Georgia Legal Rules and Regulations

Please note the City of Atlanta Georgia passed a “Ban The Box” ordinance in 2014. Under Georgia First Time Offender Law– Certain first offender crimes in which the offender has been discharged without court adjudication of guilt may not be reported. The law requires that a “notification of discharge and exoneration” is to be placed upon the record by the court. This discharge is not to be viewed as a conviction, and therefore may not legally be used to disqualify an applicant in employment. 

Arrest: Criminal history record information available to employers is defined to include arrests, detentions, indictments, accusations, information, or other formal charges, and any disposition there from. GA. Code Ann. § 35-3-30. Employers may not use arrest records that have been discharged under the First Offender’s Law when making an employment decision regarding a prospective employee. GA. Code Ann. § 42-8-63. Employers cannot obtain or use sealed records. 
GA. Code Ann. §§ 15-11-79.2, 35-3-37. 

Arrest: Employers may not use arrest records that have been discharged under the First Offender’s Law when making an employment decision regarding a prospective employee. Ga. Code Ann. § 42-8-63. Employers cannot obtain or use sealed records. Ga. Code Ann. §§ 15-11-79.2, 35-3-37. Certain first offender crimes in which the offender has been discharged without court adjudication of guilt are not reportable under Georgia law and a notification of discharge and exoneration is to be placed upon the record by the clerk of court. The discharge is not considered a conviction of a crime and may not be used to disqualify a person in any application for employment. 

Exception: Registration requirements with the state sexual offender registry will be followed, if applicable. GA Code §42-8-60 through 42-8-63 Conviction: Employers may not obtain or use convictions of those individuals who have had their convictions ex punged under Georgia’s probation of First Offender’s Law. Ga. Code Ann. § 42-8-63. The underlying facts of a criminal action or the employee’s guilty plea may, however, be used as the basis of an employment decision. 1986 Op. Att’y Gen. No. U86-25 Cobb County GA. Cobb county contains misdemeanor and felony criminal Information since 1999. Data may include Case Number, Case Type, Offense, Disposition Date, File Date, and Sentence Date. This data is updated monthly.

Richmond County GA. Richmond County data contains felony and misdemeanor criminal information since 2001. Data can include Arrest Date, Case Number, Offense Date, Status, Case Type, Offense Literal, Violation Code, Sentence Period, Disposition Stage, Fine, Disposition Date, Sentence, File Date, Disposition Method, Degree of Offense, Sentence Date, and Counts. Data is updated monthly. Georgia Bureau of Investigation Data contains information on more than 445,000 individuals who have been convicted on felony charges in Georgia since the early 1970s. Data may include name, DOB, offense, and disposition date. Georgia Parole Board File Data consists of individuals currently under the supervision of the GA. Parole Board. It does not include probationers or offenders that have completed sentences.

Georgia Dept of Corrections Department of Corrections records for statewide felony criminal convictions and guilty pleas of individuals sentenced to serve time, community service, or have received suspended sentence, parole, or probation at any state facility since 1979. Data represents over 1 million persons guilty of felonies and some state-level misdemeanors. Results may include offense, offense date, sentence, sentence date, probation, release date, as well as personal information including address, date of birth, height, weight, race, and sex. Georgia Sex Offender Georgia Sex Offender Registry records. Results may include offenders either released from prison or placed on probation, parole, or supervised release after July 1, 1996. Photos included. Obtaining Criminal History Record Information