Georgia-Record-Relief

In 2020, Georgia extended its law on administrative record restriction to make adult misdemeanor convictions and pardoned convictions eligible for administrative relief followed by sealing of court records, pursuant to a petition process after a short conviction-free waiting period with no pending charges. Certain misdemeanors and felonies involving “serious violence” and sexual offenses would not be eligible.  Under preexisting law, record restriction and sealing are also available on petition for first-time drug convictions and dispositions in “accountability courts.”  Administrative non-conviction records are automatically restricted, and court records may be sealed by petition. The court must find in each case that “the harm otherwise resulting to the privacy of the individual clearly outweighs the public interest.”  Felony charges dismissed pursuant to a plea to a misdemeanor may also be restricted after four years.  A discharge without adjudication after the completion of probation for first felony offenders “completely exonerates” the defendant, seals the court record, and prohibits use of the record to deny employment except in limited cases (e.g., working with vulnerable populations).  Juvenile records may be sealed upon petition to the court after a two-year waiting period and a finding of rehabilitation, and juvenile victims of human trafficking may petition for sealing of sex offenses related to the trafficking.