and sentenced after July 1, 2013, your charges are restricted upon successful completion of your sentence as soon as the appropriate disposition is entered by the clerk of court or prosecutor.

If you are arrested after July 1, 2013, and successfully complete a drug court or mental health court treatment program, the charges handled in that court will be restricted five (5) years after you complete the program. To qualify you must have no arrests within that five (5) year period, other than minor traffic offenses. You or your attorney should make sure the clerk of court or prosecutor enters the restriction into the GCIC database after the five (5) years have elapsed.

If you successfully completed a drug court or mental health court program before July 1, 2013, you need to apply for restriction with the arresting agency. To qualify you must have no arrests, other than minor traffic offenses, within the last five (5) years.

Charges dismissed after you successfully complete a pretrial intervention/diversion program qualify for restriction.

If the court placed your case on the dead docket at the time you were ordered to complete a PTI/PTD program you will need to file an action in superior court for restriction.

Placing a case on the “dead docket” means the prosecution suspends the case indefinitely. The case can be reinstated any time by the court. The case, therefore, is still pending while on the dead docket and some employers may not hire you for this reason. If your case was placed on the dead docket and the state has not moved forward with prosecution after twelve (12) months, you can ask the court to restrict the record.

For more information please review these Frequently Asked Questions. 
Submit the Application to: DARR@gwinnettcounty.com

Para información sobre la restricción de acceso a antecedentes penales, haga clic aquí .

Para preguntas frecuentes, haga clic aquí .