Georgia Governor Brian Kemp signed House Bill 162 (HB162) into law on May 5, 2026, revising the state’s law on handling the records of individuals sentenced under the First Offender Act. The First Offender Act allows eligible defendants in Georgia to avoid criminal convictions if they successfully complete their sentence requirements.
This revision directly affects the scope of employment background checks by limiting what details can be collected regarding a candidate’s sentencing information. HB162 has been in effect for Georgia businesses since July 1, 2026.
Keep reading for a quick overview of the bill and its enforcement policies, plus a breakdown of how it affects employer requirements and expectations when screening employment candidates.
Instances of court records that should have been sealed appearing on private background checks led to obstacles for Georgians seeking employment, prompting revisions constructed to maintain the First Offender Act’s effectiveness. Although HB162 doesn’t have any direct requirements for employers to carry out, it creates more screening considerations to be aware of.
The requirements in this bill can be broken down into three parts:
- Courts are required to restrict dissemination of First Offender records and seal court files and related records from public access at the time of sentencing. They must also order law enforcement agencies to restrict arrest records, fingerprints, and photographs. Specific exceptions may apply for scenarios like criminal justice agency employment or firearm transfer determinations.
- Records will stay sealed unless the individual’s first offender status is revoked and they are adjudicated guilty, triggering the seal to be removed and the records to be disseminated.
- Individuals sentenced under the First Offender Act prior to July 1, 2026, who haven’t had their sentence revoked have the option to petition the court to seal their case information. The text also outlines specific entities, including law enforcement and prosecuting attorneys, that have access authority even when records are sealed.
Eligibility
Generally, individuals who have completed their First Offender sentence requirements without being adjudicated guilty can qualify for first offense record sealing. Successful completion of a First Offender sentence results in discharge and exoneration without a criminal conviction. Certain offenses are ineligible for this treatment; these include serious violent felonies, DUI offenses, trafficking crimes, child exploitation offenses, and crimes requiring sex offender registration.
If an individual with First Offender status violates the conditions or is later determined to be ineligible, their status can be revoked by the state court, assigning their court records the same access level that applies to regular offenses under Georgia law.
Enforcement
The law has been in effect since July 1, 2026, and is administered through Georgia’s courts, the GBI/GCIC, and other criminal justice agencies.
So far, the bill has been received positively for the most part, with reports stating that it effectively supports the reintegration process for reformed individuals. Alternatively, some groups have raised concerns about the safety implications of limited criminal record access.
HB162 seals qualifying first offenses that do not result in a conviction when individuals successfully complete their requirements. Georgia employers may want to consider solutions that provide as much relevant legally reportable information as possible, especially for high-security and high-risk roles, to ensure they receive as much intel as possible on who joins their teams.
This content is for informational purposes only and shall not constitute legal opinion or advice. Consult your legal counsel to ensure compliance.
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