MISDEMEANOR ARREST RECORD RESTRICTION

INFORMATION REGARDING DEKALB COUNTY MISDEMEANOR ARREST RECORD RESTRICTION

O.C.G.A. § 35-3-37 provides for the restriction of certain criminal history record information for non-criminal justice purposes. 

  • Dismissed Arrest Record Restriction Requests for DeKalb County Misdemeanor Arrests Where All Charges Were Dismissed or Reduced to a Local Ordinance Violation:
  • For arrests that occurred prior to July 1, 2013, were referred to our office and did not result in a conviction or were reduced to a local ordinance violation only, individuals are required to apply for restriction at the arresting agency via the statutory application process. The GBI Record Restriction Application with directions can be downloaded here: https://gbi.georgia.gov/document/publication/request-restrict-arrest-record-instructions-and-request-form/download. Applicants should complete section one of the form and submit it to the arresting agency to begin the process. Please contact the arresting agency with any questions.
    • For arrests that occurred on or after July 1, 2013, were referred to our office and did not result in a conviction or were reduced to a local ordinance violation only, individuals may complete the record inquiry form and submit it directly to our office.  Please submit the completed form along with a photocopy of your government-issued identification and a copy of your case disposition, if available, via mail or email to the attention of the records department at solicitorinfo@dekalbcountyga.gov.
  • Misdemeanor Conviction Record Restriction Petitions Effective January 1, 2021, an individual with an eligible conviction may petition the court for restriction consideration four years after they have completed their sentence as long as they have not been convicted of a new offense in the four years prior to filing and do not have any pending charges.
  • Eligibility
    • The conviction must be an eligible offense (Under O.C.G.A. § 35-3-37 (j)(4)(A,  convictions for any offenses listed in (j)(4)(B) are ineligible for restriction consideration- a list of excluded misdemeanor offenses is below);
    • The individual has completed the terms of their sentence;
    • The individual has not been convicted of any crime in any jurisdiction for at least four years prior to filing (excluding non-serious traffic offenses); and
    • The individual has no pending charged offenses.
  • Process:  If an individual’s conviction meets the criteria above, they may petition the court of conviction for record restriction consideration and should serve the prosecutor with a copy of the petition. 
  • Limitations:  An individual is limited to two lifetime conviction restrictions under this code section, and, if a petition is denied, the petitioner must wait two years from the date of the final order to refile on the same case. 
  • Record Restriction and Jail Records Pursuant to O.C.G.A. § 35-3-37 (k)(2), 30 days after and individual’s record has been restricted, the individual may send a written request to the appropriate county or municipal jail or detention center to have all records for the Defendant’s restricted offense that has been maintained by the appropriate county or municipal jail or detention center restricted. Within 30 days of such request, the appropriate county or municipal jail or detention center shall restrict access to all such criminal history record information maintained by such appropriate county or municipal jail or detention center for such individual’s charge offense that has been restricted.

While we will answer all inquiries to the best of our ability, the Solicitor-General’s Office cannot give legal advice. Therefore, to learn more about the options above as well as other record restriction opportunities that may be available, individuals are encouraged to consult a private attorney, the DeKalb County Public Defender’s Office (404-371-2222), and/or review Georgia Legal Services Criminal Record Resourceshttps://www.georgialegalaid.org/issues/criminal-law-personal-injury/criminal-law-criminal-records.