Restriction and Vacatur Forms

On June 29, 2020, Governor Brian Kemp signed SB 435, known as “The Survivors First Act.” The law became effective immediately upon signing. SB 435 creates remedies for individuals to clean up their Georgia criminal history if they are survivors of sex or labor trafficking, as defined in O.C.G.A § 16-5-46. Specifically, SB 435 gives trafficking survivors the opportunity to either vacate their convictions if the conviction was a direct result of the trafficking, or restrict access to their record if the arrest was while they were being trafficked. These new remedies will remove individuals’ barriers to employment, housing and other opportunities, as well as hopefully help heal the trauma they have experienced.

If you have been convicted of a criminal offense while being trafficked or as a result of being trafficked, you may petition for vacatur and/or record restriction. The forms you will need to petition for vacatur or record restriction are provided to you below. Please read the following disclaimer as it pertains to filling out the forms. If you are in need of assistance, please refer to the additional resources listed at the bottom of this page.

Disclaimer

The Georgia Office of the Attorney General does not, and indeed by law, cannot provide legal advice to private citizens. Therefore, it is strongly recommended that you consult an attorney to discuss your case and how the law applies to your particular situation.

If there is any question in your mind concerning this form, the use of this form or your legal rights, it is strongly recommended that you consult a properly licensed attorney. If you do not know an attorney and you live in the State of Georgia, you may wish to visit the State Bar of Georgia’s website at www.gabar.org to locate a licensed attorney. Otherwise, contact your local Bar Association or Legal Aid.

Additional Resources

Georgia Justice Project

Phone: (404) 827-0027

Website: www.gjp.org

 

Street Grace

Phone: (678) 809-2111

Email: [email protected]

Website: www.streetgrace.org

 

Wilbanks CEASE Clinic

University of Georgia School of Law

Phone: (706) 227-5421

Email: [email protected]

Website: http://cease.law.uga.edu/ or http://cease.law.uga.edu/survivors