Can My Criminal Record be Restricted if I Pled Guilty Under the Conditional Discharge Act?
Recently, Georgia law changed in regards to the ability of other persons to discover whether you pleaded guilty to a first offense charge. That change leads to the question, “Can my criminal record be restricted if I pled guilty under the Conditional Discharge Act?”
Under the Conditional Discharge Act (O.C.G.A § 16-13-2) certain first time drug offenders can plead guilty, but if they successfully complete their sentence, they are discharged without conviction. Beginning on July 1, 2013, those individuals who have been discharged under the Conditional Discharge Act qualify for record restriction. If you were arrested and sentenced under the Conditional Discharge Act before July 1, 2013, you must complete an application for restriction. If you are arrested and sentenced after July 1, 2013, your charges are restricted upon successful completion of your sentence as soon as the appropriate disposition is entered by the clerk of court or prosecutor.