Georgia expungement of arrest records for first offender misdemeanor convictions?

Asked 9 months ago - Atlanta, GA

I understand that the "expungement" law in Georgia has recently changed. Can arrest records be expunged or sealed if they are associated with a "first offender" plea? First offender means the conviction can be sealed, but can the arrest records also now be sealed? I'm interested in an answer for misdemeanors. Further, does the law apply to convictions that happened prior to the law change? Thank you.

Attorney answers (3)

  1. Jessica Katherine Stern

    Contributor Level 8

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    Lawyer agrees

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    Answered . Unfortunately, I have to disagree with the previous answer slightly. While a plea under the conditional discharge statute (OCGA 16-13-2) was included in the new Record Restriction law (even if the date of offense was before law change), a traditional first offender sentence was not unfortunately.

  2. Daniel Ray Partain

    Contributor Level 13

    Answered . The change in the law changed the title from expungement to "Record Restriction." The link below will take you to the Georgia Justice Project's website, and it can give you the information that you need. Good luck to you.

    While I am a licensed attorney in the State of Georgia, I am not your attorney, even though I have answered your... more
  3. Elmer H. Young III

    Contributor Level 15

    Answered . Yes,yes and yes. The language you used isn't exact, but so far as the public is concerned, First offender treatment of an offense contemplates the removal from the GCIC, except for law enforcement, who will ALWAYS be able to see the history. Also do not expect the courts to make this happen automatically. Hire criminal defense attorney familiar with the procedure.

    I am an attorney, practicing throughout the state of Georgia, but primarily in the areas around Augusta,... more

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