Labor & Employment Law Daily Wrap Up, EXPERT INSIGHTS—Georgia Gives First Offenders a True Second Chance: Employer Rules for Hiring, (Jul 28, 2026)
Law Firms Mentioned:Jackson Lewis
Organizations Mentioned:Jackson Lewis, PC
By Emily S. Borna of Jackson Lewis P.C.
Takeaways
Effective 07.01.26, Georgia courts are automatically sealing and restricting eligible “first offender” records, making the records far less likely to appear in routine employment background checks.
As a result, employers will likely see fewer discrepancies between applicants’ “no conviction” disclosures and screening results.
Employers should continue evaluating candidates based on job-related factors, rehabilitation and the nature of any conduct rather than relying solely on criminal record information.
Article
Georgia expanded protections under its First Offender Act effective July 1, 2026. The Act was amended to limit public access to many First Offender records and to reduce the likelihood that such matters will appear in routine employment background checks. The change is significant for employers because it narrows the gap between what the law treats as a non-conviction and what hiring managers historically could see during the screening process.
Georgia’s First Offender Act allows eligible defendants to avoid a criminal conviction upon successful completion of their sentence.
Generally, eligibility is limited to individuals with no prior felony convictions who are granted First Offender treatment before a judgment of guilt is entered. Certain offenses continue to be ineligible for such treatment (these include many serious violent felonies, DUI offenses, trafficking crimes, child exploitation offenses, and crimes requiring sex offender registration). Successfully completing a First Offender sentence results in discharge and exoneration without a criminal conviction.
Background Checks
Despite its rehabilitative purpose, Georgia’s First Offender Act historically created a practical challenge for employers and applicants alike. Applicants could accurately state that they had not been convicted of a crime, but routine background checks often revealed the arrest, court filings, or First Offender disposition. Consequently, hiring decisions sometimes were influenced by matters that did not result in a criminal conviction.
Previously, defendants could ask a court to restrict public access to First Offender records, but judges retained discretion to grant or deny that request. Many records remained publicly available unless a separate sealing order was obtained.
Amended Law
The new law replaces that discretionary framework with a mandatory one. The statute changed from courts “may” restrict records to courts “shall” restrict records.
When a defendant receives First Offender treatment, courts must:
Restrict dissemination of First Offender records;
Seal court files and related records from public view; and
Order law enforcement agencies to restrict related arrest records, fingerprints, and photographs.
The amendments provide protection at both stages of the First Offender process. Under O.C.G.A. §42-8-62.1, records are restricted and sealed at the time of sentencing. Under O.C.G.A. §42-8-62.2, records remain protected following successful completion of the sentence and discharge.
Individuals who received First Offender treatment before July 1, 2026, may petition the court to obtain these same protections if their First Offender status was not revoked.
What It Means for Employers
Georgia employers can expect fewer First Offender matters to appear on routine background reports. This change should reduce perceived discrepancies between application responses stating the applicant has no criminal convictions and background-check results. Consequently, Georgia employers should put greater reliance on individualized candidate assessments rather than publicly available criminal case information.
Employers should recognize that First Offender records are not erased. Although these records are generally shielded from public access, they remain available to certain authorized governmental entities, criminal justice agencies, courts, and prosecutors. Other authorized parties retain access under the statute, including criminal justice agencies, prosecutors, courts, public defenders, judges and court personnel, the Department of Community Supervision, the State Board of Pardons and Paroles, federally insured financial institutions where disclosure is required by law, firearms licensing and transfer authorities, and individuals authorized by court order.
While these changes do not prohibit Georgia employers from evaluating legitimate job-related concerns, employers should consult counsel before taking action based solely on a criminal record.
Employers should continue to evaluate candidates on an individualized basis, considering the nature of any conduct, evidence of rehabilitation, the passage of time, and the essential functions of the position. Thoughtful, individualized assessments remain the best practice for making fair, defensible hiring decisions.
Emily S. Borna
Jackson Lewis P.C.
666 3rd Ave
28th Floor
New York, NY 10017 United States
Tel.: +1 212 545 4000
E-mail: myupdates@jacksonlewis.com
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Attorneys: Emily S. Borna (Jackson Lewis).
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