Can a DUI be expunged in Georgia?

Whether a DUI can be cleared at all

Georgia restricts access to a criminal history record mainly where an arrest ended in something other than a conviction. When Senate Bill 288 added a route to restrict certain misdemeanor convictions, it wrote in a list of excluded offenses that includes any serious traffic offense in violation of Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, the article headed serious traffic offenses.

“Any serious traffic offense in violation of Article 15 of Chapter 6 of Title 40.”

The driving record is a separate record

This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.

Not addressed on the official pages read. Record restriction reaches only the criminal history record, and only for non-criminal-justice purposes such as employment and licensing. The Georgia Bureau of Investigation adds that restricted information may still be available through other sources and that it has no control over information provided by local agencies or private vendors. No Department of Driver Services page states that a criminal record restriction removes a DUI conviction from the Georgia driving history.

“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.”

What else sits on that record: suspensions and points in Georgia.

How long the wait is, and from when

No waiting period applies to a DUI conviction because the conviction route excludes serious traffic offenses. Where an arrest did not end in a conviction, the Georgia Bureau of Investigation states that for arrests occurring July 1, 2013 or later there is no application process and the prosecutor may approve the restriction at the time of sentencing. For arrests before that date the applicant applies at the arresting agency.

“For arrests occurring July 1, 2013 or later, there is no application process. The prosecutor may approve the restriction at the time of sentencing.”

Automatic or by petition

Georgia operates both an automatic and a request-based system. The Georgia Crime Information Center restricts access automatically where no final disposition is reported within the periods set by O.C.G.A. § 35-3-37(h)(1)(A)(ii) — two years for a misdemeanor, four years for most felonies, seven years for a serious violent felony. Senate Bill 288, which applies to sentences imposed before, on, or after July 1, 2020, added a petition route for certain misdemeanor convictions, but that route excludes serious traffic offenses.

“O.C.G.A. § 35-3-37 (h)(1)(A)(ii) directs the Georgia Crime Information Center (GCIC) to restrict access to criminal history records when there is no final disposition provided to GCIC after certain time periods.”

Where it is filed, and what it costs

The three-section form covers one arrest date. Section One is completed by the applicant, Section Two by the arresting agency, and Section Three by the prosecutor. If the prosecutor approves, the approved form goes to the Georgia Crime Information Center with a $25 fee by money order or certified check. Arresting agencies may charge their own processing fee of up to $50. Incomplete applications or those missing the fee are returned.

“Applicants may send the approved Request to Restrict Arrest Record form and $25.00 fee (money order or certified check payable to “Georgia Bureau of Investigation”)”

Whether a cleared DUI still counts as a prior

Because a DUI conviction is excluded from record restriction, nothing removes it from the count of priors. The Department of Driver Services Traffic Court Reference Manual measures repeat DUI convictions over five years from arrest dates, so a later offense within that window is treated as a second conviction with longer license consequences.

“Note: If there is a DUI conviction within five (5) years as measured from arrest dates, then the license consequences would be found in the next section as this would be considered a second (2nd) conviction.”

The statute: O.C.G.A. § 35-3-37

“so as to expand the ability of certain individuals to request record restriction for certain misdemeanor and conditional discharges; to provide for excluded offenses”