It sounds like what your inquiring about is an "Expungement" rather than sealing of records. Expungement in Georgia is governed by OCGA 35-3-37. Get a copy of this statute and read it carefully. Expungement can be a long and drawn out process, but try these steps:
STEP 1: Get a copy of your GCIC criminal record. You can probably walk into your local police department and pay a small fee, show ID, and they will print it for you. Sandy Springs Georgia charges $25.00 for instance.
STEP 2 : If the GCIC shows you were arrested but not convicted, you may be able to expunge it. You do not have a right to expungement, it is more of a favor. O.C.G.A. § 35-3-37 (d) lays out when it can be granted. If:
1. No criminal charges are pending; and
2. No other convictions within the last 5 years .
What types of records can be expunged in Georgia? :
A. No Indictment was filed because:
1. Arrested and released without the offense being prosecuted, or
2. The prosecutor dismissed the charges without seeking an indictment..
B. An Indictment was filed, but:
1. The charges were “nolle prossed,”
2. The charges were dead docketed, or
3. The charges were dismissed.
Keep in mind the statute lists the other reasons why it won't be expunged such as a plea deal, pre-trial diversion, so read it.
Finally, remember that First Offender and Nolo Contendere please cannot be expunged:
Step 3: How to Get your Georgia Record Expunged:
You must approach the agency that arrested you (Fulton County Sheriffs, Atlanta police department, etc) and they will give you the forms you need to fill out. You need to know the name of the arresting department, date of the arrest and the offense. (thus the reason for getting the GCIC report. The department sends the papers to the district attorney or solicitor and it is up to them to decide whether you meet the criteria for expungement.
If the prosecutor decides to approve your request they will notify the GCIC. Within several months, GCIC will expunge your arrest record.
If the prosecuting attorney denies your request, you can file a lawsuit in the Superior Court of the county where the arresting police department is located. However, the lawsuit must be filed within thirty (30) days of receiving the denial. And, seeking a writ of mandamus is an expensive and complicated course of action so be sure to hire a good lawyer at that phase.
if you were convicted you will not be able to get the record sealed. You may want to consider applying for a pardon. Feel free to contact me should you need assistance in this matter. With regards,
P. Darrell Kimbrell