A criminal conviction can follow you long after a case is closed. Even after completing a sentence, probation, or fines, a conviction may still appear on background checks and affect job opportunities, housing applications, professional licensing, and other parts of daily life. Many people assume expungement automatically removes a conviction, but Georgia law is more limited and specific.
At Wosnik Law, we explain how Georgia’s expungement laws apply to criminal convictions, what restrictions exist, and what options may be available under current law.
Understanding Expungement and Record Restriction in Georgia
Georgia no longer uses the term “expungement” in most situations. Instead, the law provides for record restriction, which limits public access to certain criminal records. When a record is restricted, it generally does not appear on standard background checks conducted by employers or landlords, though it may still be visible to law enforcement, prosecutors, and courts.
Record restriction does not erase or delete a criminal record. The case still exists, but access to it is limited under Georgia law. Whether record restriction is available depends on the type of offense, how the case ended, and when the conviction occurred.
Do Georgia’s Expungement Laws Apply to Criminal Convictions?
Georgia’s expungement laws are more restrictive when it comes to criminal convictions. In most cases, convictions are not automatically eligible for record restriction. However, there are limited situations where relief may be available, including:
- Certain misdemeanor convictions after a required waiting period
- Cases handled under Georgia’s First Offender Act
- Convictions that were later reversed, vacated, or dismissed on appeal
- Specific non-violent offenses that meet statutory requirements
Felony convictions and serious violent offenses are generally excluded. Because eligibility depends on multiple legal factors, reviewing the details of the case is critical before assuming record restriction is possible.
Waiting Periods and Eligibility Requirements
Georgia law imposes mandatory waiting periods before a conviction may qualify for record restriction. These waiting periods vary based on:
- Whether the conviction was a misdemeanor or felony
- The classification of the offense
- The date the conviction occurred
- Whether additional criminal charges were filed afterward
In many cases, the individual must also show that all sentencing requirements were completed, including probation, fines, and restitution. Even a small error in timing or eligibility can result in a denied request.
How Record Restriction Requests Are Filed
Requesting record restriction for a criminal conviction is a formal legal process. It often involves:
- Determining which version of Georgia law applies to the case
- Confirming eligibility based on offense type and timeline
- Submitting a request to the correct agency or court
- Paying applicable filing or processing fees
- Waiting for review and a decision
Older convictions may fall under prior versions of Georgia law, which can complicate eligibility and filing requirements.
Common Challenges With Criminal Conviction Records
People seeking record restriction for convictions often face challenges such as:
- Misunderstanding which offenses qualify
- Applying under the wrong statute
- Filing too early or missing required waiting periods
- Having multiple charges with different eligibility rules
Because Georgia’s expungement laws have changed several times, even similar cases may be treated differently depending on when they occurred.
Why Hiring a Lawyer About Expungement Matters
Georgia’s expungement and record restriction laws are detailed and fact-specific. Whether a criminal conviction qualifies often depends on the offense, the case outcome, the date of the conviction, and which version of the law applies. Many people are unsure where to start or which rules govern their records.
Speaking with a criminal defense lawyer can help clarify eligibility, identify applicable waiting periods, and avoid filing errors that may delay or prevent record restriction. This can be especially important for cases involving multiple charges, older convictions, or prior denials.
Contact Wosnik Law Today
If a criminal conviction is still appearing on background checks, understanding how Georgia’s expungement laws apply to your record may help you identify your options. Each case is different, and eligibility depends on specific legal factors.
Contact Wosnik Law to request a consultation and discuss your situation. You can call the office or complete the contact form on this page to learn more.