Expungement and removal of a conviction: timelines and procedure

Expunging a criminal record is crucial for many people because it affects employment, obtaining licenses, visas, and other rights. In this article, we will explain what a criminal record is, when it is automatically expunged upon expiration, and when it can be expunged early through a court order under Georgian law.

What is a conviction?

A criminal conviction is a legal status that arises for a person upon the entry into legal force of a guilty verdict and continues until its expungement or cancellation. Article 79 of the Criminal Code of Georgia regulates a criminal conviction, its expungement and early cancellation. A criminal conviction is taken into account when determining criminal liability, the qualification of a crime, and the imposition of a sentence.

Why is decluttering important?

An active criminal record can be an obstacle to employment in certain positions, obtaining licenses or permits, and in some cases, traveling abroad. That's why it's important to know whether your criminal record is already being expunged and at what stage you are.

Dissolution by expiration

A conviction is expunged automatically after the expiration of the period established by law, without additional application. The period depends on the category of the crime committed and the severity of the sentence imposed: for minor crimes, the period is relatively short, and for serious and especially serious crimes, it is longer. The exact periods vary depending on the categories, therefore, in a specific case, it is advisable to check the current wording of Article 79 or consult a lawyer, as the law may have been amended.

If a convicted person is released from prison early, or his or her unserved sentence is commuted to a lighter sentence, the period of parole shall be counted from the date of the actually served sentence or lighter sentence.

Early dismissal through court

If a person has behaved irreproachably after serving their sentence, the court may, at their request, expunge the conviction before the expiration of the expungement period. This does not happen automatically; an application and evidence of the person's positive character are required.

What does the court assess?

The court, as a rule, takes into account the length of the past period, the absence of new offenses, the person's behavior, activities, and other factual circumstances. The decision is individual.

Criminal record certificate: how to obtain it

A certificate of conviction is issued by the Service Agency of the Ministry of Internal Affairs. You can request a certificate from:

• at the House of Justice and community centers;
• Online, through the authorized portal (my.gov.ge);
• With an identity document and payment of the prescribed fee.

The certificate can be issued either in full or for a specific purpose, such as employment, visa or license. The exact fee and processing time depends on the speed of the service.

Frequently Asked Questions

Does the conviction appear on the certificate after expungement?

An expunged or expunged conviction usually no longer has legal consequences. However, for certain legally defined purposes, information may still be disclosed, so you should clarify the specific type of information in advance.

Can I request early withdrawal at any time?

The request is possible after the sentence has been served and the person has a positive character. Early release is at the discretion of the court.

If you want to have your conviction expunged early or need assistance with obtaining a certificate and the procedure, our lawyers will help you evaluate your case and prepare your application.

This material is for general informational purposes only and does not constitute legal advice. For specific cases, please consult a qualified attorney. — Legal.GE NewsMaker