A felony conviction on your record can make it difficult to find work and housing, contributing to higher recidivism rates.
The process of deleting a record can be difficult to navigate. Organizations such as the Georgia Justice Project offer free legal record deletion services to those with a criminal conviction.
GJP attorney Tiffany Gordon says deleting a file can help her clients improve their overall quality of life.
“A lot of those that we’re seeing are people with employment problems who couldn’t get a job because they had a felony on their record, they have housing issues and couldn’t get a license to work because they have a felony on their record,” Gordon said .
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We spoke to Gordon and GJP Pro Bono Coordinator Erin Donohue-Koehler to help you understand the steps and what to expect from the process.
Where should I start?
There is a two-step process in the state of Georgia to have a record of your felony conviction deleted.
The first step is a pardon granted by the State Board of Pardons and Paroles. The full pardon process can take the board anywhere from six to nine months, depending on the number of cases, while they review the information in your application and confirm your eligibility.
A pardon is an official forgiveness order issued by the state. Even with your pardon, your felony conviction remains part of the public record.
The second step is to restrict and seal the record of your conviction. When this is complete, private background-checking companies, often used by landlords and employers, will no longer be able to retrieve records of the conviction. However, records that have been restricted and sealed are still accessible to judges and law enforcement.
Are you entitled to a pardon?
To get a general pardon, you must be disabled for five years. That means it’s been five years since you were incarcerated, on parole, or on parole. For a registered sex offender to be pardoned, you must have been unemployed for 10 years.
You must have no open legal cases or pending charges. Likewise, you must have lived a law-abiding life, meaning you have no other criminal convictions, in the five years preceding your request for clemency.
What happens after I have submitted my application?
Before you can be granted a pardon, you will be interviewed by a clerk on the State Board of Pardons and Paroles. Often they will try to arrange the interview at your home.
This happens after your application has been processed and your eligibility confirmed. Eligibility is not a guarantee that you will be pardoned, and your meeting with the clerk will be factored into the board’s decision to grant the pardon.
“For many of our clients it can be almost re-traumatizing to think back on this time in their lives as it was likely a very traumatic time for them. Therefore, answering the questions honestly and in a way that makes your application convincing can be a real challenge. Unfortunately, this is not the time to dispute the state’s asserted facts,” Donohue-Koehler said.
While your conviction will be a matter of debate, your guilt or innocence does not affect your pardon.
This is the same agency that oversees parole hearings, and Donohue-Koehler said they look for applicants who take responsibility for their actions and show rehabilitation.
“Try to stick to the facts as much as possible and try to keep your answers short and answer the questions they ask,” she said.
How can I have my file locked and sealed?
This is a two-step process that you can apply for after receiving your pardon. Restriction refers to the official Georgia criminal history record maintained by the state at the Georgia Crime Information Center. The seal refers to the court records of your case.
Restriction and sealing means your criminal records are no longer publicly available. This means that private background verification companies, which are most commonly used by employers, cannot see your criminal record. However, being restricted and sealed does not prevent law enforcement or a judge from viewing your records.
Not all crimes are eligible for restriction and sealing. Prohibited convictions include: murder/crime murder, armed robbery, kidnapping, rape, aggravated child abuse, aggravated assault with intent to rape, false imprisonment (victim under the age of 14 and not your child), bestiality, statutory rape and child molestation.
There are some exceptions.
For example, your record may be cleared and then restricted and sealed if your conviction was a direct result of human, sex or labor trafficking. Even if your conviction was not a direct result of human trafficking but occurred during human trafficking, you can apply to the court to have the file restricted and sealed.
Who makes the final decision?
The State Board of Pardons and Paroles is a five-member body appointed by the governor. They make all decisions about pardons and record restrictions and sealings. If you are denied the pardon for a reason unrelated to eligibility, you can reapply in two years.
“If the board refuses to pardon someone who meets all of the criteria, they don’t provide a reason,” Donohue-Koehler said. “If they qualify and are rejected, all we can say to them is that you can reapply in two years.”
One thing to keep in mind is the First Offender Act.
People who plead guilty or are found guilty can ask the judge to try them under the First Offenders Act. This means that after the sentence has been served, the charges are automatically sealed by the court.
If you were unaware of the First Offender Act at the time of your conviction, you can file an application after the fact and have your charges sealed by the court.
There are certain convictions that do not qualify as first-time offenders, including DUI and human trafficking charges, neglect of the disabled or elderly, child pornography, and serious violent or sexual offenses.
What are the advantages?
Often employers are reluctant to hire people with a criminal conviction because they fear increased legal liability if something happens at work. However, employers are protected from additional liability if you have been granted a pardon.
With a pardon, you automatically receive restoration of civil and political rights, which means you can run for public office, sit on a jury, and become a notary. You can request that your pardon include restoration of firearms rights; if it is not specifically included in your pardon, you must apply for it separately.
Georgian law also states that a person convicted of a crime may be refused or revoked a license to conduct business or work.
How can you get help?
On the first Friday of every month, GJP hosts a Virtual Criminal Records Clinic from 10am to 11:30am
To apply for legal services from GJP, you must register and attend a free Friday clinic. They will be accepting new applications from Monday, January 2nd, 2023.
For questions about the program, please contact injection@gjp.org or (404) 827-0027 ext. 238
