CRIMINAL RECORD RESTRICTIONS
RECORD RESTRICTION
O.C.G.A. §35-3-37 provides for the restriction of certain criminal history records for non-criminal justice purposes.
- For arrests prior to July 1, 2013, the applicant is required to apply for restriction with the arresting law enforcement agency. Arresting agencies may require a processing fee not to exceed $50.00 as authorized per §35-3-37.
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- The REQUEST TO RESTRICT ARREST RECORD is a three-section (page) form. It can be accessed here: https://gbi.georgia.gov/sites/gbi.georgia.gov/files/related_files/site_page/Request%20to%20Restrict%20Arrest%20Record%20Instructions%20and%20Request%20Form.pdf
- Section One is completed by the applicant. Each request form may contain only one (1) Date of Arrest (there may be multiple charges for that arrest).
- Section Two is completed by the arresting agency. The entire form is forwarded to the prosecutor for approval/denial.
- Section Three is completed by the prosecutor. If approved, the prosecutor may enter the appropriate disposition restriction code using the GCIC CCH User Interface and notify the applicant that the restriction is complete. The arresting agency will receive a notification from GCIC that the record has been restricted.
- If the prosecutor does not have access to the CCH User Interface, the application may be returned to the arresting agency.
- The arresting agency should advise the applicant to forward the approved application to GCIC including the GCIC processing fee. Incomplete applications or those missing the required fee will not be processed and will be returned to the applicant. Do not forward the restriction application to GCIC if the request is denied by the prosecutor.
- Applicants may send the approved Request to Restrict Arrest Record form and $25.00 fee (money order or certified check payable to "Georgia Bureau of Investigation") to:
Georgia Crime Information Center
Record Restrictions
P.O. Box 370808
Decatur, Georgia 30037-0808
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- GCIC will send an e-mail notification to the applicant at the e-mail address listed on Page 1 of the Application when the restriction has been applied to the Georgia Criminal History. GCIC does not mail notifications or provide copies of an approved Request to Restrict Arrest Record Application.
- To check the status of a request, contact the GCIC CCH/Identification Services helpdesk at (404) 244-2639, Option 1 or e-mail [email protected].
- For arrests occurring July 1, 2013 or later, there is no application process.
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- The prosecutor may approve the restriction at the time of sentencing. If restriction is approved at sentencing, it should be noted in the sentencing documentation forwarded to the court. Nothing else is required from the applicant in order for the record to be restricted.
- In cases where restriction is not approved by the prosecutor at sentencing, an applicant’s ability to seek restriction at a later time is governed by O.C.G.A. § 35-3-37(j) and typically requires a petition to be filed with the sentencing court. Applicants are encouraged to familiarize themselves with the applicable law and consult an attorney for assistance with this process. The Solicitor-General is prohibited by law from providing legal assistance to applicants for this or any other purpose (see O.C.G.A. § 15- 18-63(b)).
- When the restriction has been applied to the Georgia criminal history, access to that specific arrest cycle is restricted for non-criminal justice purposes (Employment and/or Licensing). However, such information may be available through other sources. GCIC has no control over information provided by local agencies or private vendors.