HB162: HB162 Georgia Bureau of Investigation; restriction and seal of First Offender Act sentences until such status is revoked; provide

Georgia's First Offender Act lets some defendants avoid a formal conviction if they complete probation without violating its terms. Under current law, records tied to that sentence generally become sealed and restricted from public view only after the person is exonerated and discharged. This bill changes that timing so restriction and sealing can happen at the time of sentencing, while the person is still on probation, rather than waiting until after successful completion. The bill amends Georgia Bureau of Investigation disclosure rules (O.C.G.A. §§ 35-3-34 and 35-3-35) and the probation code's first offender sealing provisions (O.C.G.A. §§ 42-8-62.1 and a new 42-8-62.2) to spell out who can still access these restricted records, including prosecutors, judges, public defenders, the Department of Community Supervision, and the State Board of Pardons and Paroles. If a person's first offender status is later revoked and they are adjudicated guilty, the restriction and seal are lifted and the records become available again.

• Allows a defendant's first offender sentencing records to be restricted and sealed starting at the time of sentencing rather than only after final discharge.
• Adds a new Code section (42-8-62.2) governing sealing of records for people already exonerated and discharged, including a petition process for those discharged before July 1, 2026.
• Requires courts to order that law enforcement agencies, jails, and detention centers also restrict related records once a court seals a case, rather than leaving that discretionary.
• Lists specific entities, such as prosecutors, judges, public defenders, the Judicial Qualifications Commission, the Department of Community Supervision, and the Board of Pardons and Paroles, that can still access sealed first offender records.
• Provides that if a first offender sentence is revoked and the person is adjudicated guilty, all restriction and sealing of the records is removed and they may be shared again.
• Updates the Georgia Bureau of Investigation's rules (O.C.G.A. §§ 35-3-34, 35-3-35) on when the state's central criminal records repository can or cannot release these records to private parties and government agencies.

People sentenced under Georgia's First Offender Act and still on probation, defense attorneys and prosecutors, superior and other trial courts, county clerks of court, local law enforcement agencies and jails, the Georgia Bureau of Investigation, the Department of Community Supervision, and the State Board of Pardons and Paroles.

People with pending first offender sentences could have their records sealed from public view much earlier, potentially affecting background checks by employers or the public while probation is still underway, while specified government offices retain access for legitimate law enforcement, court, and licensing purposes.

• Section 1 and 2 rewrite O.C.G.A. §§ 35-3-34 and 35-3-35 to limit when the GBI's central records center can release first offender records to private businesses, public agencies, and political subdivisions.
• Section 3 rewrites O.C.G.A. § 42-8-62.1 so a defendant may seek restriction and sealing of first offender records at the time of sentencing, with the court ordering specific sealing and restriction measures.
• Section 3 requires the clerk of court to seal case documents within 60 days of a sealing order and mark sealed files with a notice restricting access to authorized parties only.
• Section 3 states that if a first offender sentence is revoked and the person is adjudicated guilty, restriction and sealing are removed and the records may again be disseminated.
• Section 3 lists entities, including prosecuting attorneys, judges, public defenders, the Department of Community Supervision, and the Board of Pardons and Paroles, entitled to access sealed records without a court order.
• Section 4 adds new Code Section 42-8-62.2 covering sealing of records for people exonerated and discharged, including a petition process for those discharged before July 1, 2026.
• Section 4 requires courts to order restriction of law enforcement and jail records within 30 days when sealing court records under the new section.

1. 2026-05-05Effective Date 2026-07-01
2. 2026-05-05Act 403
3. 2026-05-05House Date Signed by Governor (House)
4. 2026-04-06House Sent to Governor (House)
5. 2026-03-23House Agreed Senate Amend or Sub (House)
6. 2026-03-12Senate Passed/Adopted By Substitute (Senate)
7. 2026-03-12Senate Third Read (Senate)
8. 2026-03-10Senate Committee Favorably Reported By Substitute (Senate)

• Leesa Hagan (R, HD-156)Primary sponsor
• William Werkheiser (R, HD-157)
• Rob Leverett (R, HD-123)
• Matt Reeves (R, HD-099)
• Katie Dempsey (R, HD-013)
• Tyler Smith (R, HD-018)
• Bill Cowsert (R, SD-046)

1. PassedHouse voteFebruary 19, 2025

   172 yea, 0 nay (3 not voting, 5 absent)

   Passage: House Vote #45

2. PassedSenate voteMarch 12, 2026

   47 yea, 0 nay (2 not voting, 6 absent)

   Passage By Substitute: Senate Vote #709

3. PassedHouse voteMarch 23, 2026

   166 yea, 0 nay (1 not voting, 9 absent)

   Agree To Senate Substitute: House Vote #746

• first offender act
• criminal records sealing
• probation
• Georgia Bureau of Investigation
• criminal justice records