Helpful Information
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 regarding Gwinnett County misdemeanor arrests where all charges were dismissed or reduced to a Local Ordinance violation.
- For arrests that occurred prior to July 1, 2013, that were referred to our office and did not result in a conviction or that 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 and directions are available at the following page on the GBI’s website: https://gbi.georgia.gov/georgia-criminal-history-record-restrictions. 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, that were referred to our office and did not result in a conviction or that were reduced to a Local Ordinance violation only: the individual may complete section one of the GBI Record Restriction form and submit it directly to our office. Please submit the completed form 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 our Records Department (solrecords@gwinnettcounty.com).
MISDEMEANOR CONVICTION Record Restriction Petitions
- Eligibility: As of 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.
- 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 on the back of this document);
- 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 the petition is denied, the petitioner must wait two years from the date of the final order to refile on the same case.
JAIL RECORDS and Restricted Criminal Records – Pursuant to O.C.G.A. § 35-3-37 (k)(2), 30 days after an 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 have 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.
EXCLUDED Misdemeanor Convictions Per O.C.G.A. § 35-3-37 (j)(4)
- Family Violence Simple Assault (O.C.G.A. § 16-5-20(d)), Family Violence Simple Battery (O.C.G.A. § 16-5-23(f)), and Family Violence Battery (O.C.G.A. § 16-5-23.1 (f)) – unless under the age of 21 at the time of arrest;
- Family Violence Stalking in violation of O.C.G.A. § 16-5-90; ▪ Violating a Family Violence Order in violation of O.C.G.A. § 16-5-95;
- Improper Sexual Contact by Employee or Agent and Improper Sexual Contact by a Foster Parent in violation of O.C.G.A. § 16-6-5.1;
- Public Indecency in violation of O.C.G.A. § 16-6-8 (b);
- Keeping a Place of Prostitution in violation of O.C.G.A. § 16-6-10;
- Pimping in violation of O.C.G.A. § 16-6-11;
- Pandering by Compulsion in violation of O.C.G.A. § 16-6-12;
- Sexual Battery in violation of O.C.G.A. § 16-6-22.1;
- Obstructing or Hindering Persons Making Emergency Telephone Call in violation of O.C.G.A. § 16-10-24.3;
- Peeping Tom in violation of O.C.G.A. § 16-11-61;
- Any Offense Related to Minors Generally in violation of Part 2 of Article 3 of Chapter 12 of Title 16;
- Theft in violation of Chapter 8 of Title 16; provided, however, such prohibition shall not apply to a misdemeanor conviction of Theft by Shoplifting (O.C.G.A. § 16-8-14) or Refund Fraud (O.C.G.A. § 16-8-14.1), as applicable; or
- Any Serious Traffic Offense in violation of Article 15 of Chapter 6 of Title 40, which includes Reckless Driving, D.U.I., Homicide by Vehicle, Fleeing or Attempting to Elude, Impersonating a Law Enforcement Officer, and Aggressive Driving
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