How to Restrict Records for Dismissed Charges and Nolle Prosequi Cases in Georgia

Getting arrested is a terrifying experience, but having those charges dismissed is a massive relief. However, many people in Georgia do not realize that an arrest stays on their background check even if they were never convicted. This visible arrest record can cost you jobs, housing, and peace of mind. Fortunately, Georgia law allows you to "restrict" (the local term for expungement) these non-convictions so private employers cannot see them. Whether you live in Atlanta, Macon, or Savannah, understanding the timeline and process is vital to clearing your good name.

Understanding Record Restriction in Georgia

In Georgia, the legal system no longer uses the word "expungement" to describe erasing a record. Instead, the process is called "record restriction." When a record is restricted under O.C.G.A. § 35-3-37, the arrest is hidden from the general public and private employers. However, law enforcement and court officials can still see it. The courts strongly protect the right to restriction, as established in Mosley v. Lowe, 298 Ga. 363 (GA Supreme Court 2016), where the Georgia Supreme Court ruled that the 2013 statutory expansion of record restrictions applies retroactively to arrests occurring prior to July 1, 2013.

Automatic Restriction for Arrests After July 2013

If you were arrested after July 1, 2013, and your case was entirely dismissed or a Grand Jury returned a "No Bill," the restriction process is supposed to be automatic. Once the court clerk enters the final disposition into the state database, the Georgia Crime Information Center, Decatur (GCIC) is notified, and the restriction is applied automatically. However, computer errors happen. You should always pull your own background check a few months later to verify it was actually restricted.

Manual Application Process for Pre-2013 Arrests

If your arrest occurred before July 1, 2013, the restriction is not automatic. You must take proactive steps. You will need to submit a manual application to the arresting law enforcement agency. They will review it, send it to the local prosecutor, and then forward the approved package to the GCIC to manually restrict the file.

Nolle Prosequi Timeframes

A "Nolle Prosequi" (or Nolle Pros) means the prosecutor formally decided to dismiss or abandon the charges after an accusation or indictment was filed. Unlike unindicted arrests-which carry statutory waiting periods under O.C.G.A. § 35-3-37(h)(1) of two years for misdemeanors and four years for felonies-a formal Nolle Prosequi is eligible for restriction immediately upon entry of the order under O.C.G.A. § 35-3-37(h)(2)(A). However, an exception applies under O.C.G.A. § 35-3-37(i) if the Nolle Prosequi was granted as part of a negotiated plea agreement resulting in a conviction on another charge arising out of the same incident.

Handling Acquittals and Not Guilty Verdicts

If you took your case to trial and were found not guilty on all charges, your arrest record is eligible for restriction. Under O.C.G.A. § 35-3-37(h)(2)(E), for arrests occurring on or after July 1, 2013, restriction in the GCIC database is automatic once the clerk enters the acquittal disposition, unless the prosecuting attorney files an objection within 10 days and proves by clear and convincing evidence that public interest in the record outweighs your privacy harm. Filing a formal petition in the trial court-such as the Fulton County Superior Court, Atlanta or the Cobb County Superior Court, Marietta-is primarily required under O.C.G.A. § 35-3-37(m) to seal the clerk of court's public docket file, or under O.C.G.A. § 35-3-37(j)(1) if you were acquitted of a felony charge but convicted of an unrelated misdemeanor.

Step-by-Step Guide to Manual Record Restriction

If your arrest happened before 2013, follow these steps to clear your name manually.

Step 1: Obtain Your Official Disposition

Go to the clerk of court in the county where you were arrested and request a certified copy of your final case disposition. This document proves the charges were dropped or dismissed.

Step 2: Apply with the Arresting Agency

Take the certified disposition to the police department or sheriff's office that originally arrested you. You will submit a Form Non-Numbered, Georgia, Georgia Crime Information Center, Request to Restrict Arrest Record. You must pay a processing fee to the agency.

Step 3: Prosecutor Approval

The police department forwards your application to the local prosecuting attorney (the Solicitor General or District Attorney). They have a statutory timeframe to review your file and approve or deny the restriction based on whether the case qualifies.

Step 4: Final GCIC Processing

Once the prosecutor approves it, the paperwork is forwarded to the GCIC in Decatur. You must pay a final state processing fee, and the GCIC will officially seal the arrest from your public background check.

Costs and Timelines

Manual restrictions involve specific fees and waiting periods.

The entire manual process usually takes between 3 to 6 months to complete, as the paperwork moves between three different government offices.

Frequently Asked Questions (FAQ)