How Long Does a Criminal Charge Stay on Your Record in Georgia?

A criminal record is one of the quietest ways an old case keeps costing you long after the case has closed. Employers, landlords, and licensing boards run background checks, and an arrest that was dismissed years ago still shows up next to convictions unless someone takes the specific steps Georgia law requires.

How long does a criminal charge stay on your record in Georgia? It is a question with a hard answer: forever, unless you or an attorney takes action.

Georgia handles this differently than most states. The rules on eligibility are narrow, some routes require an application while others are meant to happen automatically, and the terms Georgia uses do not match what most people expect. This guide walks through the timeline, the mechanism, and the eligibility rules so you may see where your case fits.

What the Law Says

• A Georgia arrest or conviction stays on your criminal history permanently unless it is restricted under O.C.G.A. § 35-3-37 or sealed by court order.
• For arrests on or after July 1, 2013 that ended without a conviction, restriction is meant to be automatic, but many records still appear on background checks because the paperwork was never processed correctly.
• Most Georgia felony convictions do not qualify for record restriction, though a pardon from the State Board of Pardons and Paroles or retroactive First Offender treatment may open a narrow path.

How Long a Georgia Criminal Charge Stays on Your Record

A Georgia criminal charge, whether it led to a conviction or not, enters your criminal history at the Georgia Crime Information Center (GCIC) the moment you are arrested and fingerprinted. Nothing about that entry expires on its own. Ten years later, twenty years later, the arrest still lives in the system unless you have gone through the process to restrict or seal it.

That means several categories of Georgia cases may follow you indefinitely:

• Arrests that never resulted in charges being filed
• Cases the prosecutor dismissed, nolle prossed, or dead-docketed
• Not-guilty verdicts after trial
• Misdemeanor convictions
• Felony convictions
• First Offender or Conditional Discharge cases where you completed the program

The consequences depend on which category your case falls into. An arrest that never became a conviction is legally different from a guilty verdict, but a standard background check does not always show that distinction unless the record has been properly restricted.

Why Georgia Uses “Record Restriction” Instead of Expungement

Georgia does not use the word expungement as a formal legal process. The mechanism sits in O.C.G.A. § 35-3-37 and is called record restriction. The difference is not just terminology. It changes what actually happens to your record.

• Record restriction limits who is allowed to see the arrest and case information
• The physical record still exists inside the criminal justice system
• Law enforcement agencies, courts, and criminal justice employers keep access
• Most private employers, landlords, and licensing boards should not see the restricted portion
• A separate court order to seal the record adds another layer of protection

If you have heard someone talk about “getting an arrest expunged in Georgia,” what they usually mean is having it restricted under § 35-3-37. There is no separate expungement statute for criminal records in Georgia. Any lawyer, website, or service that uses the word expungement should still be applying the rules of record restriction underneath.

Georgia Record Restriction Eligibility: The Categories That Qualify

Georgia record restriction eligibility depends on how the case ended and, in some cases, when it happened. The core rule is that non-conviction outcomes are usually eligible and conviction outcomes usually are not, but the details matter and the exceptions are where cases turn.

Categories that generally qualify for record restriction include:

• Arrests that never resulted in the filing of formal charges within the statutory time limits
• Cases dismissed by the prosecutor or nolle prossed
• Cases resulting in acquittal at trial
• Successful completion of a pretrial diversion program
• Successful completion of Conditional Discharge under O.C.G.A. § 16-13-2 for a first-time drug possession offense
• Successful completion of a First Offender sentence under O.C.G.A. § 42-8-60
• Certain misdemeanor convictions after a four-year waiting period, with exclusions
• Convictions vacated or reversed on appeal and not retried within two years

Categories that generally do not qualify include:

• Felony convictions, unless pardoned or covered by a specific exception
• Serious violent offenses under O.C.G.A. § 17-10-6.1
• Sexual offenses subject to registration requirements
• Family violence misdemeanors and certain DUI-related convictions

The exclusions on misdemeanors are wider than most people expect. Someone who assumed they qualified after the four-year wait may discover the specific statute they were convicted under is on the excluded list. That determination should be made before you spend the filing fees, not after.

What Changed on July 1, 2013

Georgia’s record restriction system split into two tracks in 2013, and the date of your arrest decides which track applies.

For arrests on or after July 1, 2013:

• Restriction of non-conviction cases is meant to happen automatically once the disposition is entered
• The clerk of court and the prosecutor’s office update the Georgia Crime Information Center
• No application is required for these dismissed or acquitted cases
• If the record is still visible on a background check, that usually points to a paperwork problem rather than an eligibility question

For arrests before July 1, 2013:

• You must file an application at the arresting agency
• The Georgia Bureau of Investigation publishes the form and instructions
• The prosecuting attorney reviews the application and decides whether to approve it
• Older records often carry additional documentation requirements

The 2013 change was intended to lift the burden of paperwork from people whose cases had already ended without conviction. In practice, records still slip through, and many people learn that a “restricted” arrest is showing up on a background check only after it costs them a job or an apartment.

Record Restriction After a Dismissal, Acquittal, or First Offender Discharge

The path to restriction depends on the exact outcome of the case. Each ends in the same place, a record that private employers and background check services should not see, but the process to get there is different.

• Dismissed or nolle prossed cases are generally eligible for restriction; for arrests after July 1, 2013, this should be automatic, but confirming that the record is actually restricted is worth doing.
• Not-guilty verdicts carry the same treatment as dismissals for restriction purposes.
• Successful First Offender completion under O.C.G.A. § 42-8-60 results in the case being discharged without an adjudication of guilt, which then supports restriction.
• Successful Conditional Discharge under O.C.G.A. § 16-13-2 for first-time drug possession leads to dismissal of the charges and eligibility for restriction.
• Convictions later vacated or reversed may qualify if the case was not retried within two years.

If your outcome does not match one of these categories, restriction is not off the table entirely. It may just require a different route, including a pardon petition or retroactive First Offender treatment under O.C.G.A. § 42-8-66.

Sealing a Criminal Record in Georgia: A Separate Step

Restricting a Georgia record and sealing it are two different actions. Restriction blocks private access to the record at the state background check level. Sealing goes further and closes off the underlying court file.

Under O.C.G.A. § 35-3-37(m)(2), a court may order sealing of a restricted record if the harm to the individual outweighs the public’s need for the information. The standard is the same one that applies to First Offender records that are sealed at sentencing.

The step-by-step framework typically looks like this:

• Confirm the case is eligible for record restriction
• Verify restriction has actually been applied at GCIC
• File a petition or motion to seal the underlying court file
• Serve notice on the prosecutor’s office
• Attend a hearing where the judge weighs the harm to you against the public interest
• Obtain the sealing order and confirm distribution to the relevant agencies

A restricted-but-unsealed record still exists in the court file and may be found by anyone who knows to look there. For someone whose main concern is a job or licensing background check, restriction alone often solves the problem. For someone dealing with journalists, online record aggregators, or public records requests, sealing is the further step worth pursuing.

Retroactive First Offender Treatment: A Second Chance for Older Convictions

Retroactive First Offender treatment under O.C.G.A. § 42-8-66 allows a Georgia court to grant First Offender status after the fact for someone who was eligible at the time of sentencing but never received it. If the court grants the petition, the conviction is discharged and the record may then be restricted.

The court considers several factors:

• Whether you were eligible for First Offender treatment when originally sentenced
• Whether you successfully completed the sentence imposed at the time
• The nature and circumstances of the original offense
• The harm of keeping the conviction on your record measured against the public’s interest in it

This route is narrow, but for someone who served their sentence years ago and never got the First Offender break they were entitled to, it is one of the more meaningful tools in Georgia’s post-conviction toolbox.

Frequently Asked Questions About Georgia Criminal Records

Does a restricted arrest still show up on a background check in Georgia?

A properly restricted Georgia arrest should not appear on standard private-employer background checks pulled through GCIC. Criminal justice agencies, judicial officials, and employers in criminal justice fields keep access. If a restricted record is still appearing on a background check, that usually points to a paperwork problem, a third-party data source that has not updated, or an issue with how the restriction was entered.

How much does a Georgia record restriction cost?

Costs vary by county and by the type of application. The Georgia Bureau of Investigation charges a processing fee for handling the request, and clerk of court filing fees may apply if a court petition is involved. Attorney fees are separate. For dismissed cases on or after July 1, 2013, no application fee is required because the restriction is meant to be automatic. Cost only becomes a factor when court action is needed to fix a record the system missed.

Can a Georgia DUI conviction be restricted from your record?

A Georgia DUI conviction is generally not eligible for record restriction, whether it was charged as a misdemeanor or a felony. Certain related driving offenses, such as driving without a license, may fall into different eligibility categories depending on how they were resolved. Every case is different, and eligibility should be reviewed against the specific statute of conviction.

What is the difference between record restriction and expungement in Georgia?

Georgia does not use expungement as a formal process. Record restriction under O.C.G.A. § 35-3-37 is the mechanism the state actually uses. Restriction limits public access to the record but does not destroy it. Some other states use the word expungement to describe a similar process, and in casual conversation the terms are often used interchangeably, but the Georgia statute uses restriction.

How long does it take to restrict a Georgia criminal record?

Timelines vary. An automatic restriction on a post-July 2013 dismissal may be updated in weeks, though many people discover months later that it never processed. An application-based restriction for an older case, or a court petition for sealing, generally takes several months from filing to final order. County backlogs and prosecutor response times drive most of the variation.

Where to Turn About a Georgia Criminal Record

Our attorneys at Hines Law Firm serve clients across our seven Georgia offices in Atlanta, Austell, Dalton, Fayetteville, Gainesville, Marietta, and Norcross, and we take calls in English and Spanish. If you were arrested, charged, or convicted in Georgia and you want to know what shows on a background check and what your options are, reach out to an Atlanta Criminal Defense Lawyer or a Georgia Criminal Defense Lawyer at our firm through our contact page for a free consultation.

This article is general information about Georgia law, not legal advice for your specific case.