Georgia Record Restriction: First Offender Act and How to File

Here is the first thing to know about Georgia: the state does not have expungement in the way most people understand the word. Georgia calls its process record restriction. And the scope of what can be restricted is narrower than many states. If you were convicted of a felony in Georgia, you generally cannot restrict that record unless you were sentenced under the First Offender Act or received a pardon. Georgia's law is primarily designed for people whose cases ended without a conviction — arrests where charges were dropped, cases that were dismissed, and people who were acquitted. This guide explains who qualifies, what the process looks like, and what alternatives exist for people who do not.

Record restriction vs. expungement — what Georgia actually offers

In Georgia, record restriction means the arrest record is removed from the public-facing criminal history maintained by the Georgia Bureau of Investigation's Georgia Crime Information Center (GCIC). When a record is restricted, it will not appear on the background checks that employers, landlords, and most other entities run. You can legally state that you were not arrested for that offense on most applications.

However, the record is not destroyed. Law enforcement agencies retain access to restricted records. The GBI database still contains the information — it is simply flagged as restricted and hidden from public queries.

Georgia does not offer true expungement (record destruction) for most cases. The practical effect of restriction is similar to what other states call sealing — your record is hidden from public view, but it continues to exist in the system.

Who qualifies — and who does not

Georgia's record restriction is focused on non-conviction records. If your case ended without a conviction, you generally qualify. If you were convicted, your options are much more limited and depend heavily on how you were sentenced.

The First Offender Act — Georgia's key pathway

The First Offender Act is the most important law in Georgia for people with conviction records. Under O.C.G.A. 42-8-60, if you plead guilty or are found guilty of a qualifying offense for the first time, the judge can sentence you under the First Offender Act instead of entering a conviction. You serve your sentence — probation, jail time, community service, whatever the judge orders — and if you complete it successfully, no conviction is entered on your record. The charge is restricted automatically.

This is genuinely powerful. First Offender treatment means you technically do not have a conviction, even though you were found guilty. When employers or landlords run a background check, the charge should not appear.

However, there are important limits. First Offender treatment is not available for serious violent felonies, DUI, serious sexual offenses, crimes against law enforcement, or child pornography and sexual exploitation offenses. And if you violate your sentence — fail a drug test, miss a probation meeting, get arrested for a new offense — the court can revoke First Offender status and enter a conviction on your record.

Retroactive First Offender — a second chance at a second chance

If you were eligible for First Offender treatment at the time you were sentenced but were not sentenced under it — perhaps your attorney did not bring it up, or you did not know it existed — Georgia law provides a way to apply retroactively.

Under O.C.G.A. 42-8-66, you can petition the sentencing court to be resentenced under the First Offender Act. This requires:

• You must have been eligible for First Offender at the time of sentencing
• The prosecutor must consent to the filing of the petition
• The judge must agree to grant retroactive First Offender status

If granted, your conviction is vacated and replaced with First Offender treatment. Once you have completed (or already completed) your sentence, the charge is restricted. This is a real pathway that many people do not know exists.

The application process

Georgia's record restriction process is different from most states. In many states, you petition the court. In Georgia, for most non-conviction restrictions, you apply through the arresting agency — the police department or sheriff's office that arrested you. The application then goes to the prosecutor and finally to the GBI.

For arrests after July 1, 2013, many restrictions happen automatically when the case is closed without a conviction. The prosecuting agency is required to notify the GBI, and the GBI restricts the record. If your arrest was after this date and your case was dismissed, check your GCIC record — it may already be restricted.

Timing and waiting periods

What about felony convictions without First Offender?

This is where Georgia law is genuinely restrictive. If you were convicted of a felony in Georgia and you were not sentenced under the First Offender Act, the primary pathway to clearing your record is a pardon from the Georgia State Board of Pardons and Paroles.

A pardon does not erase the conviction from your record, but it is a formal act of forgiveness from the state. More importantly for record restriction purposes, once you have a pardon, you may then apply for restriction of the underlying arrest record under O.C.G.A. 35-3-37. The pardon effectively unlocks the restriction pathway that is otherwise unavailable for felony convictions.

The pardon process takes time — typically 6 months to 2 years. You apply through the State Board of Pardons and Paroles at pap.georgia.gov. There is no guarantee of approval. The Board considers the nature of the offense, your criminal history, your conduct since the conviction, and the interests of justice. Having steady employment, community involvement, and letters of support strengthens your application.

What record restriction does — and what it does not

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The first step is to get your GCIC criminal history from the GBI so you know exactly what is on your record. If your arrest was after July 2013 and your case was dismissed, it may already be restricted. If it is not, or if you have older records that need attention, the GBI website at gbi.georgia.gov has the application forms and instructions.

Georgia's law is more limited than many states, but the pathways that do exist — non-conviction restriction, First Offender Act, retroactive First Offender, and the pardon process — are real and meaningful for the people who qualify. The options guide can help you figure out where you stand.