Georgia uses Ga. Code Ann. § 17-8-6 for authority of municipal court to seal criminal records. The statute says: “(a) Any judge of a municipal court of any municipality of this state or any judge hearing cases for any such court wherein a municipal court is a court of first instance in criminal cases shall have the authority to seal, to all persons except criminal justice officials, all…”
When a different section applies
Ga. Code Ann. § 16-12-219 deals with convicted felons prohibited from employment; exception. The statute says: “No individual convicted of a drug related felony shall be eligible to work as an employee of a licensee or otherwise participate in the business activities of a licensee conducted pursuant to this part unless the conviction has been expunged or the individual has been pardoned or had his or her civil rights restored.”
Appellate readings
Doe v. the State., 347 Ga. App. 246 (2018) is worth reading in full. The opinion puts it this way: “Doe contends that the trial court erred in denying his petition to seal his public court record because the undisputed evidence shows that the harm to him clearly outweighs the public's interest in access to that information.”
Meinken v. Burgess Et Al., 262 Ga. 863 (1993) is worth reading in full. The opinion puts it this way: “Smith, 940 F2d 395 (9th Cir. 1991); 97 ALR *866 Fed 652 (1990), Expunction of Federal Arrest Records in Absence of Conviction.”
Nasir v. Gwinnett County State Court — McMillian, 341 Ga. App. 63 (2017) is worth reading in full. The opinion puts it this way: “In addition, record restriction generally takes effect automatically as to eligible arrests, see OCGA § 35-3-37 (h) (“access shall be restricted by the Georgia Crime Information Center”), whereas expungement was accomplished only by request, see former OCGA § 35-3-37 (d)…”
A practical sequence
- Open Ga. Code Ann. § 17-8-6 and read the part on authority of municipal court to seal criminal records. Everything else in the filing has to fit that section.
- Ask the clerk which local form that Georgia county uses, then check the form against Ga. Code Ann. § 17-8-6.
- Then read Doe v. the State., 347 Ga. App. 246 (2018). That is a Georgia court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Georgia?
On authority of municipal court to seal criminal records, the Georgia text is Ga. Code Ann. § 17-8-6. The statute says: “(a) Any judge of a municipal court of any municipality of this state or any judge hearing cases for any such court wherein a municipal court is a court of first instance in criminal cases shall have the authority to seal, to all persons except criminal justice officials, all…”
How have Georgia courts ruled on expungement and sealing?
Doe v. the State., 347 Ga. App. 246 (2018) “Doe contends that the trial court erred in denying his petition to seal his public court record because the undisputed evidence shows that the harm to him clearly outweighs the public's interest in access to that information.”
Read Ga. Code Ann. § 17-8-6 in full before you file. A quotation on this page is a starting point, not the whole section.