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SB 0288 - Criminal History Record Information; automatic restriction; final disposition other than a conviction; provide

Tracking Level: Monitor
Sponsor: Tonya Anderson (D)
Last Action: 1/1/2021 - Effective Date
Senate Committee: Judiciary
House Committee: Special Committee on Access to the Civil Justice System
Assigned To:
12. All CourtsNext Bill
Criminal Next Bill

Staff Analysis of the Legislation

SB 288 amends Article 2 of Chapter 3 of Title 35 of the OCGA to allow any individual convicted of a misdemeanor or of a nonviolent offense that has been pardoned by the State Board of Pardons and Paroles to petition the court to restrict access to his/her criminal history record granted this individual has not been convicted of any crime for at least four years and has no pending charges. The jurisdictional court shall grant this petition if the harm resulting to the individual clearly outweighs the public’s interest in the criminal history. At the time of sentencing for offenses relating to alcoholic beverages or controlled substances, a defendant whom has not previously been convicted may also petition restriction of this information. In civil proceedings against an employer, employees, or agents, this information will not be admissible if it is not directly related to such proceedings.

Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text