Restricting Records under the Youthful Offender Law

 In addition to juvenile delinquency cases, where juveniles can seek to seal their record, Georgia also permits "youthful offenders" (persons under 21) to restict records of convictions under certain circumstances. This category of record sealing deals with cases that were handled in adult, not juvenile court, and only applies to certain misdemeanor charges. 

​Under Georgia law, you must have successfully completed your sentence, and since the completion of the sentence, cannot have been arrested for any offense for 5 years (other than minor traffic violations). Moreover, restriction is not available for all offenses. The list below provides some examples of offenses that are not eligible for restriction:

• Serious traffic offenses (DUI, reckless driving, aggressive driving, fleeing/attempting to elude, serious injury by vehicle, vehicular homicide)
• Theft (Shoplifting is not included in this category)
• Sex Crimes

Some examples of cases that are eligible are shoplifting, tresspassing, simple battery, or possession of certain drugs (or alcohol). In order to seek the restriction of your conviction as youthful offender, you will have to file a request in the Superior Court in the county where the case occurred. After filing your request with the clerk's office, you must then serve a copy to the District Attorney's office.  Your petition may be approved without a hearing, but in some cases, the court or prosecutor may request a hearing.  They are limited to 90 days to hold the hearing. 

In making the decision to restrict your record, the court will focus on 2 things:
1. The nature of your conduct since your conviction, and
2. The public's interest in having access to the record.

A person seeking to have this conviction restricted can demonstrate how they have moved forward in a positive manner. This can be demonstrated by providing documentary and character evidence, as well as through bringing character witnesses to court.  If you think you or child might be a candidate for this type of restriction, I suggest first running a criminal background or locating your court paperwork to determine if the specific charge falls under this category for restriction.