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Expungement / Record Restriction for Non-U.S. Citizens

There are now more opportunities to protect your record, and there are more positive changes to come.  O.C.G.A. § 35-3-37 provides for the restriction of certain criminal history records when approved by the prosecuting attorney. For arrests after July 1, 2013, there is no application process.

We must contact the courts, typically by filing a motion, to have your record restricted. For arrests prior to July 1, 2013, we are required to apply for restriction at the arresting agency.  It is important we carefully review your criminal history to see if record restriction is possible. You do not want negative information (including mugshot photos) released to the public, affecting your opportunity for greater success, if there is a legal process to restrict those records.

The laws on expungement (now called “Record Restriction”) have changed dramatically since July 1, 2013.

Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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