State law provides for the restriction of certain criminal history records when approved by the prosecuting attorney.

The Official Code of Georgia Annotated §35-3-37(d) provides for the restriction of certain criminal history records when approved by the prosecuting attorney. Criminal history records cannot be restricted without the approval of the prosecuting attorney. If a person's case was adjudicated in the DeKalb County, State, or Superior courts, the applicant MUST submit a copy of their certified disposition along with their Record Restriction application to the Police Department.

The following procedures only pertain to applicants with an arrest date prior to July 1, 2013. Beginning on July 1, 2013, decisions regarding the eligibility for records restriction are made at the time of the Court session. If an applicant has a pending pre-trial diversion, he or she must bring completed documentation to the Municipal Court for the restriction process to be completed.

Procedure to Request Restriction (Expungement) of an Arrest Record

1. Complete the Request to Restrict Arrest Record Form and submit to the Dunwoody Police Department with the non-refundable $25.00 processing fee. Only cash or money orders (payable to City of Dunwoody) are acceptable forms of payment for the processing fee. Filing a request and paying the processing fee does not guarantee approval.

2. Upon receipt of a complete application for a request to restrict records and the processing fee, if the applicant’s case was presented in the Dunwoody Municipal Court, the Dunwoody Police Department will complete Section 2 and the request will be forwarded to the City of Dunwoody Solicitor for review. Please allow three months for completion of the approval process.

3. Upon receipt of a complete application for a request to restrict records and the processing fee, if the applicant’s case was presented in the DeKalb County Court, the Dunwoody Police Department will complete Section 2 and the request will be forwarded to the DeKalb County Court for review. Please allow one year for completion of the approval process. Please note: The applicant must provide a certified disposition of their charges, along with the application in order to process the application.

4. Following review by the court, an applicant who receives approval of his or her request is responsible for forwarding the approved request form with an additional $25.00 fee (money order or certified check payable to Georgia Bureau of Investigation) to the Georgia Crime Information Center (GCIC). The request form includes GCIC's mailing address.

If you have any questions regarding Record Restriction, please contact Police Services at 678-382-6919.

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