The Concept of a Conviction Record and Why It Matters
For a convicted person, the serving of the sentence is not the end of the matter: from the day a guilty judgment enters into force until the conviction record is expunged or removed, the person is deemed to have a conviction, and the law directs that the record be taken into account when questions of criminal liability, of the qualification of an offence, and of measures of criminal-law influence are decided. In practice this means that a served sentence continues to operate both in any new case and in ordinary life — in employment, in licensing, in travel. Readers should note that the Georgian title of this page is a garbled machine translation flagged for editorial correction; the actual subject of the page is exactly what its Russian title says — the consequences of a conviction: what the record still triggers, how it is expunged by the passage of time, and how it can be removed early. What follows is grounded in the norms of the Criminal Code of Georgia on this subject.
The Time Periods for Expungement of the Record
The law provides that a person released from punishment is deemed to have no conviction record, while for a punished person the record is expunged after a defined period that depends on the category of the crime and the type of sentence. For a conditionally convicted person the record is expunged after the expiry of the probationary period. For a person sentenced to a punishment lighter than imprisonment — one year after the sentence has been served. For a person sentenced to imprisonment for a less-grave crime — three years after serving; for a grave crime — six years; and for an especially grave crime — eight years. Where the convict was released before the expiry of the term in the manner established by law, or the unserved part was replaced by a lighter type of punishment, the expungement period is calculated respectively from the term actually served or from the moment of serving the replaced punishment. Once expunged or removed, the record is no longer taken into account in deciding questions of liability, qualification or measures of criminal-law influence — the person stands before the law as though the conviction had never existed.
Early Removal of the Record and the Link with Recidivism
The Code also provides for early removal: where the convict has behaved irreproachably after serving the sentence, the court may, at the person's request, remove the conviction record before the expiry of the expungement period. This institution matters in practice for persons who have lived blamelessly for a long time after serving the sentence but for whom the official record remains an obstacle. A second direction is recidivism. Recidivism means the commission of an intentional crime by a person previously convicted of an intentional crime; in establishing recidivism, the law excludes a conviction for a crime committed under the age of eighteen, as well as a conviction record that has been removed or expunged. Where recidivism is established, a harsher sentence may be imposed on the grounds and within the limits provided for by the Code — which is why the status of the record in each prior case is directly linked to exposure in a new one, and why an accurate inventory of prior convictions and their expungement status is the starting point of any analysis.
Pardon — the Individual Act of the President
The Code treats pardon as a separate route. Pardon is exercised by the President of Georgia with respect to an individually determined person, in the procedure established by a decree of the President. By an act of pardon the convict may be released from further serving of the sentence, or the sentence imposed may be reduced or replaced by a lighter type of punishment; and for a person who has served the sentence, the act of pardon may remove the conviction record. It is this last effect that deserves attention: alongside expungement by the passage of time, pardon is the only route by which a conviction record disappears before its time. The separate court-ordered expungement procedure known in the United States does not exist in Georgian criminal law — the record is expunged automatically with the passage of the statutory period, while early removal is possible only by a court decision on the basis of irreproachable conduct, or by an act of presidential pardon.
Frequently Asked Questions
Below we answer the most common questions about the conviction record and its expungement.
When is a person deemed to have a conviction record?
From the day a guilty judgment enters into legal force until the record is expunged or removed; a person released from punishment is deemed to have no record.
After what period is the record expunged?
For a conditional convict — after the probationary period; for a lighter punishment — after one year; imprisonment for a less-grave crime — three years, for a grave crime — six years, for an especially grave crime — eight years.
Can the record be removed before the period expires?
Yes — on the basis of irreproachable conduct, by the court at the person's request; and for a person who has served the sentence, the record may be removed by an act of presidential pardon.
Is an expunged record counted for recidivism?
No — a removed or expunged record, like a conviction for a crime committed under the age of eighteen, is not taken into account in establishing recidivism.
How We Help on Legal.ge
Determining the status of a conviction record, calculating expungement periods or preparing a request for early removal requires both precise knowledge of the Code and access to the documents of the prior cases. On Legal.ge you can consult an experienced criminal lawyer who will assess your situation, help you prepare an application for removal or pardon, and protect your rights in court. Fill in the request form on the site and receive qualified assistance.