Georgia's record-clearing process is called record restriction. Reasonable but selective — many offenses are eligible, but certain categories (violent, sex, DUI in some states) are usually excluded.
Published May 6, 2026
## Can I clear my criminal record in Georgia?
Most people who ever picked up a criminal charge — even one that didn't end in conviction — eventually want to know if they can clean it off their record. The answer in Georgia is: maybe, depending on the offense, the time that has passed, and the law.
### What Georgia calls the process
Record Restriction.
### What's typically eligible
Many misdemeanors and non-violent felonies under the Second Chance Act of 2020. Records are 'restricted' — invisible to private background checks but visible to law enforcement.
### Typical waiting period
4 years from completion for non-violent felony; less for misdemeanors.
### Posture
Reasonable but selective — many offenses are eligible, but certain categories (violent, sex, DUI in some states) are usually excluded.
## What's almost always EXCLUDED
Across nearly every state, the following categories are usually NOT eligible for expungement, sealing, or set-aside:
- Sex offenses (especially those requiring registry)
- Violent crimes against a person
- Crimes against children
- DUI/DWI in many states (in some states it's eligible, in others it's a permanent record)
- Federal convictions (state expungement laws don't reach federal court)
## Sealed vs expunged — what's the difference?
These terms get used interchangeably, but they're not the same:
- **Expungement** generally means the record is destroyed or rendered legally non-existent. You can usually answer "no" when asked about it on most applications.
- **Sealing** generally means the record is hidden from the public — including most employers — but still exists for law enforcement and certain government purposes.
- **Set-aside / vacate / annulment** vary by state but usually relieve civil disabilities (firearm rights, voting in some places) without destroying the record.
Read the statute, or have a lawyer read it for you, so you know which kind of relief you're getting.
## Why this is worth doing
A clean (or cleaner) record can:
- Open up jobs that run background checks
- Restore housing options
- Restore professional licenses
- Restore firearm rights (in some states)
- Restore voting rights (in some states with felon disenfranchisement)
- Help with custody and family court matters
## What you should do
Petitioning to clear a record requires forms, certified copies of the original case file, fees, and (in most states) notice to the prosecutor. Get it wrong and the petition gets denied — and you may have to wait a long time before you can refile. A Georgia expungement attorney can usually run an eligibility check quickly and tell you whether to proceed. Many offer flat-fee representation.
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*This guide is general information about Georgia law as of early 2026 and is not legal advice. Eligibility rules are detail-heavy and change often. Talk to a licensed Georgia criminal-defense attorney before petitioning.*
This guide is for general information only and does not constitute legal advice. Laws change and outcomes depend on your specific situation — talk to a licensed attorney before acting on anything you read here.