Records Restriction

Georgia Criminal History Record Restriction allows certain criminal records to be sealed from public view, preventing them from appearing on background checks for employment, housing, or licensing. However, the records remain accessible to law enforcement and judicial officials.

Key points about record restriction in Georgia:

• Eligibility: Arrests that did not result in a conviction or certain misdemeanors may qualify.
• Process:

• If the arrest occurred before July 1, 2013, you must apply through the arresting agency.
• If the arrest occurred on or after July 1, 2013, you must contact the prosecuting attorney's office or fill out the form below and send it to ajcdainfo@libertycountyga.com

• Automatic Restrictions: Some records may be restricted automatically after a set period if no prosecution occurred.
• Fees: Agencies may charge up to $50 to process the request, plus additional fees for state database updates.

You can find more details on the Georgia Bureau of Investigation website or Georgia.gov.

Time-Expired Restrictions Pursuant to O.C.G.A. § 35-3-37(h)(1)(A)(ii)

O.C.G.A. § 35-3-37 (h)(1)(A)(ii) directs the Georgia Crime Information Center (GCIC) torestrict access to criminal history records when there is no final disposition provided to GCICafter certain time periods. Specifically, it states:

(h) Access to an individual's criminal history record information, including anyfingerprints or photographs of the individual taken in conjunction with the arrest,shall be restricted by the center for the following types of dispositions:

(ii) The center does not receive notice from the arresting law enforcement agencythat the offense has been referred to the prosecuting attorney or transferred toanother law enforcement or prosecutorial agency of this state, any other state or aforeign nation, or any political subdivision thereof for prosecution and thefollowing period of time has elapsed from the date of the arrest of suchindividual:

(I) If the offense is a misdemeanor or a misdemeanor of a high and aggravatednature, two years;

(II) If the offense is a felony, other than a serious violent felony or a felony sexualoffense specified in Code Section 17-3-2.1 involving a victim under 16 years ofage, four years; or

(III) If the offense is a serious violent felony or a felony sexual offense specifiedin Code Section 17-3-2.1 involving a victim under 16 years of age, seven years.

Such restricted records are known as “time-expired restrictions” because the restriction occurs after the stated time period has elapsed where no disposition has been received by GCIC as required by law.

Time-Expired Restrictions and Georgia Criminal History Background Checks

In accordance with Georgia law, GCIC will restrict access to these records without dispositions for purposes of employment and licensing (noncriminal justice purposes) in the State of Georgia. Consequently, when a criminal history record check is done via fingerprints or a name-based query in the State of Georgia, the arrest will not appear on the criminal history record.

Time-Expired Restrictions and Out-of-State Criminal History Background Checks

Georgia is also a member of the Compact Council. The National Crime Prevention and Privacy Compact Act of 1998 established an infrastructure by which states can exchange criminal records for noncriminal justice purposes according to the laws of the requesting state and provide reciprocity among the states to share records without charging each other for the information. In 1999, Georgia became a member of the Compact Council when the General Assembly enacted O.C.G.A. § 35-3-39.1. As a member of the Compact Council, Georgia agrees to provide criminal history record information for noncriminal justice purposes in accordance with theCompact Council Provisions. Specifically, Georgia law requires GCIC to provide the following:

The center shall provide criminal history records, excluding sealed records, to criminal justice agencies and other governmental and nongovernmental agencies for noncriminal justice purposes as required by the compact.

O.C.G.A. § 35-3-39.1.

The Georgia Attorney General has determined in a memorandum dated August 20, 2013 that time-expired restrictions do not meet the definition of sealed records under federal law. Accordingly, GCIC will provide time-expired criminal history records to the Federal Bureau of Investigation or other states for employment and licensing (noncriminal justice purposes).

Prior to seeking employment or licensing, individuals who have arrest records that meet the
requirements for record restriction stated in O.C.G.A. § 35-3-37 (h)(1)(A)(i), O.C.G.A. § 35-3-
37 (h)(2) and O.C.G.A. § 35-3-37(j) may want to seek restriction in accordance with the
statutory provisions. Records that are restricted in accordance with these provisions will not be
provided to the Federal Bureau of Investigation or other states for noncriminal justice purposes.

If you have additional questions regarding the Time Expired Restrictions please contact the GCIC CCH/Identification Services Helpdesk at gacriminalhistory@gbi.state.ga.us.

If the arrest occurred before July 1, 2013 click this link

If the arrest occurred on or after July 1, 2013 click the link that is in the attachment

Attachment