Record Restriction

In some circumstances, Georgia law allows for a person’s previous arrests or crimes to be restricted (also referred to as expunged). A person’s criminal history can impact many areas of their life—from limiting employment opportunities to preventing housing eligibility. This law now gives people a second chance.

“While our primary focus is on ensuring public safety, we understand that second chances at success are extremely important. Through our Record Restriction Unit, we are creating second chances at the American Dream.”
- Solicitor Keith E. Gammage

Here is what you need to know to determine if your case can be restricted:

I. Jurisdiction must be in Fulton County and for misdemeanors

Your case must have been prosecuted by the Fulton County Solicitor’s Office either in State or Magistrate Court within Fulton County. This means that we cannot restrict any cases in another county (i.e., DeKalb, Cobb, etc.), so you would need to contact the prosecuting agency in that county. This also means that we cannot restrict any felony cases, so you would need to contact the District Attorney’s Office in that county.

Il. Circumstances Must be Eligible

If your case is within our jurisdiction, there are two ways that your criminal history can be eligible for restriction.

A. Not Guilty Resolutions
If your case ended with a not guilty resolution, then you are eligible for a restriction. These resolutions include:

• Dismissal or Nolle Prosequi
• Completion of Pretrial Diversion/Intervention
• Completion of an Accountability Court
• Not Guilty Verdict on All Counts

B. Guilty Resolutions
Under a new Georgia law, some misdemeanor convictions could be eligible for restriction. Your conviction could qualify if:

• You were convicted of an eligible misdemeanor offense; and
• You have completed the terms of your sentence; and
• You have not been convicted of any crime in any jurisdiction for at least four years, excluding a non-serious traffic offense; and
• You have no pending charges.
  

If you are unsure whether your case qualifies or cannot remember some of the case information, this should not hold you back from applying for a restriction. Our Restorative Justice Team is trained to review your criminal history and determine how the law applies to your situation. Contact Restrictions.Solicitor@fultoncountyga.gov or 404-612-4827 to get started.

*The following misdemeanor convictions are not eligible: family violence cases, sexual offenses, serious traffic offenses (i.e., DUI, Reckless Driving, etc.), and most theft offenses (except shoplifting is eligible).