Record Sealing After Completing Pretrial Diversion Programs in Georgia

Making a mistake should not ruin your life. Georgia recognizes this, which is why many courts offer Pretrial Intervention (PTI) or Diversion programs for first-time offenders. Instead of going to trial and facing jail time, you agree to complete classes, pay fines, and stay out of trouble. In exchange, the prosecutor completely dismisses the charges against you. However, a dismissed charge does not automatically erase the arrest from your record. The mugshot and arrest code will still show up on a background check until it is formally restricted. Whether you completed diversion in Savannah, Columbus, or Atlanta, knowing how to seal that record is the final, crucial step to getting your life back.

How Pretrial Diversion Works in Georgia

In Georgia, prosecuting attorneys are statutorily authorized to establish Pretrial Intervention and Diversion (PTI) programs under O.C.G.A. § 15-18-80, while specialized accountability courts operate under O.C.G.A. § 15-1-15. The program is an agreement between you and the prosecutor's office that diverts your case out of the traditional criminal justice system. If you fail the program, the prosecutor resumes the case, and you face the original penalties. If you graduate, the charges are dismissed (Nolle Prosequi). Because there is no conviction, your arrest record is legally eligible for record restriction under O.C.G.A. § 35-3-37(h)(2)(A) and the general provisions of O.C.G.A. § 35-3-37. Georgia courts favor these programs to reduce jail overcrowding and promote rehabilitation, as echoed in standard court practices statewide.

Drug Court Programs

For individuals facing drug possession charges, Drug Court offers intense supervision, mandatory drug testing, and rehabilitation counseling. These programs usually last 12 to 24 months. Upon successful graduation, the felony or misdemeanor drug charges are dismissed. Because drug arrests carry a heavy stigma for employment, immediately applying for record restriction upon graduation is highly recommended.

Mental Health Court

If a crime was committed due to an underlying, untreated mental illness, many counties offer Mental Health Court. This program requires participants to take prescribed medications, attend therapy, and check in regularly with a judge. Completing Mental Health Court results in the dismissal of charges. Restricting these records ensures that a mental health crisis from your past does not prevent you from securing housing or future employment.

Shoplifting and Theft Diversion

Misdemeanor shoplifting is one of the most common crimes routed to Pretrial Diversion. Participants typically complete an anti-theft class, pay restitution to the store, and perform community service. A theft arrest is viewed very poorly by employers, especially in retail or finance. Sealing this record is vital to passing corporate background checks.

The Critical Step: Ensuring the Prosecutor Notifies GCIC

Many diversion graduates mistakenly believe that once the judge signs the dismissal paper, their record is instantly wiped clean. This is false. For arrests made after July 1, 2013, the restriction is supposed to be automatic once the clerk enters the dismissal. However, in diversion cases, the local prosecutor-such as the Fulton County District Attorney's Office, Atlanta-must actively enter the correct disposition code indicating you completed a diversion program. If they just enter a standard Nolle Prosequi without the diversion flag, the Georgia Crime Information Center, Decatur (GCIC) might leave the record visible. It is your responsibility to follow up and ensure the correct code was submitted.

Step-by-Step Guide to Sealing Your Record After PTI

Do not leave your clean record to chance. Follow these steps immediately after graduation.

Step 1: Obtain Your Dismissal Order

On graduation day, or shortly after, the court will issue an Order of Dismissal or Nolle Prosequi. Go to the clerk's office and request two certified copies of this document.

Step 2: Run Your Own Background Check

Wait about 30 to 60 days, then visit a local police department to pull your own GCIC criminal history. This will show you exactly what employers see. If the arrest is still showing up, you must take manual action.

Step 3: Contact the Diversion Coordinator

If the arrest is still visible, contact the diversion coordinator at the prosecutor's office. Politely request that they update the GCIC database to reflect the completed diversion program to trigger the automatic restriction.

Step 4: File a Manual Request (If Needed)

If your arrest was prior to July 2013, or if the automatic system fails entirely, you must file a manual Form Request to Restrict Arrest Record, Georgia, Georgia Crime Information Center, Request to Restrict Arrest Record with the original arresting agency.

Cost and Timelines

Completing a diversion program is expensive, but restricting the record is relatively cheap.

• Diversion Program Fees: Usually range from $300 to $1,000 depending on the county and required classes; under O.C.G.A. § 15-18-80(f), the statutory administrative fee charged by prosecutors is capped at a maximum of $1,000.
• GCIC Restriction Fee: If manual restriction is required, the GCIC charges $25, and the arresting agency may charge up to $50.
• Timeline: Once the completion is entered properly, automatic restriction takes about 30 days. A manual request can take 90 to 120 days.

Frequently Asked Questions (FAQ)