A dismissed charge can still make you uneasy when you apply for a job, housing or a license. Even without a conviction, an arrest may still appear in some background checks.
Georgia law allows certain records to be restricted, a process formerly called expungement. Restriction can limit access to eligible arrest information on the state’s official criminal history report, but it does not erase the record or block every outside source.
When dismissed charges may qualify
Under state law, many cases that end without a conviction may qualify for restriction. This may include situations where:
- The prosecutor dropped all charges, also called nolle prosequi
- A judge dismissed the case
- A grand jury twice declined to indict you
- You completed a drug court, mental health court or veterans treatment court program, the charge was dismissed and you were not arrested during your time in the program (excluding minor traffic violations)
Eligibility depends on the final outcome and the reason the case ended. Some records need closer review, especially if the case involved a serious violent felony, a sexual offense, a plea deal or a dismissal tied to evidence issues. Before assuming the record qualifies, check the final court record.
What to check before taking action
The next step depends on the arrest date. If it happened before July 1, 2013, you generally apply through the arresting agency. The agency may request your criminal history, a document showing how the case ended, also called the final disposition, or a processing fee.
If the arrest happened on or after July 1, 2013, the record restriction applies automatically once the clerk or prosecutor enters the qualifying case result into the state database.
You may also need to ask whether court records require a separate sealing request. Restricting the state report may not hide every court record from public view.
Protecting your record after the case ends
A dismissal often brings relief, but it does not always clear every trace of the arrest. Reviewing your criminal history, confirming the final disposition and contacting the proper agency can help you understand what still appears and what steps may be available.