GA HB1469

Courts must automatically restrict and seal criminal records at sentencing for first-time conditional discharge cases involving controlled substance possession or related nonviolent property crimes, rather than requiring defendants to request sealing

Persons sentenced under this provision prior to July 1, 2026 may petition the court to seal their records if their sentence has not been revoked; courts must grant the sealing order within 90 days of the petition

Sealed records remain accessible to criminal justice agencies, prosecutors, judges, public defenders, the Judicial Qualifications Commission, Department of Community Supervision, State Board of Pardons and Paroles, and for firearm transfer determinations

If a court revokes the conditional discharge and adjudicates the defendant guilty, the restriction and sealing of records shall be removed and records may again be disseminated publicly

The Georgia Bureau of Investigation is prohibited from providing sealed records to private persons, businesses, or public agencies except for specified purposes including criminal justice employment and federally required disclosures