What Should I Know About My Criminal Record in Georgia?

If you live in Georgia, understanding your criminal record is important. Your criminal record can affect many parts of your life, from employment to housing, and even your civil rights. Knowing what is on your record, who can see it, and how you can clean it up can help you protect your future. 

What is on Your Criminal History Record in Georgia?

In Georgia, your criminal record is stored in the Georgia Crime Information Center (GCIC) if you have ever been fingerprinted during an arrest. This record is considered your official state criminal history. Law enforcement agencies, courts, and some public agencies use this record for their purposes. For example, some government programs may require a GCIC report to determine if you are eligible for benefits.

Your GCIC record includes several types of information:

• Personal Information: This includes your name, date of birth, Social Security number, sex, race, height, and weight.
• Arrest Data: The record shows which agency arrested you, the date of the arrest, and the charges filed.
• Prosecutor Information: The record includes which prosecutor’s office handled your case and the formal charges brought against you.
• Court Information: The record shows the disposition of your charges and any sentence you received.

It is important that your GCIC report is accurate. Errors in your record can affect your ability to get a job, rent housing, or participate in public programs. You can review your GCIC report and take steps to correct or restrict information that is incorrect or eligible for restriction.

Who Can See Your Criminal Record in Georgia?

Your criminal record is not private. Many people and organizations can access it under certain circumstances:

• Law Enforcement: Police and other law enforcement agencies can view your record for investigations and legal purposes.
• Courts: Courts use your criminal record in legal proceedings, such as sentencing or probation decisions.
• Employers and Housing Providers: Many employers and landlords require background checks before hiring or renting. Some may use GCIC directly, but most use private background check companies that pull information from public records.

Because private background checks can access public records beyond GCIC, it is important to take steps to seal or restrict records when possible. Doing so can prevent employers and housing providers from seeing certain offenses.

How Can You Control Who Sees Your Criminal Record?

While your criminal record is public to some extent, you do have options to control access to it:

1. Sealing Records: If you are eligible, you can seal certain records so that they are no longer accessible to the public.
2. Restricting Records: Some charges or convictions may be eligible to have their access restricted in the GCIC database.
3. Expunging Records: Expungement, also called restriction and sealing, can remove certain convictions from your public record entirely.

Sealing or expunging records can be particularly helpful if you want to apply for a job, rent an apartment, or pursue education without your past offenses appearing on a background check.

How Can You Clean Up Your Criminal Record in Georgia?

There are several ways you may be able to clean up your criminal record in Georgia, depending on the type of conviction or charge you have.

Cleaning Up Felony Convictions

Felony convictions are serious and have long-lasting effects. However, there are ways to restrict or seal them:

Retroactive First Offender (O.C.G.A § 42-8-66):

• Eligibility: If you would have qualified for First Offender treatment at the time of sentencing but did not, you may petition retroactively. The prosecutor must consent, and the judge must approve.
• Impact: If granted, your felony conviction is sealed, and it is no longer considered a conviction.

Restrict and Seal Pardoned Convictions (O.C.G.A § 35-3-37):

• Eligibility: If you received a pardon for a felony offense and have not been convicted of anything else since, you may petition the court to seal your record.
• Limitations: Serious violent felonies and serious sex offenses are not eligible.
• Impact: Your conviction is restricted in GCIC and sealed from public records.

Survivors First Act (O.C.G.A §§ 17-10-21, 35-3-37):

• Eligibility: If you were a survivor of sex or labor trafficking and the conviction was caused by being trafficked, you can petition to vacate, restrict, or seal your conviction. A one-year waiting period after sentence completion is required for vacatur.
• Impact: Your conviction can be vacated or sealed, and it will no longer appear in your public record.

Cleaning Up Misdemeanor Convictions

Misdemeanor convictions are less serious but can still affect your life. The same three remedies mentioned for felonies are available for misdemeanors. Additionally:

• You may be able to restrict and seal up to two eligible misdemeanor convictions if you completed all sentences at least four years ago and have had no new convictions in that period.
• Survivors First Act protections also apply, with a six-month waiting period after sentencing for vacatur of a misdemeanor.

Cleaning Up Non-Convictions

If charges against you were dismissed, nolle prossed, or you were acquitted at trial, you can also restrict and seal these records:

• Arrests before July 1, 2013: You may need to apply for restriction through the arresting agency and pay any required fees.
• Arrests on or after July 1, 2013: Restrictions may be automatic when the appropriate disposition is entered in GCIC, but you may still need to petition to seal the court’s file.

Cleaning Up Pending Cases

If you have pending cases that have been inactive or on a dead docket for more than 12 months, you may be able to petition to restrict and seal them. Consulting an attorney is recommended to understand your options.

How Can You Correct Errors on Your Criminal Record?

Criminal records can sometimes contain errors. It’s important to correct them because inaccurate information can hurt your employment, housing, and civil opportunities.

• Inaccurate or Incomplete Information: Contact the agency that entered the information to request a correction. If they do not fix it, you can appeal to the original court.
• Identity Theft: If your record reflects crimes you did not commit due to identity theft, you can request a full record inspection through GCIC.

Checking your criminal record regularly and ensuring it is accurate can prevent unnecessary problems in the future.

How Can You Restore Your Civil Rights in Georgia?

Conviction in Georgia can temporarily or permanently take away certain civil rights. These include:

• The right to run for and hold public office
• The right to serve on a jury
• The right to serve as a Notary Public

You can petition the Georgia Board of Pardons and Paroles to restore your civil and political rights. Requirements typically include:

• Completion of all sentences
• Residency in Georgia or involvement of a Georgia court conviction

Restoring your civil rights can help you fully participate in your community and regain opportunities lost due to a conviction.

Can You Get a Pardon in Georgia?

A pardon is an official order of forgiveness for your criminal offense. Pardons are mostly for felony convictions, but misdemeanors may qualify if certain criteria are met. A pardon can be helpful for employment, housing, and education purposes.

Eligibility requirements for a pardon in Georgia include:

1. You must complete all your sentences and wait at least five years before requesting a pardon.
2. You must have maintained a law-abiding record after completing your sentences.
3. You must have no pending criminal charges.
4. All fines must be paid in full.
5. Your conviction must be from a Georgia court; federal or out-of-state convictions are not eligible.

Most pardoned offenses are now eligible for restriction and sealing, allowing you to further protect your record.

Why Understanding Your Criminal Record Matters

Knowing the details of your criminal record in Georgia is essential for several reasons:

• Employment: Many employers run background checks. Understanding what is on your record helps you know what potential employers might see.
• Housing: Landlords often check criminal records before renting properties. Restricting or sealing eligible offenses can prevent housing discrimination.
• Civil Rights: Certain rights, such as voting and serving on a jury, can be affected by criminal convictions. Knowing your record helps you pursue restoration.
• Accuracy: Errors in your criminal record can create unnecessary problems. Checking and correcting your record ensures your history is accurate.
• Opportunities for Relief: Knowing your eligibility for expungement, restriction, or a pardon can give you a fresh start and help you move forward.

Steps You Can Take Now

If you want to manage your criminal record in Georgia, here are some practical steps you can take:

1. Check Your GCIC Report: Review your official criminal record to ensure all information is accurate.
2. Correct Errors: Request corrections for any inaccuracies or pursue appeals if necessary.
3. Seek Legal Advice: Consult an attorney about restricting, sealing, or expunging eligible convictions.
4. Consider Civil Rights Restoration: If you lost civil rights due to a conviction, explore options to have them restored.
5. Pardons: If you are eligible, consider applying for a pardon to forgive past offenses and improve your future opportunities.

Taking these steps can give you better control over your criminal record and help protect your personal and professional life.

Conclusion

Your criminal record in Georgia can affect many areas of your life, but understanding it gives you power to manage your future. From knowing what is on your record, controlling who can see it, cleaning up past convictions, correcting errors, restoring civil rights, and seeking pardons, there are legal pathways to protect and improve your record. By taking the time to understand your record and pursuing the options available, you can move forward with confidence, knowing that your past does not have to limit your future.