Juvenile Delinquency in Georgia: Can a Teen’s Record Be Sealed?

Understanding Juvenile Records

When a teen is adjudicated delinquent in Georgia, it means the juvenile court has found that the child committed an act that would be a crime if committed by an adult (or another delinquent act). That adjudication, and associated records (police reports, court files, probation documents), can follow the youth for years—impacting education, job applications, and more.

One of the key protections in Georgia’s juvenile law is the ability, in many cases, to seal those records so they are not publicly accessible. Sealing a record doesn’t mean the case “vanishes,” but it restricts who can see or use it. For many families, sealing provides a critical second chance.

In this post, we’ll walk through when and how a juvenile record may be sealed in Georgia, what the long-term effects are, common misunderstandings, and how an experienced juvenile defense attorney can help to make a real difference.

Can Juvenile Records Be Sealed or Expunged in Georgia?

Sealing vs. Expungement vs. Restriction: What They Mean

• Sealing means that court files and records are no longer publicly accessible; for most purposes, the case is treated as if it never occurred.

• Expungement is often thought of as total erasure, but Georgia does not use the term “expungement” for juvenile court cases in the sense of destroying all records.

• Restriction / record restriction is a related concept used more in adult criminal law to limit public access to certain records.

In Georgia juvenile court, the law provides for sealing of files and records under OCGA § 15-11-701 and related statutes.

Georgia’s Specific Rules for Juvenile Record Sealing

• When the court dismisses a petition or handles a case by informal adjustment (mediation, diversion, etc.), the law requires the court to seal the record automatically.

• If the youth is adjudicated delinquent, they (or the court) can apply to seal the record after certain conditions are met, through a hearing.

• Once the sealing order is entered, the law states that the proceeding is to be treated as if it never occurred: index references are deleted, and parties must respond as though no record exists when asked in most contexts.

• Some records remain explicitly protected or segregated—juvenile records must be kept separate from adult criminal arrest files.

Eligibility Criteria for Sealing Juvenile Records

To successfully petition for sealing of a juvenile delinquency adjudication in Georgia, several criteria generally must be met:

1. Time Since Final Discharge
   The law requires two years to pass since final discharge of supervision (probation, DJJ commitment, etc.).

2. Clean Record Since Discharge
   After that discharge, the youth must not have been convicted of a felony, not have been convicted of a misdemeanor involving moral turpitude, and not have another delinquency adjudication or pending action.

3. Rehabilitation
   The court must be satisfied that the person has been rehabilitated. This is discretionary—meaning the judge has the final say.

4. Type of Offense
   Most delinquency adjudications are eligible; there is a special provision for sexual crimes under certain circumstances, if trafficking or exploitation are involved, that allow sealing under stricter conditions.

5. No Pending Proceedings
   The youth must not have any pending adjudication or criminal charge ongoing at the time of petition.

Note: If a juvenile case was never adjudicated (e.g. via informal adjustment or dismissal), no petition is needed—the record is sealed by operation of law.

The Records Sealing Process in Georgia

Here’s roughly how the process works in practice:

1. Prepare Petition / Application
   The youth (or their attorney) files a motion or application in the juvenile court that handled the case, asking to seal the record. The petition typically includes: case information (case number, judgment date); proof of discharge date; records of subsequent charges (showing none); evidence of rehabilitation (school, employment, community involvement, etc.)

2. Notification / Notice of Hearing
   The court must give reasonable notice to: the prosecuting attorney; Georgia Department of Juvenile Justice (if involved); law enforcement agencies holding the records; the authority that granted discharge (if institutional or parole)

3. Sealing Hearing
   At the hearing, the judge may ask questions of the youth, review objections from the prosecutor, and consider evidence of rehabilitation and conduct.

4. Court Decision / Order
   If the judge grants sealing, an order is entered that directs agencies, courts, and law enforcement to treat the case “as if it never occurred.” Index entries are deleted. Copies of the sealing order must be sent to all relevant agencies including the Georgia Crime Information Center (GCIC).

Common Misunderstandings & FAQs

• “Does sealing erase the record completely?”
  No. The case is treated as if it never occurred in most public contexts, but records are not physically destroyed—they are simply restricted.

• “Can sealed records ever be reopened or accessed?”
  In limited circumstances, the court may allow inspection or access for official purposes. The sealing statute allows for that by petition.

• “What if my petition is denied?”
  You may be able to appeal or refile later, especially if new evidence of rehabilitation emerges. An attorney can advise on the best timing and strategy.

• “Does juvenile record sealing happen automatically when turning 18?”
  No. Records do not automatically seal at adulthood; you must request sealing or rely on statutory provisions.

• Who Can Still Access Sealed Records?
  Qualified persons, like law enforcement, courts, or certain agencies, may still access sealed records under narrow circumstances. Also, some sealing statutes allow the court, upon petition, to grant exceptions for inspection.

One important caveat: some records, like those held by the Georgia Department of Driver Services (DDS) or completely separate records not under juvenile court control, may not be erased by sealing.

How a Juvenile Defense Attorney Can Help Protect Your Teen’s Future

An attorney’s role in the sealing process covers several important steps. First, a lawyer can carefully analyze the juvenile’s record, identify any issues that might disqualify the case, and advise on the best timing to file a petition. They also handle the drafting and filing of the petition itself, making sure that all legal requirements are met to avoid delays or objections from the court or prosecutor.

During the hearing, the attorney advocates on behalf of the juvenile, presenting evidence of rehabilitation and countering any arguments raised by the state. After a successful sealing order is issued, the lawyer ensures proper follow-up by confirming that all relevant agencies—such as the courts, the Georgia Crime Information Center (GCIC), and law enforcement—implement the order correctly.

Having an experienced attorney oversee each stage greatly increases the likelihood that the court will view the case favorably and ensures that no procedural missteps undermine the sealing process.

Sealing a juvenile record in Georgia is not just legal “cleanup”—it’s about giving a young person room to move forward without being held back by past mistakes. Time is a factor, but proactive steps and proper legal support make a real difference.

If you or your child have a juvenile record and believe sealing may be possible, don’t wait. Consult a Georgia juvenile defense attorney who understands the local courts and statutes. The sooner the sealing process begins, the sooner your teen’s past can truly become a chapter, not a burden.