Q: Can I have my record completely sealed after it’s been restricted in Georgia for a misdeamenor shoplifting charge

A: To get the file of your restricted charges sealed you must file an action and show the court that the harm suffered by the clerk’s record remaining public (i.e., denial of jobs, licensing, housing, etc.) outweighs the interest in the record being publicly available. In other words, you need the file sealed more than the public needs access to the file. See O.C.G.A. 35-3-37(m).

The process to seal the records of the court is as follows:

Get a certified copy of the final disposition in your case from the clerk of court where your case was handled.

Prepare the motion. A sample motion is https://www.gjp.org/wp-content/uploads/Petition-to-Restrict-and-Seal-Youthful-Offender-Conviction.pdf

Sign and date the motion.

Indicate the case number assigned to the criminal case.

Attach the final disposition and any other required documentation. (NOTE: Do not attach a copy of your criminal history.)

Attach any additional documentation showing that the presence of the record on your GCIC criminal history record is causing you harm (such as letters of employment or housing denials based on your background).

Make three copies of your original documents.

File the Motion and Draft Order in the criminal division of the clerk of court that handled the case. There should not be a filing fee. (NOTE: If the case was a felony, you should file the motion in the superior court. If the case was a misdemeanor, the motion should be filed in the state court.)

Deliver or send a copy of your Motion and Draft Order to the office of the prosecuting attorney in the original case and the clerk of court.

If you requested a hearing, the judge will hear testimony about whether record restriction is appropriate in your case.

If the judge finds that restriction is appropriate, he or she will sign the order. It must be filed with the clerk of the court that handled the case.