This is a question which requires more explanation than one may expect. In Georgia, a Misdemeanor is defined as a crime that is punishable by a fine of not more than $ 1,000.00 or twelve (12) months in jail or both. More broadly, a misdemeanor is a crime which is not a Felony. Examples of misdemeanors are speeding, petty theft, simple assault, or possession of a controlled substance. Punishment, more specifically, is described in the Official Code of Georgia Annotated, O.C.G.A. 17-10-3 and 17-10-4.

The most common of these offences are drunken driving, speeding, petty theft and shoplifting, assault and battery, trespassing, minor sex crimes of prostitution, solicitation, trespassing, vandalism, and minor drug offenses.

In some states, misdemeanors are divided into three levels "A", "B" and "C" determined by their severity of the crime with "A" being the most serious level of misdemeanor. However, in Georgia, the classification of misdemeanors has only a secondary level of " a misdemeanor of high and aggravated nature." Convictions of this second class may include second convictions of some criminals known as repeat or habitual offenders or convictions of crimes of a high and aggravated nature. Crimes of a high and aggravated nature many times include victims of more vulnerable or protected members in the population such as: the elderly, a pregnant mother, a family member, law enforcement, hospital or school employee. In these cases, punishment may not exceed $5,000.00 and sentenced to confinement under the jurisdiction of the Board of Corrections of the State Department of Corrections for a term not to exceed twelve (12) months.

Fortunately for the defendant, the sentencing court retains jurisdiction of the case for the purpose to amend, modify, alter, suspend, or probate the sentences imposed under OCGA 17-10-4 at any time but, does not have authority to increase either the fine or term of confinement.

In closing, Georgia has replaced the former expungement law with a new record clearing law (O.C.G.A. 42-8-62), which limits public access to first offender status when the procedure is followed. Most misdemeanors can be sealed as well as many pardoned felonies with the approval of the judge, who must sign an order sealing the record from background checks although the records will be available to law enforcement and the justice system.