Record Restrictions
Under Georgia law (O.C.G.A. §35-3-37), Record Restriction is a process in which an individual can have their record restricted to the public and on their Georgia Criminal History. However, for law enforcement, criminal investigative purposes, or employment in a criminal justice agency, judicial officials and criminal justice agencies will have access to the restricted information. This process was previously known as an “Expungement.”
FELONY CASES
Felony Arrests
For Felony Arrests in Rockdale County Where All Charges Were Dismissed:
If the arrest occurred prior to July 1, 2013, you are required to apply for restriction at the arresting agency.
If the arrest occurred on or after July 1, 2013, , you may complete the record inquiry form and submit it directly to the DA’s office. Please submit the completed form along with a photocopy of your government-issued identification and a copy of your case disposition, if available, either in-person at the Rockdale DA’s Office, via mail, or email at DArecords.request@rockdalecountyga.gov
Felony Convictions
If you pled guilty to a felony, you do not qualify for record restriction unless your case meets an exception under OCGA 35-3-37(h)(2).
If you pled guilty to a felony and sentenced under pre-trial diversion or conditional discharge under OCGA 16-13-2, the terms and conditions of the sentences must be successfully completed to qualify for a record restriction unless otherwise ordered by the court at sentencing.
MISDEMEANOR CASES
Misdemeanor Arrests
For Rockdale County Misdemeanor Arrests Where All Charges Were Dismissed or Reduced to a Local Ordinance Violation:
For arrests that occurred prior to July 1, 2013— where the case was referred to the Rockdale DA’s Office and did not result in a conviction, you must apply for restriction at the arresting agency via the application process as required by law. The GBI Record Restriction application with directions can be downloaded at 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 – where the case was referred to the Rockdale DA’s Office and did not result in a conviction, , you 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, either in-person at the Rockdale DA’s Office, via mail, or email at DArecords.request@rockdalecountyga gov.
Misdemeanor Convictions
Effective January 1, 2021, for convictions from the State Court of Rockdale County, you may petition (request) the Court to restrict two misdemeanor convictions or a series of misdemeanors convictions arising from a single incident in their lifetime IF
• You completed the terms of your sentence;
• You have not been convicted of any offense in any jurisdiction for at least four(4) years prior to filing the petition (excluding nonserious traffic offenses); and
• You have no pending charges.
Limitations:
Only two (2) lifetime restrictions under this law
AND
the following misdemeanor convictions are NOT ELIGIBLE to be restricted:
• Family violence simple battery, unless a youthful offender
• Family violence battery, unless a youthful offender
• Family violence stalking
• Violating a family violence order in violation of O.C.G.A. §16-5-95
• Child Molestation
• Enticing a child for indecent purposes
• Improper sexual contact by employee or agent or improper sexual contact by a foster parent in violation of O.C.G.A. §16-6-5.1
• Public Indecency
• Keeping a place of prostitution
• Pimping
• Pandering by compulsion
• Sexual Battery
• Obstructing or hindering persons making an emergency telephone call
• Peeping Toms
• Any offense related to minors generally in violation of Part 2 of Article 3 of Chapter 12 of Title 16
• Theft unless it was a shoplifting or refund fraud misdemeanor in violation of O.C.G.A. §16-8-14 or 16-8-14.1
• Any serious traffic offense in violation of Article 15 of Chapter 6 of Title 40.
Process
If you meet the above qualifications, you may petition (ie. request) the State Court of Rockdale County for record restriction consideration and must serve (provide) the prosecutor with a copy of the petition.
Petition documents for eligible applicants petitioning to restrict eligible Rockdale County Misdemeanor convictions are located here. You or your attorney must complete the petition and file the petition with the Rockdale County State Court Clerk’s Office, and provide a copy of the completed petition to the Rockdale County District Attorney’s Office.
