Does Georgia have ban-the-box for private employers?

No. Georgia's ban-the-box policy (Executive Order 01.24.2015) only applies to state executive-branch employers. Private employers in Georgia can ask about criminal history on job applications and at any stage of hiring. Some individual cities like Atlanta have considered local fair-chance ordinances.

What is the Georgia First Offender Act, and how does it help with background checks?

The First Offender Act (OCGA 42-8-60) allows eligible first-time offenders to complete their sentence without a formal conviction being entered. Upon successful completion, you can petition the court to seal (restrict) the record. Once sealed, it will not appear on most standard employment background checks, though it may still be visible to law enforcement and certain licensing boards.

Can I get my record sealed or expunged in Georgia?

Georgia uses 'record restriction' rather than traditional expungement. You can restrict records for: arrests without conviction, dismissed cases, acquittals, dead-docketed cases, and successfully completed First Offender sentences. Convictions from standard sentencing generally cannot be sealed. You must petition the court and may need to pay a filing fee.

Do Georgia employers have to do individualized assessments?

Georgia state law does not require employers to perform individualized assessments when considering criminal history. However, federal EEOC guidance strongly recommends that employers consider the nature of the offense, time elapsed since the offense, and the nature of the job. Blanket bans on hiring people with records can lead to discrimination claims under Title VII.

Will a dismissed case show up on a Georgia background check?

A dismissed case may appear on a background check unless you have petitioned for record restriction under OCGA 35-3-37. Once restricted, the record is sealed from most consumer background check databases. It is worth applying for restriction if you have dismissed charges, as the process is straightforward.

Can Georgia employers check my arrest record?

Yes, Georgia employers can access arrest records. Under the FCRA, arrests not leading to conviction can be reported for up to 7 years. Georgia does not have a state law prohibiting employers from considering arrest records, though EEOC guidance discourages relying solely on arrests (as opposed to convictions) in employment decisions.

Does Georgia have any automatic record clearing?

No. Georgia does not have a Clean Slate or automatic record-clearing law. All record restriction in Georgia requires filing a petition with the court. Some advocacy groups are working toward automatic sealing legislation, but as of 2026, no such law has been enacted.

Georgia Background Check Laws

No state lookback limitLast updated: 2026-04-01

Georgia has no state lookback limit — convictions can appear on background checks indefinitely. Georgia has ban-the-box for public employers only (2015 executive order), and the First Offender Act allows sealing of certain first offenses upon successful sentence completion.

Overview

Georgia does not impose a state-level time limit on how far back employers can look at criminal convictions on a background check. Under the federal Fair Credit Reporting Act (FCRA), convictions can be reported indefinitely, and Georgia has no stricter state law that overrides this. That means a felony conviction from 20 or 30 years ago can still appear on a standard employment background check. Georgia does offer some protections. A 2015 executive order implemented ban-the-box for state executive-branch employers, meaning those agencies cannot ask about criminal history on initial job applications. However, this order does not extend to private employers or local governments, so the majority of Georgia employers can still ask about criminal history at any stage of the hiring process. The Georgia First Offender Act (OCGA 42-8-60) provides an important pathway for people with a single qualifying offense. If you successfully complete your sentence under this act, your case can be sealed from public view — though it still appears in certain law enforcement and licensing checks. This can make a meaningful difference when applying for jobs and housing.

How Far Back Does a Background Check Go in Georgia?

Record Type	Rule in Georgia
Felony Convictions	Reported indefinitely. No state time limit on felony conviction reporting.
Misdemeanor Convictions	Reported indefinitely. No state time limit on misdemeanor conviction reporting.
All Convictions	No state limit. Convictions can be reported indefinitely under FCRA defaults. There is no Georgia statute that restricts how far back consumer reporting agencies can report criminal convictions.
Arrests (No Conviction)	Under the FCRA, arrests that did not lead to conviction can be reported for up to 7 years. Georgia does not impose a stricter limit, but employers are encouraged to focus on convictions rather than arrests alone.
Pending Cases	Pending charges can be reported and considered by employers. There is no Georgia-specific restriction on reporting pending criminal cases.

Ban the Box / Fair Chance

Yes

Governor Deal signed Executive Order 01.24.2015 removing criminal history questions from initial state employment applications for executive-branch agencies. This ban-the-box policy delays the background check inquiry until later in the hiring process. It does NOT apply to private employers, local governments, or positions where a background check is required by law (such as law enforcement or positions involving vulnerable populations).

Effective: 2015-01-24

Clean Slate / Auto-Sealing

No Clean Slate law

Georgia does not have a Clean Slate law providing automatic record sealing or expungement. However, the Georgia First Offender Act (OCGA 42-8-60) allows individuals who complete their sentence under the act to have their case sealed from public view by petition. Record restriction (sealing) is also available for certain arrests that did not result in conviction, dismissed cases, and acquittals under OCGA 35-3-37.

What Employers Can Do in Georgia

When can employers ask about criminal history?: Private employers in Georgia can ask about criminal history at any point in the hiring process, including on the initial application. State executive-branch employers must wait until later in the process per the 2015 executive order.
What can they consider?: Georgia employers can consider any conviction regardless of age. There is no state law requiring employers to evaluate the relevance of a conviction to the job. However, EEOC federal guidance recommends individualized assessment considering the nature of the offense, time elapsed, and job relevance.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Georgia

Georgia First Offender Act (OCGA 42-8-60)(1968)
Allows first-time offenders to complete their sentence without a formal conviction on their record. Upon successful completion, the case may be sealed from most public background checks by petition to the court.
Executive Order 01.24.2015 (Ban-the-Box)(2015)
Removed criminal history questions from initial job applications for Georgia state executive-branch agencies. Does not apply to private employers.
Georgia Record Restriction Law (OCGA 35-3-37)(2013)
Allows individuals to request restriction (sealing) of criminal records for arrests that did not result in conviction, dismissed cases, dead-docketed cases, and acquittals. Restricted records are hidden from most public background checks.
Fair Credit Reporting Act (FCRA) — Federal(1970)
Federal law governing background check agencies. Allows reporting of convictions indefinitely but limits reporting of non-conviction arrests to 7 years. Requires applicant consent before running a background check.

Frequently Asked Questions — Georgia

How far back does a background check go in Georgia?: Georgia has no state limit on how far back criminal convictions can be reported. Under the FCRA, convictions can appear indefinitely. Arrests that did not lead to conviction are limited to 7 years under federal law. This means a decades-old felony conviction can still show up on a Georgia background check.
Does Georgia have ban-the-box for private employers?: No. Georgia's ban-the-box policy (Executive Order 01.24.2015) only applies to state executive-branch employers. Private employers in Georgia can ask about criminal history on job applications and at any stage of hiring. Some individual cities like Atlanta have considered local fair-chance ordinances.
What is the Georgia First Offender Act, and how does it help with background checks?: The First Offender Act (OCGA 42-8-60) allows eligible first-time offenders to complete their sentence without a formal conviction being entered. Upon successful completion, you can petition the court to seal (restrict) the record. Once sealed, it will not appear on most standard employment background checks, though it may still be visible to law enforcement and certain licensing boards.
Can I get my record sealed or expunged in Georgia?: Georgia uses 'record restriction' rather than traditional expungement. You can restrict records for: arrests without conviction, dismissed cases, acquittals, dead-docketed cases, and successfully completed First Offender sentences. Convictions from standard sentencing generally cannot be sealed. You must petition the court and may need to pay a filing fee.
Do Georgia employers have to do individualized assessments?: Georgia state law does not require employers to perform individualized assessments when considering criminal history. However, federal EEOC guidance strongly recommends that employers consider the nature of the offense, time elapsed since the offense, and the nature of the job. Blanket bans on hiring people with records can lead to discrimination claims under Title VII.
Will a dismissed case show up on a Georgia background check?: A dismissed case may appear on a background check unless you have petitioned for record restriction under OCGA 35-3-37. Once restricted, the record is sealed from most consumer background check databases. It is worth applying for restriction if you have dismissed charges, as the process is straightforward.
Can Georgia employers check my arrest record?: Yes, Georgia employers can access arrest records. Under the FCRA, arrests not leading to conviction can be reported for up to 7 years. Georgia does not have a state law prohibiting employers from considering arrest records, though EEOC guidance discourages relying solely on arrests (as opposed to convictions) in employment decisions.
Does Georgia have any automatic record clearing?: No. Georgia does not have a Clean Slate or automatic record-clearing law. All record restriction in Georgia requires filing a petition with the court. Some advocacy groups are working toward automatic sealing legislation, but as of 2026, no such law has been enacted.

Georgia Resources

Georgia Crime Information Center (GCIC)
The state agency that maintains criminal history records. You can request your own criminal history record here.
Georgia Legal Aid — Record Restriction
Free legal information about Georgia record restriction eligibility, process, and forms.
Georgia Department of Community Affairs — Reentry Resources
State resources for housing, employment, and reentry services for people with criminal records.
Atlanta Volunteer Lawyers Foundation
Provides free legal help to low-income Atlantans, including assistance with record restriction petitions.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Georgia for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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