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Georgia First Offender Record Sealing Law

New Georgia First Offender Record Sealing Law (O.C.G.A. § 42-8-62.2)

A finished record shouldn’t follow you forever.

If you completed a Georgia First Offender sentence, a law that took effect July 1, 2026 may let you seal that record — and keep it out of public view for good.

THE CHANGE

Georgia now lets you seal a First Offender record

Under Georgia’s First Offender Act, you completed your sentence and were discharged without a conviction ever being entered against you. That was always the promise of First Offender treatment — but until recently, the record of the case could still surface in places the public could reach.

O.C.G.A. § 42-8-62.2 closes that gap. If you were discharged before July 1, 2026, you can now petition the court to seal the court file and your criminal history record and make them unavailable to the public. For discharges on or after that date, sealing is built into the process automatically.

ELIGIBILITY

Do you qualify?

The law is for people who finished what they started. Here’s the line that matters most.

You likely qualify if…

  • You were sentenced under Georgia’s First Offender Act.
  • You completed your probation or sentence in full.
  • You were discharged without an adjudication of guilt — meaning no conviction was entered.
  • Your discharge happened before July 1, 2026.

You’re not eligible yet if…

  • You are still on First Offender probation.
  • Your sentence isn’t complete and you haven’t been discharged.
  • Your First Offender status was revoked or you were adjudicated guilty — different rules may apply, so ask us.

The one requirement to remember: You must have completed your sentence and been discharged. If you’re still on First Offender probation, finish first — then we can help you seal it.

HOW WE HELP

We handle the petition, start to finish

We confirm your eligibility, prepare and file the petition, give the required notice to the clerk of court and the prosecuting attorney, and follow it through to the court’s sealing order.

Fees from $1,500. Fees for a First Offender sealing petition start at $1,500 and vary by jurisdiction — the county and court where your case was handled affect the work involved. We’ll give you a clear quote before you decide to move forward.

THE LAW ITSELF

What the statute says

Key provisions of O.C.G.A. § 42-8-62.2, effective July 1, 2026.

(c) An individual who has been exonerated of guilt and discharged without court adjudication of guilt as a matter of law or pursuant to a court order… prior to July 1, 2026, may petition the court that granted such discharge for an order to seal and make unavailable to the public the criminal file, docket books, criminal minutes, final record, all other records of the court, and the defendant’s criminal history record information in the custody of the clerk of court…

(d) Within 90 days of the filing of a petition… the court shall order the criminal file… and the defendant’s criminal history record information… to be sealed and made unavailable to the public.

(f) When a court orders sealing of court records… the court shall also order that records maintained by law enforcement agencies, jails, and detention centers be restricted and unavailable to the public.

COMMON QUESTIONS

Before you reach out:

How long does the process take?

Once the petition is filed, the statute directs the court to order sealing within 90 days, and the clerk of court then has 60 days to seal the records. Law enforcement agencies have 30 days after receiving the order. Timing can vary by county and court schedule.

Will the record still show up on a background check?

Once sealed, the court file and your criminal history record are made unavailable to the public. Private agencies are always developing technology to circumvent this and crawl the web for old events, but legally this is a huge step for privacy. There are a narrow set of officials who keeps limited access under the law.

What if I’m still on First Offender probation?

You aren’t eligible yet. This option is only for people who have completed their sentence and been discharged. Finish your sentence first, then reach out and we can help you seal the record.

Does this apply if I was convicted, not a First Offender?

No — this specific law is for First Offender discharges. If your situation is different, other Georgia record-restriction options may still be available. Ask us and we’ll tell you what applies.

GET STARTED

Find out if your record qualifies

Tell us a little about your case and we’ll confirm whether you’re eligible to seal your First Offender record under the new law.

Author Bio

Ryan Brown

J. Ryan Brown
Founder

Ryan Brown is a Georgia criminal defense lawyer and trial attorney dedicated to defending the accused in Newnan and across the state. A graduate of Georgia State University College of Law, he has argued cases in Georgia Superior Courts, the Court of Appeals, and the Georgia Supreme Court. His memberships in the Georgia Association of Criminal Defense Lawyers and the Bleckley Inn of Court reflect his standing in the legal community.

Known for his relentless approach, Ryan is committed to protecting clients from the full power of the State. He builds strategic, fact-driven defenses designed to secure the best possible outcome, no matter the charge. When your future is on the line, Ryan Brown has the skill, experience, and determination to fight for you in court.

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