📅 2026 Update: Changes in Georgia Expungement Laws

Since the original article was published, there have been important changes to Georgia's expungement laws. The 2026 legislative session resulted in new laws impacting probate court procedures and judicial security. These updates are relevant for anyone interested in the expungement process in Georgia.

The earlier article continues further down the page. Here are the key changes that matter most for expungement laws in Georgia.

🏛️ New Legislation Passed

In 2026, the Georgia General Assembly passed several laws that affect legal processes. HB 530 now allows electronic filing in probate court. This change aims to make procedures more efficient and accessible.

HR 251 established nonpartisan elections for probate court judges. This move seeks to ensure fairer judicial elections in the state.

📜 Updated Fees and Costs

For those seeking to restrict arrest records from before July 1, 2013, a processing fee may be charged by the arresting agency. This fee cannot exceed $50. This is an important financial consideration for applicants as they prepare their requests.

📝 Application Changes

The "Request to Restrict Arrest Record" form remains essential for applicants. It has three sections that must be filled out by the applicant, the arresting agency, and the prosecutor. Each form can only include one date of arrest, although multiple charges can be listed.

This structure helps streamline the application process.

⏰ Processing Times

Once the prosecutor approves a request for record restriction, the arresting agency will enter the appropriate code into the Georgia Crime Information Center. They will notify the applicant when the process is complete. This ensures transparency in how long applicants can expect to wait for updates.

📌 Key Points to Remember

  • 🏛️ New laws passed in 2026 improve court procedures.
  • 💰 A processing fee for record restriction cannot exceed $50.
  • 📝 The application form has three specific sections.
  • ⏰ Processing times depend on prosecutor approval and agency notification.
  • 📜 Understanding eligibility is vital for successful applications.

💡 Tips for Handling Expungement Requests

Reviewing your unique situation with an attorney can clarify your options for expungement.

📝 Understand Eligibility

Make sure you meet the eligibility criteria for record restriction under O.C.G.A. §35-3-37. This law allows certain criminal history records to be restricted for non-criminal justice purposes, pending prosecutor approval.

📅 Keep Track of Deadlines

If your arrest occurred before July 1, 2013, be aware that you must apply for record restriction at the arresting agency. Missing this deadline could delay your request.

💵 Budget for Fees

Be prepared for any potential fees when applying for record restriction. The arresting agency may charge a processing fee, which is capped at $50.

📑 Complete All Sections

When filling out the "Request to Restrict Arrest Record" form, ensure all sections are completed accurately. Each part requires specific information from the applicant, arresting agency, and prosecutor.

📞 Use Available Resources

They can provide valuable support and information throughout the process of record restriction.

❓ Frequently Asked Questions

❓ What types of records can be restricted?

Certain criminal history records can be restricted for non-criminal justice purposes, pending prosecutor approval. This includes specific misdemeanors and felonies that meet eligibility requirements.

📅 How long does the record restriction process take?

The processing time can vary based on how quickly the prosecutor approves the request. After approval, the arresting agency will notify the applicant upon completion.

💰 Are there any costs associated with applying for record restriction?

Yes, the arresting agency may charge a processing fee for record restriction applications. This fee cannot exceed $50 for arrests prior to July 1, 2013.

📝 Do I need an attorney to apply for record restriction?

While it is not required to have an attorney, consulting one can provide valuable insights and guidance throughout the application process.

📜 Can I apply for record restriction more than once?

You can apply for record restriction for different arrests, but each application must be submitted separately. Each form can only include one date of arrest, though multiple charges are allowed.

🔒 What if my request for record restriction is denied?

If your request is denied, you may inquire about the reasons for denial and consider reapplying once you address those issues. Seeking legal assistance may also help improve your chances in future applications.

⚖️ Recent Cases Related to Expungement

Recent court rulings have clarified aspects of Georgia's expungement laws and procedures. These cases are important for individuals seeking to understand their rights regarding criminal record restrictions.

Explore more recent rulings in the news section for additional insights into this area. Check out more rulings on the news page.

End of October 2026 Update





Expungement is a court-ordered process in which the legal record of an arrest or a criminal conviction is "sealed" or erased in the eyes of the law. This process may also be called sealing or setting aside a criminal conviction. Expungment laws exist in every state, but the requirements may vary. The law enables past offenders to have their criminal records kept private so that it is not easily viewed.

By law, Georgia defines expungement as the process of legally destroying, obliterating, or striking out records and information on files, computers, or anything else relating to criminal charges. The records then cannot be accessed for general law enforcement or civil use. The records are destroyed, which includes fingerprint cards, photographs, and documents relating exclusively to the person and incident. Any material which cannot be physically destroyed or which the prosecuting attorney determines must be preserved for Constitutional reasons would be restricted to them only and would not be subject to disclosure to any person.

Georgia permits expungement only when criminal charges against the applicant have been resolved without conviction and the applicant has not been convicted of another crime in the past five years. Expungement is also granted if the applicant has a juvenile record, but not judged delinquent. The State of Georgia does not allow expungement to persons whose charges were noloed, dead-docketed, or dismissed because of a plea agreement resulting in conviction. You would also be ineligible if the conduct which resulted in the arrest was part of a pattern of criminal activity prosecuted in another court.

Georgia Expungement Laws

In the case of a person who was arrested but not convicted, they can make a written request for expungement to the original agency having jurisdiction in their case. Once a written request is received, it is forwarded to the proper, prosecuting attorney. The prosecuting attorney will then review the request to determine if it meets the criteria for expungement.

If the requirements are met, the prosecuting attorney will review the records of the arrest to determine if any of the material must be preserved in order to protect the Constitutional rights of the accused. If an agency declines to expunge the arrest record , the individual may file an action in the Superior Court where the agency is located.

Where suitable, having your records expunged should be considered and pursued. Carrying the burden of a record can limit a person’s potential for advancement in daily life. Having a record can force others to prejudge you based on your past and nothing else. It can limit your potential and possibilities for furthering your career, applying for a loan, or even with finding suitable housing.

Having your case expunged gives you back the confidence you need and ensures a peace of mind. In many cases it is looked at as having a clean slate. No one wants to walk around with the mistakes of their past as a constant reminder. Especially when there is a convenient way to make these mistakes disappear.