IN THE SUPERIOR COURT OF [COUNTY] COUNTY

STATE OF GEORGIA

PETITION FOR RECORD RESTRICTION (EXPUNGEMENT) AND SEALING

(O.C.G.A. § 35-3-37)

Court File No.: ______

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies (Litigation-Adapted)
VII. Risk Allocation (Not Applicable)
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Parties
   1.1 Petitioner: [PETITIONER FULL LEGAL NAME], an individual whose date of birth is [DOB] and whose last known address is [ADDRESS].
   1.2 Respondents:
   a. [COUNTY] County District Attorney’s Office (“District Attorney”);
   b. Georgia Bureau of Investigation, Criminal Information Center (“GBI-GCIC”); and
   c. Any law-enforcement agency or clerk of court identified in Exhibit A hereto (collectively, “Custodial Agencies”).

2. Jurisdiction & Venue
   This Court has jurisdiction under O.C.G.A. § 35-3-37 and Article VI, § 4, ¶ I of the Georgia Constitution. Venue is proper in [COUNTY] County because the criminal matter at issue originated and was disposed of in this county.

3. Recitals
   A. Petitioner was arrested on [ARREST DATE] by [ARRESTING AGENCY] under case number [CASE/ARREST NO.].
   B. The charges disposed of on [DISPOSITION DATE] were: [LIST OFFENSES & CODE SECTIONS].
   C. Petitioner satisfies all statutory prerequisites for record restriction and sealing, including applicable waiting periods, absence of disqualifying convictions, and fulfillment of all sentence conditions.
   D. Petitioner now seeks an order restricting and sealing the referenced criminal records to secure employment, housing, and civic opportunities.

[// GUIDANCE: Recitals should track the statute’s language as closely as facts allow.]

II. DEFINITIONS

For purposes of this Petition and any resulting Order, capitalized terms have the meanings set forth below:

“Custodial Agencies” – Collectively, each law-enforcement, prosecuting, supervisory, or clerical agency identified in Section I.1.2 and Exhibit A that maintains any portion of the Criminal Records.

“Criminal Records” – All records relating to Petitioner’s arrest, booking, charging, prosecution, disposition, supervision, and post-disposition compliance for the Eligible Offense(s).

“Eligible Offense(s)” – The misdemeanor or felony offense(s) identified in Section I.3.B that are statutorily eligible for record restriction under O.C.G.A. § 35-3-37.

“Record Restriction” – The administrative and judicial action of making Criminal Records unavailable to the public while permitting limited access as provided by law.

“Sealing” – The removal of public access to court-generated records pursuant to O.C.G.A. § 35-3-37(m).

III. OPERATIVE PROVISIONS

3.1 Petition for Relief
Petitioner respectfully petitions this Court to:
a. Order the immediate Record Restriction and Sealing of the Criminal Records;
b. Direct the District Attorney to transmit the sealing order to the GBI-GCIC within ten (10) days;
c. Direct each Custodial Agency to restrict dissemination of the Criminal Records except as authorized by O.C.G.A. § 35-3-37(n); and
d. Grant such other and further relief as the Court deems just and proper.

3.2 Statutory Basis
This Petition is brought pursuant to O.C.G.A. § 35-3-37, including but not limited to subsections (d) through (j) (record restriction) and subsection (m) (sealing of court records).

3.3 Compliance With Waiting Period
A minimum of [X] years has elapsed since final disposition, satisfying the waiting period prescribed by O.C.G.A. § 35-3-37(h)(2).

3.4 Notice to Prosecutor
Concurrently with filing, Petitioner has served the District Attorney in accordance with O.C.G.A. § 35-3-37(j).

IV. REPRESENTATIONS & WARRANTIES

4.1 No Subsequent Disqualifying Convictions
Petitioner represents that he/she has not been convicted of any felony offense or any misdemeanor of a disqualifying nature during the statutory waiting period.

4.2 Completion of Sentence
Petitioner warrants that all terms and conditions of the sentence—including fines, restitution, probation, community service, and classes—were completed on or before [COMPLETION DATE].

4.3 Accuracy of Information
Petitioner affirms that all factual statements in this Petition and any supporting affidavits are true, correct, and complete to the best of Petitioner’s knowledge and belief.

4.4 Survival
These representations and warranties shall survive the entry of any Order granting the requested relief.

V. COVENANTS & RESTRICTIONS

5.1 Future Conduct
Petitioner covenants to comply with all federal, state, and local laws and to refrain from conduct that could jeopardize the integrity of the restricted/sealed records.

5.2 Notification Obligation
Petitioner agrees to notify the District Attorney promptly should any representation herein become materially inaccurate prior to entry of the Order.

VI. DEFAULT & REMEDIES (Litigation-Adapted)

6.1 Respondent Default
Failure of any Respondent to file a timely objection under O.C.G.A. § 35-3-37(j) shall constitute consent to the relief requested.

6.2 Remedies
a. If the Court grants this Petition, any unauthorized dissemination of the restricted/sealed records by a Custodial Agency shall entitle Petitioner to seek statutory penalties and injunctive relief.
b. Attorney’s Fees: In the event Petitioner must bring an enforcement action, the Court may award reasonable attorney’s fees pursuant to O.C.G.A. § 35-3-37(o).

VII. RISK ALLOCATION

Indemnification, liability caps, and insurance requirements are inapplicable to this Petition and therefore intentionally omitted.

VIII. DISPUTE RESOLUTION

8.1 Governing Law
This Petition and any Order issued hereunder are governed by the laws of the State of Georgia.

8.2 Forum Selection
Exclusive jurisdiction lies in the Superior Court of [COUNTY] County, Georgia.

8.3 Arbitration & Jury Trial
Neither arbitration nor jury trial is available or applicable to this statutory proceeding.

8.4 Injunctive Relief
The relief requested herein—Record Restriction and Sealing—constitutes statutory injunctive relief.

IX. GENERAL PROVISIONS

9.1 Amendment
This Petition may be amended only with leave of Court.

9.2 Severability
If any provision of this Petition is found unenforceable, the remaining provisions shall remain valid to the fullest extent permitted by law.

9.3 Integration
This Petition, together with all exhibits and verification, constitutes the entire pleading for the requested relief.

9.4 Electronic Filing & Signatures
Electronic filings and signatures are hereby authorized to the fullest extent permitted by local rules and O.C.G.A. § 10-12-1 et seq.

X. EXECUTION BLOCK

Respectfully submitted this ___ day of ____, 20__.

[PETITIONER NAME]
Petitioner, Pro Se/By Counsel

[LAW FIRM NAME, if any]
[ADDRESS]
[PHONE] | [EMAIL]
Georgia Bar No. [BAR NO.]

VERIFICATION

I, [PETITIONER NAME], being duly sworn, do depose and say that I am the Petitioner in the foregoing action; that I have read the foregoing Petition and know the contents thereof; and that the facts stated therein are true and correct to the best of my knowledge and belief.

[PETITIONER NAME]

Sworn to and subscribed before me
this ___ day of ____, 20__.

Notary Public
My Commission Expires: ____

CERTIFICATE OF SERVICE

I hereby certify that I have this day served a true and correct copy of the foregoing Petition by [hand delivery / certified mail / statutory e-service] upon:

1. [NAME], District Attorney
   [ADDRESS]

2. [Any Additional Respondent]
   [ADDRESS]

This ___ day of ____, 20__.

[PETITIONER OR COUNSEL]

EXHIBIT A – LIST OF CUSTODIAL AGENCIES

1. Clerk of Superior Court of [COUNTY] County
2. [ARRESTING AGENCY] Records Division
3. Georgia Bureau of Investigation, GCIC
4. [Any Probation Office]
5. [Additional Agency]

[// GUIDANCE: Add or remove agencies so every entity holding a record receives clear direction.]

[PROPOSED] ORDER GRANTING PETITION FOR RECORD RESTRICTION AND SEALING

(Submit as a separate document or include beneath this line per local rule)

[// GUIDANCE: Most courts require a proposed order. Mirror statutory language: identify each agency, direct GCIC update, and clarify lawful access exceptions.]