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GA HB981
Bill
Status
Introduced
2/21/2018
Primary Sponsor
Wendell Willard
Click for details
AI Summary
- Allows individuals convicted of certain misdemeanors, felonies with a maximum 10-year sentence, burglary (without firearm involvement), or simple drug possession to petition the court to restrict or restrict and seal their criminal history records, provided they completed their sentence and have had no arrests for at least five years
- Excludes individuals convicted of serious violent felonies, sexual offenses, child molestation, sexual battery, bestiality, cruelty to animals, dogfighting, theft (except misdemeanor shoplifting/refund fraud), prostitution-related offenses, offenses against minors, or serious traffic offenses from eligibility
- Requires the petitioner to prove by a preponderance of evidence that their interest in record restriction outweighs the public's interest, with the court weighing factors including offense seriousness, age at the time of offense, victim opinions, and adverse collateral consequences such as employment impacts
- Limits individuals to a lifetime maximum of one felony conviction restriction and three misdemeanor conviction restrictions, and requires victims to be notified of and allowed to participate in the record restriction proceedings
- Persons with restricted and sealed records may lawfully deny the conviction on employment applications, except when seeking positions with criminal justice agencies, schools, child care facilities, departments serving children/disabled/elderly, professional licensure, or fiduciary roles
Legislative Description
Criminal procedure; record restriction for individuals convicted of certain felonies and misdemeanors under certain circumstances; provide
Last Action
House Second Readers
2/23/2018
Full Bill Text
No bill text available