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The House Committee on Judiciary Non-Civil offers the following substitute to SB 512:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the1
Georgia Bureau of Investigation, so as to provide for the restriction and seal of First Offender2
Act sentences until such status is revoked; to amend Article 3 of Chapter 8 of Title 42 of the3
Official Code of Georgia Annotated, relating to first offenders relative to probation, so as to4
provide for the restriction and seal of first offender sentences at the time of sentencing; to5
provide for related matters; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia9
Bureau of Investigation, is amended by revising subparagraph (a)(1)(B) of Code Section10
35-3-34, relating to disclosure and dissemination of criminal records to private persons and11
businesses, resulting responsibility and liability of issuing center, and provision of certain12
information to the FBI in conjunction with the National Instant Criminal Background Check13
System, as follows:14
"(B)(i) The center shall not provide records of arrests, charges, or sentences when an15
individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 and has16
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been exonerated and discharged without court adjudication of guilt as a matter of law17
or pursuant to a court order or Code Section 15-1-20, including records relating to18
such defendant's bench warrants, failure to appear, and probation for such offense,19
except as specifically authorized by Code Section 42-8-63.1. The center shall not20
provide records of arrests, charges, or sentences when an individual has been21
sentenced as provided in Code Section 15-1-20, including records relating to such22
defendant's bench warrants, failure to appear, and probation for such offense, except23
as specifically authorized by Code Section 42-8-63.1.24
(ii) During the period of time after a defendant, who has been sentenced pursuant to25
Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without26
court adjudication of guilt as a matter of law or pursuant to a court order, has27
completed active probation supervision through the remainder of such sentence, the28
center shall not provide records of arrests, charges, or sentences except as specifically29
authorized by Code Section 42-8-63.1.30
(iii) The center may provide records of arrests, charges, or sentences when an31
individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has32
not been exonerated and discharged without court adjudication of guilt as a matter of33
law or pursuant to a court order, as specifically authorized by Code Section 42-8-63.1,34
while a defendant is under active probation supervision for such offense, or as35
provided in a court order only for the following purposes:36
(I) As specifically authorized by Code Section 42-8-63.1;37
(II) To criminal justice agencies for purposes of employment in accordance with38
procedures established by the center;39
(III) Pursuant to any disclosure or consideration of criminal history record40
information required by federal or state law including, but not limited to, those41
disclosures required for federally insured financial institutions; or42
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(IV) For the purpose of any determination regarding the transfer of a firearm or the43
issuance of a license pursuant to Code Section 16-11-129;"44
SECTION 2.45
Said chapter is further amended by revising subparagraph (a)(1)(B) of Code Section 35-3-35,46
relating to disclosure and dissemination of records to public agencies and political47
subdivisions and responsibility and liability of issuing center, as follows:48
"(B)(i) The center shall not provide records of arrests, charges, or sentences when an49
individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 and has50
been exonerated and discharged without court adjudication of guilt as a matter of law51
or pursuant to a court order, including records relating to such defendant's bench52
warrants, failure to appear, and probation for such offense, except as specifically53
authorized by Code Section 42-8-63.1. The center shall not provide records of arrests,54
charges, or sentences when an individual has been sentenced as provided in Code55
Section 15-1-20, including records relating to such defendant's bench warrants, failure56
to appear, and probation for such offense, except as specifically authorized by Code57
Section 42-8-63.1.58
(ii) During the period of time after a defendant, who has been sentenced pursuant to59
Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without60
court adjudication of guilt as a matter of law or pursuant to a court order, has61
completed active probation supervision through the remainder of such sentence, the62
center shall not provide records of arrests, charges, or sentences except as specifically63
authorized by Code Section 42-8-63.1.64
(iii) The center may provide records of arrests, charges, or sentences when an65
individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has66
not been exonerated and discharged without court adjudication of guilt as a matter of67
law or pursuant to a court order, as specifically authorized by Code Section 42-8-63.1,68
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while a defendant is under active probation supervision for such offense, or as69
provided in a court order only for the following purposes:70
(I) As specifically authorized by Code Section 42-8-63.1;71
(II) To criminal justice agencies for purposes of employment in accordance with72
procedures established by the center;73
(III) Pursuant to any disclosure or consideration of criminal history record74
information required by federal or state law including, but not limited to, those75
disclosures required for federally insured financial institutions;76
(IV) For the purpose of any determination regarding the transfer of a firearm or the77
issuance of a license pursuant to Code Section 16-11-129; or78
(V) To criminal justice agencies, as such term is defined in Code Section 35-3-30;"79
SECTION 3.80
Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first81
offenders relative to probation, is amended by revising Code Section 42-8-62.1, relating to82
limiting public access to first offender status, petitioning, and sealing record, as follows:83
"42-8-62.1.84
(a) As used in this Code section, the term:85
(1) 'Criminal history record information' shall have the same meaning as set forth in86
Code Section 35-3-30.87
(2) 'Prosecuting attorney' shall have the same meaning as set forth in Code Section88
35-3-37.89
(3) 'Restrict,' 'restricted,' or 'restriction' shall have the same meaning as set forth in Code90
Section 35-3-37.91
(4) 'Victim' shall have the same meaning as set forth in Code Section 17-17-3.92
(b)(1) At the time of sentencing, or during the term of a sentence that was imposed93
before July 1, 2016, the defendant may seek to the court shall limit public access to his94
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or her first offender sentencing information, and the court may, in its discretion, order any95
of by ordering the following:96
(A) Restrict dissemination of the defendant's first offender records, except as provided97
in subsection (h) of this Code section;98
(B) The criminal file, docket books, criminal minutes, final record, all other records of99
the court, and the defendant's criminal history record information in the custody of the100
clerk of court, including within any index, be sealed and unavailable to the public,101
except as provided in subsection (h) of this Code section; and102
(C) Law enforcement agencies, jails, or detention centers to restrict the defendant's103
criminal history record information of arrest, including any fingerprints or photographs104
taken in conjunction with such arrest, except as provided in subsection (h) of this Code105
section.106
(2) When considering the defendant's request under this subsection, the court shall weigh107
the public's interest in the defendant's criminal history record information being publicly108
available and the harm to the defendant's privacy and issue written findings of fact109
thereupon.110
(3) The court shall specify the date that such prohibited dissemination, sealing, and111
restrictions will take effect.112
(c) An individual who has been exonerated of guilt and discharged pursuant to this article,113
including those individuals exonerated of guilt and discharged prior to July 1, 2016, was114
sentenced pursuant to this article prior to July 1, 2024, and has not had their sentence115
revoked and adjudicated guilty, may petition the court that granted ordered such discharge116
sentence for an order to seal and make unavailable to the public the criminal file, docket117
books, criminal minutes, final record, all other records of the court, and the defendant's118
criminal history record information in the custody of the clerk of court, including within119
any index limit public access to his or her case information pursuant to subsection (b) of120
this Code section. Notice of such petition shall be sent to the clerk of court and the121
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prosecuting attorney. A notice sent by registered or certified mail or statutory overnight122
delivery shall be sufficient notice.123
(d) Within 90 days of the filing of a petition pursuant to subsection (c) of this Code124
section, the court shall order restriction and sealing of the criminal file, docket books,125
criminal minutes, final record, all other records of the court, and the defendant's criminal126
history record information in the custody of the clerk of court, including within any index,127
to be sealed and made unavailable to the public, except as provided in subsection (h) of this128
Code section if the court finds by a preponderance of the evidence that:129
(1) An exoneration of guilt and discharge has been granted pursuant to this article; and130
(2) The harm otherwise resulting to the privacy of the individual outweighs the public131
interest in the criminal history record information being publicly available.132
(e)(1) Within 60 days of the filing of the court's order under subsection (b) or (d) of this133
Code section, the clerk of court shall cause every document in connection with such134
individual's case, physical or electronic, in its custody, possession, or control to be sealed135
to the public except as provided in subsection (h) of this Code section.136
(2) Upon sealing and making unavailable to the public, the clerk of court shall display137
on the file in bold print on the cover of the file a notice to all court personnel that such138
file is sealed from the public view and dissemination of the contents to anyone other than139
those authorized by this Code section is prohibited. Such notice shall be sealed from140
public view and only available to the parties listed in subsection (h) of this Code section.141
Parties provided for in subsection (h) of this Code section shall maintain access to the142
record.143
(f) When a court orders sealing of court records under subsection (b) or (d) of this Code144
section, the court may shall also order that records maintained by law enforcement145
agencies, jails, and detention centers be restricted and unavailable to the public. Such146
entities shall comply with such restriction order within 30 days of receiving a copy of such147
order.148
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(g)(1) Information sealed or restricted pursuant to this Code section shall always be149
available for inspection, copying, and use:150
(A) As provided in subsection (c) of Code Section 42-8-65;151
(B) By the Judicial Qualifications Commission;152
(C) By a prosecuting attorney or public defender who submits a sworn affidavit to the153
clerk of court that attests that such information is relevant to a criminal proceeding;154
(D) Pursuant to a court order; and155
(E) By an individual who is the subject of sealed court files or restricted criminal156
history record information upon court order.157
(2) The confidentiality of such information shall be maintained insofar as practical.158
(g) If a court of competent jurisdiction revokes the First Offender Act sentence and159
adjudicates the defendant guilty of the underlying First Offender Act offense while such160
defendant is serving a first offender sentence, restriction and sealing of such court records161
shall be removed, and such records may be disseminated by the court, law enforcement162
agencies, jails, and detention centers.163
(h)(1) The following entities shall be entitled to access the criminal file, docket books,164
criminal minutes, final record, and all other records of the court during the period of time165
a defendant has been sentenced pursuant to this article but has not been exonerated and166
discharged without court adjudication of guilt as a matter of law or pursuant to a court167
order. No court order or affidavit shall be required for the following entities to access168
such records unless otherwise provided:169
(A) As authorized by Code Section 42-8-63.1;170
(B) To criminal justice agencies, as such term is defined in Code Section 35-3-30;171
(C) As authorized by subsection (c) of Code Section 42-8-65;172
(D) Any prosecuting attorney. Prosecuting attorneys shall be authorized to share173
relevant case information with the victim of the underlying first offender offense174
pursuant to the Crime Victims’ Bill of Rights, as provided in Code Section 17-17-1;175
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(E) Any judge or court personnel;176
(F) Any public defender;177
(G) An individual who is the subject of sealed court files or restricted criminal history178
record information;179
(H) The Judicial Qualifications Commission;180
(I) The Department of Community Supervision;181
(J) Pursuant to any disclosure or consideration of criminal history record information182
required by federal or state law including, but not limited to, those disclosures required183
for federally insured financial institutions;184
(K) For the purpose of any determination regarding the transfer of a firearm or the185
issuance of a license pursuant to Code Section 16-11-129; or186
(L) When such records are made available for inspection, copying, and use pursuant187
to a court order.188
(2) The confidentiality of such information shall be maintained insofar as practical."189
SECTION 4.190
Said article is further amended by adding a new Code section to read as follows:191
"42-8-62.2.192
(a) As used in this Code section, the term:193
(1) 'Criminal history record information' shall have the same meaning as set forth in194
Code Section 35-3-30.195
(2) 'Prosecuting attorney' shall have the same meaning as set forth in Code Section196
35-3-37.197
(3) 'Restrict,' 'restricted,' or 'restriction' shall have the same meaning as set forth in Code198
Section 35-3-37.199
(b) At the time a defendant who has been sentenced pursuant to this article has been200
exonerated and discharged without court adjudication of guilt as a matter of law or201
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pursuant to a court order, the criminal file, docket books, criminal minutes, final record,202
and all other records of the court shall be restricted except as provided in subsection (g) of203
this Code section.204
(c) An individual who has been exonerated of guilt and discharged without court205
adjudication of guilt as a matter of law or pursuant to a court order pursuant to this article206
prior to July 1, 2024, may petition the court that granted such discharge for an order to seal207
and make unavailable to the public the criminal file, docket books, criminal minutes, final208
record, all other records of the court, and the defendant's criminal history record209
information in the custody of the clerk of court, including within any index. Notice of such210
petition shall be sent to the clerk of court and the prosecuting attorney. A notice sent by211
registered or certified mail or statutory overnight delivery shall be sufficient notice.212
(d) Within 90 days of the filing of a petition pursuant to subsection (c) of this Code213
section, the court shall order the criminal file, docket books, criminal minutes, final record,214
all other records of the court, and the defendant's criminal history record information in the215
custody of the clerk of court, including within any index, to be sealed and made unavailable216
to the public.217
(e) Within 60 days of exoneration and discharge under subsection (b) of this Code section218
or the filing of the court's order under subsection (d) of this Code section, the clerk of court219
shall cause every document in connection with such individual's case, physical or220
electronic, in its custody, possession, or control to be sealed.221
(f) When a court orders sealing of court records under this Code section, the court shall222
also order that records maintained by law enforcement agencies, jails, and detention centers223
be restricted and unavailable to the public. Such entities shall comply with such restriction224
within 30 days of receiving a copy of such order.225
(g)(1) Information sealed or restricted pursuant to this Code section shall always be226
available for inspection, copying, and use:227
(A) As provided in subsection (c) of Code Section 42-8-65;228
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(B) By the Judicial Qualifications Commission;229
(C) By judges of courts of competent jurisdiction in the State of Georgia;230
(D) By a prosecuting attorney or public defender who submits a sworn affidavit to the231
clerk of court that attests that such information is relevant to a criminal proceeding. No232
prosecuting attorney or public defender shall be required to obtain a court order to233
obtain such information that is relevant to a criminal proceeding;234
(E) Pursuant to a court order; and235
(F) By an individual who is the subject of sealed court files or restricted criminal236
history record information.237
(2) The confidentiality of such information shall be maintained insofar as practical."238
SECTION 5.239
All laws and parts of laws in conflict with this Act are repealed.240
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