When an individual was convicted in this state of a misdemeanor or a series of misdemeanors arising from a single incident, provided that such conviction was not for any offense listed below, and such individual has completed the terms of his or her sentence and has not been convicted of any crime in any jurisdiction for at least four years prior to filing a petition, excluding any conviction for a nonserious traffic offense, and provided, further, that he or she has no pending charged offenses, he or she may petition the probate court in which the conviction occurred to restrict access to criminal history record information. The probate court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The probate court judge shall hear evidence and shall grant an order restricting such criminal history record information if it determines that the harm otherwise resulting to the individual clearly outweighs the public’s interest in the criminal history record information being publicly available.

• Record restriction under this subsection shall not be appropriate if the individual was convicted of:
• Family violence simple assault in violation of subsection (d) of Code Section 16-5-20, unless the individual was a youthful offender;
• Family violence simple battery in violation of subsection (f) of Code Section 16-5-23, unless the individual was a youthful offender;
• Family violence battery in violation of subsection (f) of Code Section 16-5-23.1, unless the individual was a youthful offender;
• Public indecency in violation of subsection (b) of Code Section 16-6-8;
• Keeping a place of prostitution in violation of Code Section 16-6-10;
• Pimping in violation of Code Section 16-6-11;
• Pandering by compulsion in violation of Code Section 16-6-12;
• Obstructing or hindering persons making emergency telephone call in violation of Code Section 16-10-24.3;
• Peeping Toms in violation of Code Section 16-11-61;
• Any offense related to minors generally in violation of Part 2 of Article 3 of Chapter 12 of Title 16;
• Theft in violation of Chapter 8 of Title 16; provided, however, that such prohibition shall not apply to a misdemeanor conviction of shoplifting or refund fraud in violation of Code Section 16-8-14 or 16-8-14.1, as applicable; or
• Any serious traffic offense in violation of Article 15 of Chapter 6 of Title 40.