Record Restriction

Record restriction is a process that restricts eligible records on a person's official criminal history report from public view and makes them visible only to law enforcement for criminal justice purposes. Certain criminal history records can be restricted for non-criminal justice purposes including applying for employment or getting licenses.

An individual may have his or her record restricted if the prosecuting attorney determines that the type of case qualifies under Georgia law. The case qualifies if:

• The offense was not referred to the prosecuting attorney for prosecution;
• The prosecuting attorney dismisses the charge without seeking an indictment or filing an accusation;
• The applicant has a first offender / conditional discharge conviction that was not previously restricted; or
• The applicant has a conviction for certain misdemeanor offenses and meets restriction criteria.
  

If the type of case qualifies as an offense that could be restricted, the individual must also meet the following criteria:

• No other criminal charges are pending; and
  
• The individual has not been convicted of an offense within the specified time period after conviction.

The record will not be restricted if the charges were Nolle Prosequi, dead docketed, or otherwise dismissed because:

• Of a plea agreement resulting in a conviction for an offense arising out of the same underlying transaction;
• The government was barred from introducing material evidence;
• A material witness refused to testify or was unavailable;
• An individual was incarcerated on other criminal charges and the prosecuting attorney elected not to prosecute;
• The conduct was part of a pattern or criminal activity; or
• The individual had diplomatic or similar immunity.

Anyone arrested by the Fulton County Sheriff, Fulton County Police Department or any of the 15 cities in Fulton County is eligible for record restriction consideration. These police departments include: Alpharetta, Atlanta, Chattahoochee Hills, Clark Atlanta, College Park, East Point, Fairburn, GA State Patrol, GA State University, Hapeville, Johns Creek, MARTA, Milton, Morehouse, Palmetto, Roswell, Sandy Springs, Spelman, South Fulton, and Union City.

What do I need to start the process?

You must submit a completed application and a copy of your valid state issued picture identification to the Record Restrictions Unit. For an application package, please email: Restrictions.Solicitor@fultoncountyga.gov or call 404-612-4827.

Where can I get a certified copy of my final disposition?

You need to contact the clerk's office and provide your case number to locate a copy of your final disposition.
The State Court Clerk's Office is located at 185 Central A venue SW Atlanta GA 30303 and the contact number is 404-613-5085. The Magistrate Comi Clerk's Office is located at 136 Pryor Street SW, Atlanta, GA 30303, and the contact number is 404-613-5360.

If you were represented by an attorney, he/she may be able to assist you.

I applied and never received a response. Can I apply again?

Please contact Record Restrictions Unit at Restrictions.Solicitor@fultoncountyga.gov or call 404-612-4827. A team member will assist you with the status of your application and inform you whether you need to re-apply.

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. This service will be provided on site. You may fill out an application with our Record Restrictions Unit to inquire about sealing your record under O.C.G.A. § 35-3-37(m).

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 restricted?

If you have questions as to whether your misdemeanor conviction can be restricted, please contact our Record Restrictions Unit and complete an application so we can evaluate the specific circumstances of your case.

Generally, a misdemeanor conviction can be restricted if (1) the offense qualifies as a restrictable offense, (2) you successfully completed your sentence, (3) you have not been convicted of a crime within 4 years prior to filing the petition, and ( 4) if there are not pending charges. Additionally, there is a consideration into whether the hann to the individual clearly outweighs the public's interest in the infonnation being publically available.

If our office determines you do not qualify, we will refer you to the Georgia Justice Project who can advise you on your case and whether you can file a petition with the court. 

If my conviction is very old, can it be restricted?

Yes, if your convictions meet the criteria for restriction. 

What misdemeanor convictions are NOT eligible for restriction?

You misdemeanor conviction cannot be restricted if it was for any of the following offenses: family violence simple assault, family violence simple battery, family violence battery, family violence stalking, violating a family violence order, child molestation, enticing a child for indecent purposes, improper sexual contact, public indecency, keeping a place of prostitution, pimping, pandering, sexual battery, obstructing or hindering a 911 call, peeping tom, any offense related to minors, certain theft convictions in violation of Chapter 8, Title 16, and serious traffic offenses.

Where can I filed my restriction application?

Please submit your application to our Record Restrictions Unit. You can mail the application or drop it off in person at 136 Pryor Street SW, Suite J301, Atlanta GA 30303. You can also electronically submit the application to Restrictions.Solicitor@fultoncountyga.gov

My job has given me a deadline to get this completed. Can my application process be expedited.

You can contact the misdemeanor Restriction Unit at 404-612-4827 to inquire about expedited processing.

How can I find out if my application was received?

Please reach out to our Record Restrictions Unit at Restrictions.Solicitor@fultoncountyga.gov or call 404-612-4827. If you did not directly submit your application to our office, you should also contact the referring agency to see if the application has been forwarded to our office. Please find out the date the agency submitted the application to our office.

How can I find out if my application was approved?

Our office will contact you with the determination as to whether you case qualifies for restriction. Please allow a minimum for 30 days for processing. If you have any additional questions, you may contact the Record Restrictions Unit for an update on the status of your case.