HB285: HB285 Law enforcement agencies; judicial procedure for purging a person's involuntary hospitalization information; provide

Under current Georgia law, the Georgia Crime Information Center (GCIC) keeps records of people who have been involuntarily hospitalized so that information can be reported to the FBI's National Instant Criminal Background Check System (NICS), which is used to screen gun purchases. This bill amends O.C.G.A. Section 35-3-34 to create a court process for a person to ask that their involuntary hospitalization record be removed from that system. A person could file a petition in the court where the hospitalization proceeding happened, but only after being discharged and waiting at least 12 months, and no more than once every two years. The court would hold a hearing within 60 days, look at the circumstances of the hospitalization, medical and criminal history, character evidence, and how the person's situation has changed, then decide within 30 days whether the person is unlikely to be dangerous. If the petition is granted, GCIC must purge the record within 30 days of getting the court's order. The bill keeps the existing rule that GCIC purges hospitalization records automatically five years after receiving them.

• Creates a new court petition process letting a person ask a judge to remove their involuntary hospitalization record from the state's gun background check database.
• Requires courts to hold a hearing within 60 days of receiving such a petition and rule in writing within 30 days after the hearing.
• Sets eligibility rules: a person must wait 12 months after discharge to file a first petition, and at least two years between petitions if one is denied.
• Directs the court to weigh the hospitalization's circumstances, mental health and criminal records, character evidence, and changes in the person's condition when deciding.
• Requires the Georgia Crime Information Center to purge a person's hospitalization record within 30 days after a court grants relief, and keeps the existing five-year automatic purge rule.
• Makes hearing records on these petitions exempt from Georgia's open records law (O.C.G.A. Section 50-18-70) and sets special appeal rules, including de novo review for probate court decisions.

People who have previously been involuntarily hospitalized for mental health reasons and want to regain eligibility to legally possess firearms, the Georgia Crime Information Center, probate and superior courts, prosecuting attorneys, and the Council of Probate Court Judges and Council of Superior Court Clerks who help manage this reporting.

Right now, an involuntary hospitalization record can affect a person's ability to pass a gun background check indefinitely until the automatic five-year purge. This bill gives affected people a formal legal path to seek earlier removal of that record if a judge finds they are unlikely to be dangerous.

• Section 1 revises O.C.G.A. Section 35-3-34(e)(2) to keep the requirement that GCIC receive involuntary hospitalization information from probate and superior courts for NICS reporting purposes.
• Subparagraph (A) retains the rule that GCIC must purge a person's hospitalization record within 30 days after five years have passed since receiving it.
• Subparagraph (B) creates the new petition process, requiring service of the petition on the opposing civil party or prosecuting attorney from the original case.
• Subparagraph (C) lists the evidence a court must consider, including the hospitalization's circumstances, mental health and criminal records, character evidence, and changes since hospitalization.
• Subparagraph (D) sets the court's decision deadline, the legal standard (preponderance of the evidence that the person is not likely dangerous), confidentiality of hearing records, and appeal rules.
• Subparagraph (E) sets timing limits: petitions can only be filed 12 months after discharge, and repeat petitions require a two-year wait after a denial.
• Subparagraph (F) bars a prosecuting attorney from using information from these petitions against the petitioner in other cases, unless obtained independently.
• Section 2 repeals any conflicting laws.

1. 2026-03-06House Committee Favorably Reported (House)
2. 2025-04-04House Withdrawn, Recommitted (House)
3. 2025-03-06House Committee Favorably Reported (House)
4. 2025-02-10House Second Readers (House)
5. 2025-02-06House First Readers (House)
6. 2025-02-05House Hopper (House)

• Debbie Buckner (D, HD-137)Primary sponsor

• gun background checks
• mental health records
• involuntary hospitalization
• criminal justice records
• firearm rights