INSTRUCTIONS FOR REQUEST TO RESTRICT (EXPUNGE) ARREST RECORD
Georgia law (O.C.G.A. §35-3-37) provides for the restriction of certain criminal history records for non-criminal justice purposes when approved by the prosecuting attorney.
For Arrests AFTER July 1, 2013
For arrests occurring July 1, 2013 or later, there is no application process required. The prosecutor of your case may approve the restriction at the time of sentencing. If restriction is approved upon sentence completion, it will be noted in the sentencing documentation forwarded to the court.
For Arrests BEFORE July 1, 2013
For arrests prior to July 1, 2013 the applicant is required to apply for restriction at the arresting agency. Arresting agencies require a processing fee not to exceed $50.00 as authorized per §35-3-37. Call the arresting agency for the current fee charged (click here for a list of Henry County agencies)
o Section One is completed by the applicant. Each request form may contain only one (1) Date of Arrest (there may be multiple charges for that arrest).
o Section Two is completed by the arresting agency. The arresting agency then forwards the entire form to the prosecutor for approval/denial.
o Section Three is completed by the prosecutor. If approved or denied by the prosecutor, the arresting agency will notify the applicant and a copy of the decision is made available.
When the restriction has been applied to the Georgia criminal history, access to that specific arrest cycle is restricted for non-criminal justice purposes (Employment/Licensing). However, such information may be available through other sources. GCIC has no control over information provided by local agencies or private vendors.
If you have further questions, please contact the Henry County Sheriff's Office at