Record Restriction FAQs
1. What is Record Restriction?
Record restriction is a process that restricts eligible records on your official criminal history report from public view and makes them visible only to law enforcement for criminal justice purposes.
2. Who is eligible for Record Restriction?
If your case resulted with a non-guilty disposition, you may qualify for record restriction.
3. I was arrested in the city of Riverdale, am I still eligible?
Anyone arrested by the Clayton County Sheriff, Clayton County Police Department or any of the 9 cities in Clayton County is eligible for record restriction consideration.
4. What do I need to start the process?
You must have a completed application and a valid state issued picture identification.
5. Where can I get a certified copy of my final disposition?
Go the Clerk’s table and give them your case number. They may be able to find and print your disposition.
6. What if I have a First Offender or Conditional Discharge on my case?
First Offender and Conditional Discharge sentences are required to have an Order of discharge after all conditions have been successfully completed. First Offender cases are restricted automatically after the order is filed. Conditional Discharge cases are eligible for record restriction after completion.
7. Can I restrict more than one arrests?
Yes, you can add up to two arrests per application. Limit one application per person.
8. I have to leave and come back or cannot stay the whole day. Can I still apply?
You may complete the application and drop it off. Your application will be completed as a regular application.
9. If My Record Restriction is complete, can anyone else see my arrest?
Record restriction removes arrests from the Employment level searches on the official Georgia Criminal History provided by the GBI. However, the case paperwork remains open. In order to seal the court paperwork, a petition must be filed with one of our judges to have the court paperwork sealed.
10. If an employer asks if I have ever been arrested or convicted, do I have to say yes?
If the question is about an arrest, you do have to answer yes, if you were arrested. A case that has been restricted is not considered a conviction, so you may answer “no”, on conviction, if that case has been fully restricted
11. If I entered a plea or paid a fine on one charge, can my other charges that were filed on the same day and dismissed, be removed?
No. If you entered a plea or paid a fine on any charge, those charges cannot be expunged.
12. If my conviction is very old, can it be expunged?
No. The expungement process does not cover convictions, no matter the age.
13. Where should I file my expungement application?
Your misdemeanor expungement application can be filed with the Office of the Solicitor General.
14. How can I find out if my application was approved?
You will receive a copy of your application, disposition of your restriction, disposition of your sealing, and free legal counseling on site during the Record Restriction Forum.
15. What are my options if my application is not approved?
You will receive free legal counseling on site with options to ensure you are successful.
16. My application was denied due to not completing PTI, but I did and I have my PTI completion form. How can I rectify this?
If you were ordered to complete PTI and have your completion form but somehow did not submit it with your application, you can submit it to our office. Your application will then be reconsidered.
17. Once, and if, my application is approved, what is my next step?
You may request a letter of restriction, a public copy of your updated criminal history and a copy of the “Order to Seal Record” for your records.
18. My case was disposed of after July 1, 2013. Do I still have to apply for Record Restriction?
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 the restriction is approved upon sentence completion, it should be noted in the sentencing documentation forwarded to the court.