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Record Restriction

Record Restriction

Record Restrictions Instructions for Defendants

When Individuals are Seeking Record Restrictions

First question – When was the offense date?

If BEFORE JULY 1, 2013
  1. Applicants must complete the three (3) page application form located at http://gbi.georgia.gov/georgia-criminal-history-record-restrictions OR the agency that arrested them.
  2. Turn in Application to Agency which arrested them.
  3. Pay application fee.
  4. The application is then forwarded to Prosecutor’s Office who will approve or deny the application.  Defendant will receive notification of approval or denial from the arresting agency.

If AFTER JULY 1, 2013
  1. These are done automatically
  2. If the individual feels they are entitled to record restriction, and believes their record to be inaccurate, incomplete, or misleading, they must contact the GCIC center. 
    1. 404-244-2639
    2. gacriminalhistory@gbi.state.ga.us
  3. GCIC will provide procedure to view the record, and if necessary they can challenge the contents of the record by contacting Solicitor’s Office with their criminal history in hand.  We will only deal with them after they have obtained their criminal history.
  4. After they have their criminal history in their hand from GBI, they have to come here to the office so they can fill out a form. 

Important Notes Regarding Record Restrictions
  1. Record Restrictions are governed by O.C.G.A. § 35-3-37.
  2. There are strict guidelines regarding which cases are eligible for restriction.