Laws on Expunging a Felony Record in Georgia
- As of 2011, to file for a pardon in Georgia, convicted felons must have completed all sentencing requirements within the past five years. Felons must have lived the past five years as law-abiding citizens and have paid all fees associated with their conviction. Fees associated with convictions differ for each individual case and are set following conviction. You may check with your county clerk to see if you have any outstanding fees. The Georgia State Board of Pardons and Paroles will review your history and deem whether or not your are "law-abiding" in their opinion. "Law-abiding" is an open-ended term used by the Georgia State Board of Pardons and Paroles on page 2 of the official state application form.
- Before applying, be sure to gather all necessary information for the application. This includes your criminal history report, which you will need to reference when completing the application form. If you are seeking a pardon in order to be approved for adoption, Section VIII housing,custodial rights, the right to foster a child, admission to an educational institution, license to be a truck driver to Canada or admission to the Peace Officer Training and Standards Council, then include a copy of your application to these programs with your application for pardon. The Georgia State Board of Pardons and Paroles states these regulations on page 2 of their application form. If you have specific questions about why these regulations are in place, contact the board directly. The only exception is if you are seeking pardon to join the Peace Officer Standards and Training Council (POST). Council rule 464-3-02(1)(g) explains why the POST application must be submitted along with your application for pardon. Applications for pardon are available online (see Resource 1) and by calling the Georgia State Board of Pardons and Paroles at 404-656-5651.
- After you complete your application for pardon, be sure to attach 3 letters of reference from citizens who are not your family members. According to the Georgia State Board of Pardons and Paroles, your references must be of "unquestionable integrity." To clarify the definition of "unquestionable integrity," contact the board directly at 404-656-5651. If you are awaiting approval for adoption, Section VIII housing,custodial rights, the right to foster a child, admission to an educational institution, license to be a truck driver to Canada or admission to the Peace Officer Training and Standards Council, then remember to include a copy of your application to these programs with your application for pardon. Finally, include copies of your criminal history for any out-of-state offenses. No fine is required in Georgia as of summer 2011. However it may take 9 to 12 months before you receive a response. Once your application is complete, submit it to the Georgia State Board of Pardons and Parole at the following address:
- Obtaining a pardon is not the same as expungement. As of 2011, Georgia only grants expungement to people who have been arrested but not received a conviction. Georgia does not seal records of convicts. As a convicted felon, your criminal history will always be available to law enforcement and the public. You still must report that you've been convicted of criminal charges if asked. If convicted of a sex crime, you also must remain on the offenders list for 10 years following the completion of your sentencing. At the conclusion of 10 years, you may petition for removal from this list. The function of a pardon is to show that state law enforcement no longer deems you to be a threat to society. Having a pardon does not make your past records disappear, but it does make you look more respectable and responsible in the eyes of future employers.