Georgia

Discussion

Georgia: First Offender Act Adds Record-Sealing Enhancements

Effective July 1, 2026, HB 162 amends the state’s First Offender Act to restrict and seal first offender court records at the time the sentence is received rather than when the sentence is fully completed. This means criminal background checks appearing on consumer reports will not and should not include such sealed information. There are limited exceptions when the background check is for criminal justice agency employment, disclosures required by federal or state law, firearm transfer or license determinations, or work that involves interacting with children, the elderly, and vulnerable populations. Georgia employers should be careful not to use such sealed information when evaluating applicants and employees if it inadvertently appears on a criminal records check.

 

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