Can a DUI Be Expunged in Georgia? Restriction and Pardons

A DUI conviction cannot be expunged in Georgia. The state permanently bars record restriction — Georgia’s replacement for expungement — for any DUI conviction, with no waiting period, no first-offender exception, and no judicial workaround. What can be sealed is a DUI arrest record, but only if the case ended without a DUI conviction: a dismissal, an acquittal, or a reduction to a non-DUI charge.

Why a DUI Conviction Stays on Your Record Forever

Georgia law classifies DUI as a “serious traffic offense” under Article 15, Chapter 6 of Title 40. The record restriction statute specifically excludes any conviction for a serious traffic offense, and that closes the door on DUI convictions.¹

Two other statutes people sometimes hope to use are also unavailable. Georgia’s First Offender Act, which lets some first-time offenders avoid a formal conviction after completing probation, lists DUI as an offense a court cannot sentence under first offender treatment.² The conditional discharge statute used for some first-time drug possession cases does not apply to DUI either.³

The 2021 law that expanded restriction to allow sealing of up to two misdemeanor convictions after four years does not help either. It carves out convictions for any serious traffic offense under Article 15 of Chapter 6 of Title 40, which covers both DUI and reckless driving.¹ That last point matters if your DUI was reduced to reckless driving — the DUI arrest can be sealed, but the reckless driving conviction will remain visible with no future path to restriction.

Restriction vs. Expungement in Georgia

Georgia replaced the term “expungement” with “record restriction” on July 1, 2013. Expungement suggests destruction; restriction means the record still exists but is hidden from public view. Most employers, landlords, and licensing boards cannot see restricted records during a standard background check, but law enforcement, prosecutors, and judges still can.⁴ If you are later charged with something new, the full history — including anything restricted — is visible to the court.¹

When a DUI Arrest Record Can Be Sealed

If your DUI charge did not end in a DUI conviction, the arrest itself may qualify for restriction. The qualifying outcomes are:

The prosecutor dropped the charge (nolle prosequi) or the court dismissed it.
You went to trial and were found not guilty.
The DUI charge was amended to a non-DUI offense such as reckless driving, and you were convicted of that lesser charge instead.

In the reduction scenario, the original DUI arrest becomes eligible for restriction because there was no DUI conviction. The conviction for the reduced charge, however, stays on your record.⁴

How to Request Restriction of a DUI Arrest

Get Your Documents Together

You need a certified copy of the final disposition from the court that handled your case, showing dismissal, acquittal, or reduction. Contact the clerk of the court where the case was heard. Have the arrest date, the arresting agency, and the original charges ready.

File With the Right Office

For arrests before July 1, 2013, submit the “Request to Restrict Arrest Record” form to the arresting law enforcement agency, which forwards it to the prosecutor. For arrests on or after that date, go directly to the prosecutor’s office. The form is available through the Georgia Bureau of Investigation.⁴

The arresting agency or prosecutor may charge up to $50 to process the request, and the Georgia Crime Information Center charges an additional fee to update the state database.⁵

What Happens After You File

The prosecutor has 90 days to approve or deny the request. If they do not respond within that window, the law presumes they do not object.¹ Once approved, the Georgia Crime Information Center typically processes the restriction within two to three weeks and mails a confirmation letter.⁵

If the Prosecutor Says No

A denial must come with a written explanation citing the specific reason. From there, you can file a civil action in the superior court of the county where the arresting agency is located.¹ The burden is on you to show by clear and convincing evidence that the arrest is eligible and that the harm to your privacy clearly outweighs the public interest in keeping the record available. It is a steep standard, and this is the point where legal representation makes the most practical difference.

Where Restriction Falls Short

Even a successful restriction has real limits.

Commercial Drivers

Federal regulations prohibit states from masking any traffic conviction for holders of a commercial driver’s license or commercial learner’s permit. Under 49 CFR § 384.226, Georgia cannot hide a CDL holder’s conviction from the national CDL information system, regardless of the type of vehicle involved at the time of the offense.⁶

Immigration Cases

U.S. Citizenship and Immigration Services does not recognize state-level record restriction. Visa, green card, and naturalization applicants are expected to disclose their full criminal history, including dismissed, sealed, or restricted cases. Nondisclosure can be treated as misrepresentation, with consequences including permanent inadmissibility and deportation proceedings.

Private Background Check Companies

Restriction removes information from Georgia’s official criminal history database, but private companies pull from court records, arrest logs, and other public sources on their own. Under the federal Fair Credit Reporting Act, background check companies cannot report arrests that did not result in a conviction once seven years have passed from the arrest date, for positions with an annual salary below $75,000. Convictions can be reported indefinitely under federal law.⁷ If a restricted DUI arrest still shows up, you can dispute the report with the company under the FCRA.⁸

The Pardon Option for a Conviction You Cannot Restrict

For someone living with a Georgia DUI conviction, the only remaining avenue is applying for a pardon through the Georgia State Board of Pardons and Paroles. A pardon does not erase the conviction and does not make it eligible for restriction. It is an official recognition of rehabilitation, and some employers and licensing boards may weigh it favorably.

1
Justia. Georgia Code 35-3-37 – Criminal History Record Information; Review; Corrections; Restriction of Access for Certain Dispositions
2
Justia. Georgia Code 42-8-60 – Probation Prior to Adjudication of Guilt
3
Justia. Georgia Code 16-13-2 – Conditional Discharge for Possession of Controlled Substance as First Offense
4
Georgia Bureau of Investigation. Georgia Criminal History Record Restrictions
5
Georgia.gov. File Request to Expunge a Criminal Record
6
eCFR. 49 CFR 384.226 – Prohibition on Masking Convictions
7
Office of the Law Revision Counsel. 15 USC 1681c – Requirements Relating to Information Contained in Consumer Reports
8
Office of the Law Revision Counsel. 15 USC 1681k – Public Record Information for Employment Purposes