By Pierce Blitch & Will Dasher
Rebuilding your life after an arrest or conviction can feel like an uphill battle. In Georgia, your complete criminal history is often available to employers and licensing boards, no matter how old the charges are. However, options exist to help certain individuals keep their past from interfering with their future. If you’ve recently been arrested or want a second chance, Georgia’s record restriction and sealing laws might be the solution you need.
Record Restriction: A Clean Slate Under Georgia Law
Georgia’s Record Restriction law, O.C.G.A. § 35-3-37, offers a way to shield your arrest record from potential employers. You may qualify if:
- Your case was dismissed.
- The case was not presented to a grand jury.
- A grand jury twice declined to indict you (no-bill).
- You were tried and found not guilty on every charge.
If your arrest occurred after July 1, 2013, your record is automatically restricted once the case is dismissed or results in an acquittal. This means your Georgia criminal history report (GCIC) will not be available to employers or licensing boards. For arrests before this date, you must apply for restriction with the arresting agency if your case was dismissed or you were acquitted of all charges.
The Limits of Record Restriction
While record restriction limits what employers see on official GCIC reports, court records remain public in the clerk’s office. Many employers rely on private background check companies, which means restricted records can still appear online or in reports.
To prevent this, you must petition the court to seal your records. This additional step, authorized under O.C.G.A. § 35-3-37(m), can help protect your criminal history from being accessed by employers or posted on the internet.
Retroactive First Offender: A Second Chance for Past Convictions
Georgia’s Retroactive First Offender statute offers hope to individuals convicted in the past. To qualify, you must meet these criteria:
- You were eligible for First Offender treatment but were not informed about it.
- The prosecuting attorney consents to the retroactive designation.
If granted, this relief allows certain past convictions to be restricted, helping you overcome the hurdles created by old mistakes.
We’re Here to Help
Moving forward with your life can be difficult when an arrest or conviction lingers in your past. Whether you’re dealing with a recent arrest or trying to address old records, the laws in Georgia provide ways to clean your slate and protect your future.
CALL THE BLITCH LAW FIRM ATTORNEYS AT LAW TODAY TO DISCUSS YOUR CASE
We fight for you, and we don’t back down. Every criminal charge holds potentially life-altering consequences. We don’t hold back on providing our clients the best possible criminal defense available. Both attorneys at The Blitch Law Firm are former Assistant District Attorneys, so our unique insight on how the prosecution approaches cases equips us with the ability to see the case from all sides. If you, a family member, or a close friend faces criminal charges, contact The Blitch Law Firm today at 706-434-8770 or visit us at 7004 Evans Town Center Blvd., Third Floor, Evans, Georgia 30809 to discuss your unique case and our creative defense strategies with one of our experienced criminal defense attorneys.
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