On August 5, 2020, Georgia Governor Brian Kemp signed legislation that allows qualifying individuals the opportunity to have certain criminal convictions restricted from public access through a petition process. This bill is in addition to the state’s existing Georgia’s First Offender Act that allows first time offenders to have records sealed upon successful completion of the First Offender’s Program. SB 288 goes into effect on January 1, 2021.
Under SB 288, individuals convicted of certain misdemeanors offenses are eligible to petition for those records to be sealed four years after any terms of sentencing or conditions of probation have successfully been completed, including completing a drug program, mental health treatment or veterans treatment program.
Additionally, individuals may not have been convicted of any crime or have pending charges in any jurisdictions—excluding nonserious traffic offenses—for at least four years prior to filing a petition. The program is limited to two misdemeanor convictions, or a series of misdemeanors arising from a single incident.
Restricted record information will still be accessible to judicial officials or criminal justice agencies for employment purposes.
Restricting or expunging records is another legislative effort aimed at providing offenders second chances by reducing barriers to employment. Beyond that, many states also have laws that prohibit employers from requiring candidates to disclose expunged records during the application process. Our complimentary 50 State Guide is available for download and delves into those laws by state.
Quick Overview
A criminal record that is restricted--also known as sealed or expunged—is generally no longer publicly available information that will show up on a criminal background check. Advocacy groups, like the Georgia Justice Project and the Metro Atlanta Chamber, supported this legislation because it provides second chances to individuals with criminal pasts by reducing barriers to gaining employment.Under SB 288, individuals convicted of certain misdemeanors offenses are eligible to petition for those records to be sealed four years after any terms of sentencing or conditions of probation have successfully been completed, including completing a drug program, mental health treatment or veterans treatment program.
Additionally, individuals may not have been convicted of any crime or have pending charges in any jurisdictions—excluding nonserious traffic offenses—for at least four years prior to filing a petition. The program is limited to two misdemeanor convictions, or a series of misdemeanors arising from a single incident.
The Limitations
There are limitations on what types of offenses are eligible for petition as well. For example, sexually motivated crimes, crimes against children and crimes involving family violence are barred from expungement. Although the bill primarily focuses on misdemeanor offenses, it does have provisions for sealing felony convictions for individuals who have received Pardon from the State Board of Pardons given the offenses were not violent or sexual in nature.Restricted record information will still be accessible to judicial officials or criminal justice agencies for employment purposes.
Additional Information
Importantly for employers, SB 288 also offers protections in civil proceedings based on an employee or former employee’s conduct. In these situations, the individual’s criminal history information is not admissible if: (i) the nature of the criminal history is not relevant to the facts or truthfulness of the witness, (ii) the criminal history was restricted or sealed, or a pardon was granted, prior to the act leading to the proceedings, or (iii) the criminal history information is for an arrest or charge that did not lead to a conviction.Restricting or expunging records is another legislative effort aimed at providing offenders second chances by reducing barriers to employment. Beyond that, many states also have laws that prohibit employers from requiring candidates to disclose expunged records during the application process. Our complimentary 50 State Guide is available for download and delves into those laws by state.