O.C.G.A. § 35-3-37(d) (1) allows for the expungement of arrest charges by a local law enforcement agency when certain conditions are met (as outlined in this statute). If approved by appropriate prosecutor, the arrest cycle is sealed on the Georgia criminal history report by GCIC. Access to that arrest information is restricted to criminal justice agencies only.
The following are examples of final court dispositions that may qualify: Dismissed: Not Presented to Grand Jury: No Further Action Anticipated; Nolle Prossed/Prosequi; Dead Docket; or No Record on File. Dispositions of Guilty, Not Guilty, Nolo Contendre, and First Offender Act are not eligible. It is recommended that you review a copy of your criminal history, prior to submitting the Request to Expunge Record, to ensure that all charges have a final disposition listed and the disposition may qualify for expungement. If a disposition is missing or incorrect, please contact the appropriate court; the court may transmit the disposition on-line.
All applications must be approved or denied by the appropriate prosecutor.
To apply for the local record expungement, contact the arresting law enforcement agency to obtain an application for Request to Expunge Record. Also the Request to Expunge Record can be found on the GBI website, www.gbi.georgia.gov by selecting Publications and then selecting Georgia Criminal History Record Expungements or click on this link Georgia Criminal History Record Expungements. The Request to Expunge Record is a three-part form:
Section One - You will complete Section One and return to the arresting agency.
Section Two - Completed by the arresting agency that forwards the request to the appropriate prosecutor (District Attorney or Solicitor).
Section Three - Completed by the prosecutor who will approve or deny the request.
Once the prosecutor completes their portion, all three sections should be forwarded to GCIC with the $25.00 processing fee payable by certified check or money order.
Currently 6+ years as an assistant district attorney. This answer should not be construed as legal advice and does not create an attorney client relationship. The above answer could change based on varying circumstances and the laws of a specific jurisdiction.