Record Restrictions/Expungement

O.C.G.A. §35-3-37 provides for the restriction of certain criminal history records for non-criminal justice purposes when approved by the prosecuting attorney.

• For arrests prior to July 1, 2013, the applicant is required to apply for restriction at the arresting agency. Arresting agencies may require a processing fee not to exceed $50.00 as authorized per §35-3-37.
• The REQUEST TO RESTRICT ARREST RECORD is a three section (page) form.
• Section One is completed by the applicant. Each request form may contain only one (1) Date of Arrest (there may be multiple charges for that arrest).
• Section Two is completed by the arresting agency. The entire form is forwarded to the prosecutor for approval/denial.
• Section Three is completed by the prosecutor. If approved, the prosecutor may enter the appropriate disposition restriction code using the GCIC CCH User Interface and notify the applicant that the restriction is complete. The arresting agency will receive a notification from GCIC that the record has been restricted. If the prosecutor enters the restriction in the CCH User Interface the application and fee should not be forwarded to GCIC.

• If the prosecutor does not have access to the CCH User Interface, the application may be returned to the arresting agency.
• The arresting agency should advise the applicant to forward the approved application to GCIC including the GCIC processing fee. Incomplete applications or those missing the required fee will not be processed and will be returned to the applicant. Do not forward the restriction application to GCIC if the request is denied by the prosecutor.
• Applicants may send the approved Request to Restrict Arrest Record form and $25.00 fee (money order or certified check payable to “Georgia Bureau of Investigation”) to: Georgia Crime Information Center Record Restrictions, P.O. Box 370808 Decatur, Georgia 30037-0808
• GCIC will send a letter to the street address listed on Page 1 of the application when the restriction has been applied to the Georgia criminal history.

For arrests occurring July 1, 2013 or later, there is no application process. The prosecutor may approve the restriction at the time of sentencing. If restriction is approved upon sentence completion, it should be noted in the sentencing documentation forwarded to the court.

When the restriction has been applied to the Georgia criminal history, access to that specific arrest cycle is restricted for non-criminal justice purposes (Employment/Licensing). However, such information may be available through other sources. GCIC has no control over information provided by local agencies or private vendors.