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Expungement & Record Restriction

FIND OUT IF YOU ARE ELIGIBLE FOR AN EXPUNGEMENT

About The Firm

RECORD RESTRICTION IN COBB COUNTY, GA

We all make mistakes. But when you’re charged with a crime, it can feel like your life has turned upside down. Our team represents those in Cobb, Bartow, Cherokee, Fulton, Paulding, and Douglas Counties.

And even if your case has been dismissed or you plead guilty as a first-time offender, that charge can follow you around for the rest of your life. You could face barriers to employment, education, and even housing.

Luckily, there is a process to prohibit public access to the specific criminal records regarding your case. Known as expungement in some places, Georgia law refers to this process as record restriction.

RECORD RESTRICTIONS / EXPUNGEMENTS IN GEORGIA

Getting your record restricted in Georgia is the same thing as getting it expunged. Because the term “expunged” suggests that your record would be completely removed or destroyed, Georgia changed the term in 2013. However, nothing about the process changed.

Record restriction simply means that you can get the records on your official criminal history report restricted from public view. In this case, they’ll only be accessible to law enforcement for criminal justice purposes. Unfortunately, this process does not happen automatically, and records can only be restricted if you and your situation qualify.

In August of 2020, Georgia Governor Brian Kemp expanded access to restriction and sealing of convictions in Georgia, allowing people the opportunity to restrict certain convictions after a period of time. The new law allows an individual to petition the court to restrict and seal up to two misdemeanor convictions from their record and almost any offense that has been pardoned from their criminal history.

It’s important to note that you can’t have your entire criminal history restricted. Instead, you’ll need to apply for each eligible arrest to be restricted individually.

How To Know If You Qualify For A Record Restriction

THERE ARE THREE MAIN CATEGORIES THAT ALLOW FOR RECORD RESTRICTION IN GEORGIA:

YOUTHFUL OFFENDERS

With some exceptions (serious traffic offenses, child molestation, etc.), certain misdemeanor charges that occur before the offender turns 21 are eligible for restriction. There are certain elements that you and your case must meet to qualify, however. These include:

  • You must have successfully completed your sentence
  • In the five years prior to your request, you cannot have been charged with an offense (other than minor traffic offenses)

 

NON-CONVICTIONS

Cases that do not result in a conviction almost always qualify for restriction. This can include:

  • Cases that are closed by law enforcement
  • Cases that are dismissed
  • Cases placed on the “dead docket” (postponed indefinitely)
  • Cases not presented to a grand jury
  • Cases that are found “not guilty”
  • Convictions that are reversed

Again, however, there are some exceptions, including:

  • If you plead guilty to another charge in the same case
  • The prosecution in your case was not able to present evidence against you
  • The prosecution in your case convinces the court not to restrict your charges
  • Your case involved jury tampering or judicial misconduct
  • You had immunity

FELONY CHARGES, BUT CONVICTED OF UNRELATED MISDEMEANOR

Courts consider restricting your record if you were charged with a felony but not convicted, and instead convicted of some other, unrelated misdemeanor. If you were convicted of a lesser offense related to the felony charge, however, your case does not qualify for restriction.

     

    Charges That Can And Cannot Be Restricted

    Generally speaking, most misdemeanor offenses can be restricted if the petitioner meets all the requirements stated above. Felony charges are more complicated, and you must first obtain a pardon before you file your petition for restriction. It might be simpler to discuss charges that cannot be restricted in Georgia law. These include:

    MISDEMEANORS:

    • Sex crimes against children / by people with supervisory authority
    • Pimping and pandering
    • Crimes against minors
    • Sexual battery
    • Peeping tom crimes
    • Family violence battery convictions (unless the offender was under 21)
    • Child molestation
    • Public indecency
    • Obstructing or hindering persons making emergency telephone call
    • Certain theft cases
    • Certain DUI cases

    FELONIES:

    • Murder
    • Armed robbery
    • Kidnapping
    • Rape and statutory
    • Child molestation and aggravated child molestation
    • Sodomy and aggravated sodomy
    • Aggravated sexual battery
    • Aggravated assault with the intent to rape
    • False imprisonment
    • Enticing a child for indecent purposes
    • Sexual assault against persons in custody
    • Incest
    • Sexual exploitation of children

    Our Priority:

    DISCOVERING YOUR STORY

    Contact Our Team Of Record Restriction Lawyers

    Not sure if your case qualifies for restriction? Did your case happen a long time ago and you need help finding the details? Our seasoned legal team is ready and willing to help you do the work to discover if you’re eligible for record restriction and help you get your record clean. 

    Call our Marietta office at 770-268-3755 or use the online contact form.

    Tell Us About Your Case

    MOST SITUATIONS AREN’T BLACK AND WHITE. WE’LL LISTEN TO YOUR STORY AND HELP YOU FIND THE BEST POSSIBLE OUTCOME FOR YOUR CASE.
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    What Our Clients Are Saying About Us

    Tag Sawick
    Tag Sawick
    2024-05-02
    Frye Law Group is incredible. Someone is there to answer any questions you have and clearly communicate options. They give constant updates and help every step along the way.
    LoryAnn Carrasco
    LoryAnn Carrasco
    2024-05-02
    I love this Law Group, you can trust their work and words. They will do everything in their power to help you win your case, better yet even dismiss it if can. They also work on my husband’s case and even tho they set a date they got it settled way before the date they give, that’s how fast they work. Truly a fast honest working group. I thank them for their awesome work. Definitely recommend.
    Dylan G
    Dylan G
    2024-04-25
    These are the people who you want to represent you!! Kim, Michael, Brittani, Sophia, etc. thank you all so much for your dedication to your work and caring for others. This was my second case with Kim as my lawyer and she got both of them dismissed (I only went to court ONE time for two cases and didn’t say a word to the judge). This firm is truly amazing at what they do and I can’t thank them enough. If I could rate 6 stars, I would.
    Renzo Rivera
    Renzo Rivera
    2024-04-23
    This is now the second time in my life I’ve found myself in need of legal counsel, and of course it’s the second time I called upon the Frye Law Group to represent me. If you ever find yourself on the wrong side of the law, trust that Kim and her team will do everything in their power to help you get the best possible outcome to your situation!
    shannon stewart
    shannon stewart
    2024-03-07
    Michael and the Frye law firm did a great job with representing me. They made sure to keep me informed on everything that was going on and did there absolute best to get me the best outcome. Having them represent me was definitely worth the money spent!!!!
    Carl Frinzi
    Carl Frinzi
    2024-03-06
    I could not be happier with the services provided by Frye Law Group. From start to finish, her team was communicative, professional, and diligent in resolving my case. They were honest about the potential outcome's and eventually got the resolution I was looking for. I would definitely recommend them.
    Andy Parsons
    Andy Parsons
    2024-03-05
    Beth is great
    YG Fresh
    YG Fresh
    2024-02-09
    Absolutely the BEST. 100% worth the money. Case dismissed which the felony off my record within me being incarcerated in 9 days. I got the call shortly after a bond hearing and was released the same day. Highly recommend if you want a winner!