Georgia Background Check Laws (2026 Guide)

Overview of Georgia Background Check Laws

Georgia employers, landlords, and licensing agencies rely on background checks to evaluate applicants. The state balances public safety with second-chance policies through a combination of state statutes, executive orders, local ordinances, and federal law.

Understanding how these overlapping rules work is essential for anyone who runs background checks or is subject to one in Georgia. This guide covers the key laws that govern criminal history screening across employment, housing, and professional licensing.

Georgia background checks are primarily governed by O.C.G.A. Title 35, Chapter 3, which establishes the Georgia Crime Information Center (GCIC) within the Georgia Bureau of Investigation. The GCIC maintains the state's centralized criminal history database and sets rules for how records are accessed, shared, and restricted.

Ban the Box in Georgia

"Ban the Box" refers to policies that remove criminal history questions from initial job applications. Georgia's approach to Ban the Box operates on two levels: state government hiring and local ordinances.

State Government Executive Order (2015)

On February 23, 2015, Governor Nathan Deal signed an executive order prohibiting state agencies from asking about criminal history on initial employment applications. This made Georgia the first state in the South to adopt a Ban the Box policy for public employment.

The executive order includes several key provisions:

• Criminal history inquiries cannot occur until after the initial application stage
• A criminal record cannot serve as an automatic bar to state employment
• Applicants must have the opportunity to explain their criminal history and provide evidence of rehabilitation
• Sensitive government positions, such as law enforcement and corrections roles, are exempt

No Statewide Law for Private Employers

Georgia has not passed a statewide Ban the Box statute that applies to private employers. Private companies operating outside of cities with local ordinances may still include criminal history questions on initial job applications.

Local Ban the Box Ordinances

Several Georgia cities and counties have adopted their own fair chance hiring rules that extend beyond state employment:

Atlanta: The City of Atlanta adopted a fair chance hiring ordinance that applies to private employers with 10 or more employees. Under this ordinance, employers may inquire about criminal history only after determining that a candidate is otherwise qualified and after extending a conditional offer of employment. The ordinance was strengthened in 2022 to add criminal history status as a protected class under the city's anti-discrimination law.

Other jurisdictions with Ban the Box policies for public sector hiring include Albany, Augusta, Cherokee County, Columbus, Fulton County, Macon-Bibb County, Savannah, and South Fulton.

The Georgia First Offender Act

The Georgia First Offender Act (O.C.G.A. 42-8-60) is one of the most significant laws affecting background checks in the state. It provides a path for eligible first-time offenders to complete their sentence without a formal conviction appearing on their record.

How It Works

Under the First Offender Act, a judge may sentence a defendant as a first offender instead of entering a formal conviction. If the defendant successfully completes all terms of the sentence, including probation, fines, and any required programs, they are exonerated of guilt and discharged as a matter of law.

After successful completion:

• The charge is sealed from the official criminal history maintained by GCIC
• No formal conviction appears on the state criminal record
• The individual can legally state they have not been convicted of the offense in most situations

Limitations and Exceptions

The First Offender Act has important limitations that affect background checks:

Court records may still be visible. Even after discharge under the First Offender Act, court records can still appear in private background check databases that pull from court filings rather than the GCIC database. This means commercial background screening companies may still report the original charge.

Sensitive employment positions. Under O.C.G.A. 42-8-63.1, First Offender discharges can still be used to disqualify individuals from certain positions, including:

• Employment at public or private schools, child welfare agencies, or childcare providers (for sex offenses against children, child molestation, sexual exploitation, and related crimes)
• Employment at nursing homes, personal care homes, or elder care facilities (for sexual battery, incest, and related offenses)
• Peace officer certification and certified law enforcement positions (for felony offenses or crimes involving moral turpitude)

Additional restriction step required. To fully prevent a First Offender record from appearing on background checks, individuals must separately petition for record restriction under O.C.G.A. 35-3-37.

Retroactive First Offender Status

Under O.C.G.A. 42-8-66, individuals who were eligible for First Offender treatment at the time of sentencing but were not informed of the option may petition the court for retroactive First Offender status. This provision applies to cases sentenced on or after March 18, 1968.

To qualify, the individual must demonstrate that they were eligible when originally sentenced, were not advised of First Offender availability, and have completed their sentence. The prosecuting attorney's consent is required, and the court retains discretion to grant or deny the petition based on the ends of justice and the welfare of society.

Record Restriction Under O.C.G.A. 35-3-37

Georgia uses the term "record restriction" rather than "expungement." O.C.G.A. 35-3-37 governs how criminal records can be restricted from public access.

What Record Restriction Does

Record restriction limits who can access a criminal record. Once restricted, the record is no longer visible to employers, landlords, or the general public through a GCIC criminal history report. However, law enforcement agencies retain access to restricted records.

Record restriction does not erase or destroy the record. It limits access to criminal justice agencies only.

Eligibility for Record Restriction

The following records may qualify for restriction:

• Arrests without conviction: Charges that were dismissed, not presented to a grand jury, nolle prossed, or resulted in acquittal
• Pretrial diversion completions: Charges withdrawn after successful completion of a pretrial intervention or diversion program
• Vacated or overturned convictions: Convictions that were later reversed on appeal or vacated by the court
• Pardoned felonies: Felony convictions for which the Georgia State Board of Pardons and Paroles granted a pardon
• Certain misdemeanors (under SB 288): Up to two misdemeanor convictions after meeting specific waiting periods and conditions

The Record Restriction Process

For arrests without conviction, the process involves:

1. Obtaining a "Request to Restrict Arrest Record" form from the arresting agency
2. Completing Section One of the form
3. Forwarding the form to the prosecutor (District Attorney or Solicitor General)
4. The prosecutor reviews and approves or denies the request
5. Submitting all completed sections to GCIC with the required fee via certified check or money order

GCIC can be reached at (404) 244-2639, Option 1, for questions about record restrictions.

Record Sealing

Under O.C.G.A. 35-3-37(m)(2), an individual may petition the court to seal restricted records held by the court clerk and law enforcement agencies. The court may order sealing if it finds by a preponderance of the evidence that the harm to the individual outweighs the public's need to know about the arrest, case, or conviction.

Sealing goes a step beyond restriction by also limiting access to court-level records, not just the GCIC database.

SB 288: Expanded Record Restriction (Effective January 2021)

Senate Bill 288, signed by Governor Brian Kemp in 2020, significantly expanded Georgia's record restriction laws. The bill passed both chambers unanimously and took effect in January 2021.

Key Provisions of SB 288

Misdemeanor conviction restriction. For the first time, Georgia residents can petition to restrict and seal up to two misdemeanor convictions from their criminal history. To qualify, an individual must:

• Wait four years after completing their sentence (including probation, fines, and restitution)
• Have no new convictions on their criminal record during the waiting period
• Have no pending criminal charges at the time of the petition

**Pardoned felony restriction.** Individuals who received a pardon for a felony offense can now petition a judge to restrict and seal the record of that offense.

Employer protections. SB 288 provides liability protections for employers who hire individuals with restricted records, encouraging second-chance hiring practices.

Exclusions Under SB 288

Not all misdemeanors qualify for restriction. The following are excluded:

• Sex crimes against children
• Sexual battery
• Child molestation
• Public indecency
• Family violence battery
• Certain theft-related convictions
• Serious traffic offenses such as aggressive driving and reckless driving

FCRA Interaction With Georgia Background Checks

The Fair Credit Reporting Act (FCRA) is a federal law that applies to all background checks conducted by third-party consumer reporting agencies in Georgia. Employers who use outside companies to run background checks must comply with both Georgia state law and the FCRA.

FCRA Requirements for Georgia Employers

Written consent. Before ordering a background check through a third-party company, the employer must provide a clear, standalone written disclosure that a background check may be conducted and obtain the applicant's written authorization.

Adverse action process. If an employer intends to deny employment based on information in a background report, the employer must follow a two-step adverse action process:

1. Pre-adverse action notice: Provide the applicant with a copy of the background report and a summary of their rights under the FCRA before making the final decision
2. Final adverse action notice: After the decision, inform the applicant of the decision, provide the reporting company's contact information, and explain the applicant's right to dispute inaccurate information within 60 days

Seven-year reporting limit. The FCRA prohibits consumer reporting agencies from reporting non-conviction records (arrests that did not result in conviction) that are more than seven years old. This seven-year limit applies to non-convictions only.

No state limit on conviction reporting. Georgia does not impose its own time limit on how far back criminal convictions can be reported. Felony and misdemeanor convictions can appear on background checks indefinitely unless the record has been restricted, sealed, or discharged under the First Offender Act.

Exclusive Use Requirement

Under O.C.G.A. 34-2-15, all criminal history information received from GCIC or the FBI for employment purposes is privileged and must be used exclusively for employment decisions. Employers cannot share this information with unauthorized parties.

Employer Background Checks in Georgia

How Employers Obtain Criminal History Records

Georgia employers have several options for conducting background checks:

GAPS fingerprint-based checks. The Georgia Applicant Processing Service (GAPS) is the official system for employment and licensing background checks. Employers register for a GAPS account, and applicants are fingerprinted electronically at designated locations throughout the state. Results are returned within two business days.

GCIC felony conviction search. Under O.C.G.A. 35-3-34, felony conviction records are available to any member of the public without the subject's consent. The requesting party must provide the person's full name, race, sex, and date of birth.

Third-party screening companies. Many employers use commercial background check companies that search court records, criminal databases, and other sources. These companies must comply with the FCRA.

Consent-based checks. For non-felony records, employers must obtain the individual's signed consent, including their full name, address, Social Security number, and date of birth.

What Shows on a Georgia Background Check

A standard GCIC criminal history report includes:

• Identification data (name, date of birth, Social Security number, physical description)
• Arrest records (arresting agency, date, charges)
• Final judicial dispositions
• Incarceration records from Georgia facilities

The following are excluded from employment background checks:

• Juvenile arrests (offender age 16 or younger, charged with a felony, not tried as an adult)
• Records restricted under O.C.G.A. 35-3-37
• Sealed First Offender records upon successful completion
• Records restricted through conditional discharge programs

Employer Liability

Neither GCIC, its employees, nor any state agency bears liability for the accuracy of criminal history information disclosed under O.C.G.A. 35-3-34. Employers who rely on this information assume responsibility for verifying its accuracy and using it lawfully.

Housing Background Checks in Georgia

Georgia does not have a state-specific tenant screening statute. Landlords conducting background checks must comply with federal laws, primarily the FCRA and the Fair Housing Act.

What Georgia Landlords Can Screen

Landlords in Georgia may review:

• Credit history and credit scores
• Eviction records
• Criminal history
• Rental history and references
• Income and employment verification

Restrictions on Using Criminal History in Housing

While Georgia has no state law restricting how landlords use criminal records, federal Fair Housing Act guidance from the U.S. Department of Housing and Urban Development requires that landlords:

• Cannot deny housing solely based on arrests that did not result in a conviction
• Must evaluate criminal history based on the nature of the offense, time elapsed, and relevance to the tenancy
• Must apply screening criteria consistently to all applicants to avoid disparate impact discrimination

Application Fees

Georgia does not cap the amount landlords can charge for application or screening fees. Most landlords charge between $30 and $75 per applicant to cover the cost of background checks, credit reports, and administrative processing.

Professional Licensing Background Checks

Many professional licenses in Georgia require criminal background checks as part of the application process. These checks are typically conducted through the GAPS fingerprint system and may include both state (GCIC) and federal (FBI) criminal history searches.

Industries Requiring Background Checks

Georgia law mandates fingerprint-based background checks for professionals in several fields:

• Healthcare: Facilities must conduct fingerprint-based checks through GCIC for employees with direct patient access, governed by the Georgia Department of Community Health Criminal History Check System (GCHEXS)
• Education: The Georgia Professional Standards Commission requires comprehensive background checks for all certified educators and school personnel
• Childcare: Regulated under Georgia Secretary of State Rules 111-8-12, requiring criminal background checks for all childcare workers
• Law enforcement: Peace officer certification requires fingerprint-based criminal history checks

Professional Licensing Reform

In 2024, Georgia legislators advanced SB 157, which clarifies how state licensing boards may evaluate criminal history in professional license applications. Under this bill, a criminal charge can only be considered if it is "directly related to the relevant profession" and poses a threat to public safety. This reform affects approximately one in six Georgia jobs that require a professional license.

Recent Changes and Pending Legislation

Georgia's background check landscape continues to evolve. Several recent and pending changes are worth noting:

Recent Changes

• SB 288 (2021): Expanded record restriction to include misdemeanor convictions and pardoned felonies, as described above
• 2022 Atlanta Ordinance Amendment: Strengthened Atlanta's fair chance hiring protections by adding criminal history status as a protected class
• SB 157 (2024): Advanced professional licensing reform to limit how boards consider criminal history

Pending Legislation (2025-2026)

• HB 162: Would modernize the First Offender Act by expanding eligibility and streamlining the process. The bill passed the Georgia House unanimously in 2025 and is awaiting Senate action in 2026
• HB 582 (Survivor Justice): Updates Georgia code to reflect modern understanding of domestic violence, which could affect how certain convictions appear on background checks

EEOC Guidance on Background Checks

In addition to state and federal statutes, Georgia employers must follow EEOC guidance on background checks. The EEOC requires that employers:

• Apply criminal history screening policies consistently across all applicants regardless of race, color, national origin, sex, religion, disability, or age
• Avoid blanket policies that automatically disqualify all applicants with criminal records, which may create disparate impact discrimination
• Conduct individualized assessments considering the nature of the offense, time elapsed, and the nature of the job
• Maintain all employment records, including background check documentation, for at least one year
• Securely dispose of background check reports after retention requirements are met

Sources and References

• Georgia Bureau of Investigation: Criminal History Record Information FAQ
• Georgia Bureau of Investigation: Georgia Crime Information Center
• Georgia Applicant Processing Service (GAPS)
• O.C.G.A. 42-8-60: First Offender Act
• O.C.G.A. 42-8-66: Retroactive First Offender
• O.C.G.A. 35-3-34: Criminal Records Disclosure
• O.C.G.A. 34-2-15: Criminal Background Checks for Employment
• EEOC: Background Checks and Employer Guidance
• FTC: Background Checks for Employers
• Georgia Justice Project: SB 288
• Georgia Department of Community Health: GCHEXS
• Georgia Secretary of State: Childcare Background Check Rules
• NELP: Ban the Box Executive Order
• Georgia Public Broadcasting: Licensing Reform Bills