HB301: HB301 The Time Served Act of 2025; enact

Currently, Georgians with certain past convictions must often petition courts to have their criminal records restricted from public view. This bill would make that process automatic. Five years after someone finishes a sentence for most felonies or misdemeanors, without a new conviction, their criminal history record would be automatically restricted under Georgia's criminal history record law (O.C.G.A. § 35-3-37). Serious violent felonies, sex offenses, human trafficking, and certain crimes against law enforcement officers are excluded. The bill also adds a new section to Georgia's parole law (O.C.G.A. § 42-9-52.1) creating automatic sealing of records for a defined group of 'covered individuals,' mainly people convicted of nonviolent or drug offenses who complete their sentences, as well as people arrested but never convicted. It also requires the State Board of Pardons and Paroles to issue certificates of employability to eligible parolees, sets penalties for improperly accessing sealed records, and gives the Attorney General two years to implement automatic sealing statewide.

• Automatically restricts a person's criminal history record five years after completing a sentence for most felonies or misdemeanors, without requiring a court petition.
• Excludes serious violent felonies, sex offenses, human trafficking, elder abuse, child exploitation crimes, and certain assaults on law enforcement officers from automatic restriction.
• Creates a new law (O.C.G.A. § 42-9-52.1) requiring courts to order automatic sealing of records for nonviolent and drug-related convictions five years after a sentence is fully completed.
• Requires the State Board of Pardons and Paroles to issue a certificate of employability to eligible parolees who meet education, disciplinary, and job-skills requirements.
• Limits who can access sealed records, mainly law enforcement for investigations or specific background checks, and sets a fine of $1,000 or up to a year in jail for unlawfully accessing or disclosing sealed records.
• Requires the Attorney General to create rules ensuring state agencies automatically seal qualifying records, including older records, within two years.

People with past Georgia felony or misdemeanor convictions, especially nonviolent or drug offenses, along with parolees seeking employment, employers who hire them, law enforcement agencies, courts, the State Board of Pardons and Paroles, and the Attorney General's office, which must implement the sealing rules.

People who completed their sentences years ago could see their records automatically hidden from most background checks, potentially easing access to jobs and housing. Employers gain limited liability protection when hiring such individuals, while law enforcement retains access for investigations and certain sensitive jobs.

• Section 1 names the bill 'The Time Served Act of 2025.'
• Section 2 amends O.C.G.A. § 35-3-37 to automatically restrict records five years after sentence completion, listing excluded serious offenses in subsection (w)(2).
• Section 3 adds O.C.G.A. § 42-9-52.1, defining 'covered individual' and 'nonviolent offense' and requiring automatic sealing of qualifying records five years after sentence completion.
• Subsection (c) requires the parole board to issue certificates of employability to eligible parolees meeting education, disciplinary, and skills-test conditions.
• Subsection (d) requires the parole board to submit an annual report to the Governor and General Assembly on certificates issued and recidivism rates.
• Subsection (f) restricts access to sealed records to law enforcement and courts for investigatory, prosecutorial, or specific background-check purposes.
• Subsection (h) directs the Attorney General to establish rules ensuring automatic sealing across state agencies, with a two-year deadline in subsection (i) to seal older qualifying records.
• Subsection (k) sets a penalty of a $1,000 fine or up to one year in prison for unlawfully accessing or disclosing sealed records.

1. 2025-02-10House Second Readers (House)
2. 2025-02-06House First Readers (House)
3. 2025-02-05House Hopper (House)

• Carl Gilliard (D, HD-162)Primary sponsor
• Long Tran (D, HD-080)
• Solomon Adesanya (D, HD-043)

• criminal record sealing
• parole and reentry
• record restriction
• criminal justice reform
• employment for people with convictions