Pro Bono Records Restriction in Georgia: Restoring Confidence and Removing Barriers

Publication year2021
Pages0056
Pro Bono Records Restriction in Georgia: Restoring Confidence and Removing Barriers
No. Vol. 27, No. 1, Pg. 56
Georgia Bar Journal
August, 2022

Records Restriction in Georgia: Restoring Confidence and Removing Barriers

The record restriction process can be overwhelming or inaccessible to individuals trying to navigate it on their own. It is, however, ideally suited to attorneys who want to use their analytical skills and attention to detail to remove barriers for clients who are ready to move forward and improve their lives.

BY SUSAN COPPEDGE

Many Georgians would be surprised to learn that, if someone is charged with a crime, information about the charge can remain on their Georgia criminal record even if it doesn't result in a conviction. Recent studies have shown that 1 in 3 U.S. adults-approximately 70 million people-have a criminal record, including those who were arrested but not convicted. Because these records can have significant long-term impacts for an individual and their family, Georgia Legal Services Program's Records Restriction Program assists eligible Georgians with low incomes through the process of limiting public access to certain information contained in their criminal records.

In Georgia, record restriction and sealing mean that non-convictions (acquittal, nolle pros, dismissal, etc.) and certain types of convictions (such as pardoned felonies; eligible first convictions under the First Offender Act; and misdemeanors that do not involve enumerated ineligible offenses like sex crimes, family violence, DUI and others) are restricted from public view, but remain accessible to law enforcement for criminal justice purposes.

A criminal charge-even a minor one that's decades old, or that may have never resulted in a conviction-can dramatically impact economic security and stability for an individual and their family. As Sarah Anderson, Pro Bono Program supervising staff attorney at GLSP's Savannah Regional Office explains, "Even if a charge was dismissed or pardoned, just having it on a person's record can keep them from getting a job or prevent them from entering a training program that can be key to getting a better job. It may mean they can't access public benefits or move their family into safer housing. Having these records restricted removes barriers that can keep someone from moving forward. Record restriction really can change lives."

The clearest example of the benefits of record restriction can be...

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