Expungement Attorney in Atlanta

Georgia Record Restriction Help From Attorneys Who Know Both Sides

In Georgia, the legal process most people call expungement is formally known as record restriction. A restricted record isn’t destroyed. It’s hidden from the background checks that employers, landlords, and licensing boards run, while law enforcement and certain government agencies retain access. For Atlanta residents carrying an old arrest or conviction, that distinction matters. Founded in 1985, Weintraub and Alper Legal represents clients in criminal matters throughout Atlanta and across Georgia, and we guide people through the record-restriction process to help restore their privacy and open doors that a public record may have been closing.

Why Criminal Defense Experience Matters for Record Restriction

Pursuing record restriction isn’t a paperwork exercise. Eligibility turns on how your case was resolved, what charges were involved, and how much time has passed since your sentence ended. Those are the same questions a defense attorney works through from day one. Lead attorney Howard Jarrett Weintraub spent three years as a federal prosecutor with the U.S. Department of Justice and seven years as an Assistant United States Attorney in the Northern District of Georgia before moving to the defense side. That prosecutorial background shapes how we evaluate cases, including which records may be candidates for restriction and how to approach the office or court handling the request. Our attorneys bring more than 50 years of combined experience defending state and federal charges.

Arrests Without a Conviction: Dismissals, Acquittals & Nolle Prosequi

Cases that end in dismissal, acquittal, or nolle prosequi (a formal decision by the prosecutor not to proceed) are generally eligible for record restriction. The process depends on when the arrest occurred.

For arrests before July 1, 2013, you must apply directly with the arresting agency and pay any applicable processing fee. For arrests on or after July 1, 2013, no separate application is required. Once the disposition is entered, the prosecuting attorney’s office reviews eligibility and has up to 90 days to approve or deny restriction. Eligible cases are generally restricted automatically once that determination is recorded in the state database.

Georgia’s Second Chance Law: Restricting Misdemeanor Convictions

Georgia’s Second Chance Law (SB 288), effective January 1, 2021, extended record restriction to certain misdemeanor convictions for the first time. Under O.C.G.A. § 35-3-37, an individual may petition the court to restrict and seal up to two qualifying misdemeanor convictions.

Eligibility generally requires waiting four years after completing the full sentence, with no new convictions and no pending charges during that period. The court must hold any requested hearing within 90 days of the petition being filed and may grant restriction if the harm to the individual clearly outweighs the public interest in keeping the record accessible.

SB 288 excludes the following offense categories from eligibility:

• Sex crimes
• Family violence offenses
• Crimes against children
• DUI convictions

Felony Convictions & Offenses That Cannot Be Restricted

A felony conviction isn’t automatically ineligible, but the path is significantly longer. Before a felony conviction can qualify for record restriction, the person must first receive a pardon from the Georgia State Board of Pardons and Paroles. Pardon applications generally require five years of law-abiding conduct after completing the sentence. Even with a pardon, serious violent felonies and sexual offenses generally remain ineligible for restriction.

Certain offenses are categorically excluded regardless of conviction type. DUI convictions can’t be restricted in Georgia, and serious traffic offenses, including reckless driving and vehicular homicide, are also generally excluded. These exclusions apply even when everything else about the case looks favorable, which is why confirming your specific offense type is a necessary first step before pursuing any petition.

Atlanta & Fulton County: How Record Restriction Is Filed Locally

For Atlanta-area residents whose cases were prosecuted in Fulton County State or Magistrate Court, misdemeanor record restriction requests go through the Fulton County Solicitor-General’s Office, which handles misdemeanor violations of Georgia statutes and county ordinances. That office processes restriction requests tied to cases it prosecuted. Cases from other counties require contacting the District Attorney’s Office where the case was heard, and felony petitions are filed in Superior Court.

Once a petition or application is approved, the Georgia Crime Information Center (GCIC), the statewide criminal history database maintained by the Georgia Bureau of Investigation (GBI), applies the restriction to the record. After that point, the restricted record no longer appears in standard background checks.

The Record Restriction Process, Step by Step

Knowing where to start is often the hardest part. The general process looks like this:

• Request your criminal history report. A GCIC report confirms what’s on your record and provides the exact information needed to assess eligibility.
• Confirm eligibility. Offense type, disposition, and time elapsed all affect whether your case qualifies and which process applies.
• Submit the application or file the petition. Depending on the case, this means submitting a Record Restriction Application to the arresting agency or filing a petition with the court that handled the conviction.
• Await a decision. For arrests on or after July 1, 2013, the prosecuting attorney’s office generally has 90 days to approve or deny the request. Second Chance Law petitions require a court hearing within the same window.

Talk to an Atlanta Expungement Lawyer About Your Record

Eligibility for record restriction depends on details that aren’t always obvious from the charge name alone: the exact disposition, the sentence you completed, the date of the arrest, and the specific statute involved. Many people assume their record can’t be cleared without ever confirming that with someone who knows Georgia law.