Georgia CommonsHouse · Introduced · 2025-2026 Regular Session
HB 1301: Commerce and trade; clarify requirements for certain data reported by consumer reporting agencies
Last action February 24, 2026 · House Committee Favorably Reported By Substitute
A Georgia House bill would tighten rules on background check companies, requiring criminal history reports used for job screening to reflect a person's current legal status and barring the reporting of sealed records.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest the General Assembly's website lists.
In plain language
Georgia law already requires consumer reporting agencies (background check companies) that report public record information for job screening to keep that information accurate and up to date. This bill rewrites part of that law (O.C.G.A. § 10-1-393.14) to spell out exactly what counts as up to date. Under the change, when a report includes arrests, indictments, convictions, record restrictions, vacated offenses, offenses discharged under Georgia's first offender or drug court laws, or pardons, the report must reflect the person's present legal status as of the date the report is given to an employer, not just the status at some earlier point. The bill also adds a new rule that criminal history information which has been restricted and sealed by court order or by law cannot be reported at all. The rest of the existing law, including definitions and the option to notify consumers directly, stays in place.
What the bill does
- Requires background check companies to report the current legal status of a person's arrest, conviction, or other criminal record as of the date the report is given to an employer, not an outdated status.
- Adds record restrictions, vacated offenses, offenses discharged under Georgia's first offender law (O.C.G.A. § 42-8-60) or drug statute (O.C.G.A. § 16-13-2), and pardons to the list of items that must be kept current.
- Bans reporting sealed criminal history information if it has been restricted and sealed by court order or by law as of the report date.
- Keeps the existing definitions of 'adverse effect,' 'consumer report,' 'consumer reporting agency,' and 'employment purposes' unchanged.
Who it affects
Consumer reporting agencies that run employment background checks, employers who use those reports to make hiring, promotion, or licensing decisions, and job applicants or employees whose criminal or public records show up in those checks.
Why it matters
People whose arrests were later dismissed, whose records were sealed, or who completed programs like first offender treatment could see fewer outdated or sealed entries showing up on background checks used for jobs, potentially affecting hiring decisions made about them.
Key provisions
- Section 1 rewrites O.C.G.A. § 10-1-393.14(b)(2) to require that public record information reported for employment purposes be complete and up to date.
- The revised subsection lists specific record types covered: arrests, indictments, convictions, record restrictions, vacated offenses, offenses discharged under O.C.G.A. §§ 16-13-2 or 42-8-60, and pardons.
- A new standard defines 'up to date' as accurately reflecting a person's present legal status as of the date the report is furnished, rather than the status at an earlier time.
- A new sentence bars reporting of sealed criminal history record information if it is restricted and sealed by court order or as a matter of law as of the report date.
- Section 2 repeals any conflicting Georgia laws.
From the bill
“the consumer report accurately reflects the present legal status of any such matter as of the date such report is furnished.”
“Sealed criminal history record information shall not be reported if restricted and sealed by court order or as a matter of law as of the date such report is furnished.”
Discussed in meetings (5)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Agriculture & Consumer Affairs Committee, February 23, 2026
From 0:22:09 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 1301 would clarify requirements for current criminal-history information in employment background checks, including record restrictions and pardons. The sponsor argued that outdated information can prevent applicants from finding work and leave employers relying on inaccurate reports. A committee member offered two amendments. The first added vacated offenses and offenses discharged under first-offender and conditional-discharge laws. The second prohibited reporting criminal-history information that was restricted and sealed when the report was furnished. The sponsor supported both. Asked what recourse an applicant would have for a false report, the member offering the amendments said the applicant could pursue damages through litigation. Another member asked whether applicants would know what was reported; the amendment’s presenter said applicants could learn during the hiring process, though possibly after losing the job opportunity. The committee adopted both amendments and approved the amended bill by voice votes, with no opposition heard. After the vote, a witness representing the Georgia Justice Project expressed support and said the bill addressed a significant need.
House Rules Committee, February 25, 2026
From 1:13:12 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 1301 would improve the accuracy of criminal background information sold by private companies to employers. The sponsor said reports would need to account for restrictions, vacated offenses, discharged offenses and pardons, and could not include criminal history sealed or restricted by law or court order when the report was furnished. The sponsor said this would help employers assess applicants accurately and keep outdated records from blocking employment. No questions or scheduling decision followed.
Status timeline
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Don Parsons (R, HD-44)
- Ron Stephens (R, HD-164)
- Trey Kelley (R, HD-16)
- Sam Park (D, HD-107)
- Tyler Paul Smith (R, HD-18)
- Bill Werkheiser (R, HD-157)
Topics
- background checks
- employment law
- criminal records
- consumer protection