Staff Analysis of the Legislation
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HB 528 amends OCGA 35-3-37 to provide procedures for the restriction of conviction records in certain circumstances. Records may not be restricted for convictions for a violent offense, a crime against a child, a sexual offense, or a serious felony as delineated in the bill (which also adds to the existing list of convictions that are ineligible for restriction). An individual may petition a court for the restriction of conviction records if they have successfully completed the terms of the sentence and have not been convicted of any criminal offense in any jurisdiction for at least five years for a felony and three years for a misdemeanor, excluding any arrest for a nonserious traffic offense, and that he or she has no pending charges in any jurisdiction. Procedures for filing a petition to restrict and seal the record are provided. A court may not deny a petititon without holding a hearing. |
