---
title: HB 1301. Commerce and trade; clarify requirements for certain data reported by consumer reporting agencies
collection: bills
id: 2025-2026/hb1301
cite_as: HB 1301, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1301
md_url: https://georgiacommons.org/bills/2025-2026/hb1301.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1301/text
source_url: https://www.legis.ga.gov/legislation/73178
date: 2026-02-24
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/hb1300.md
next: https://georgiacommons.org/bills/2025-2026/hb1302.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 199
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1301.md?full=1
bill_number: HB 1301
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-12
last_action: House Committee Favorably Reported By Substitute
sponsors:
  - Don Parsons
  - Ron Stephens
  - Trey Kelley
  - Samuel Park
  - Tyler Smith
  - William Werkheiser
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1301/2025
upstream_id: 2116185
summaries_model: claude-sonnet-5
topic_tags:
  - background checks
  - employment law
  - criminal records
  - consumer protection
---

# HB 1301. Commerce and trade; clarify requirements for certain data reported by consumer reporting agencies

## Text

The House Committee on Agriculture and Consumer Affairs offers the following
substitute to HB 1301:
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 10-1-393.14 of the Official Code of Georgia Annotated, relating to
requirements relating to consumer reports furnished for employment purposes, so as to
clarify the requirements for certain data reported by consumer reporting agencies; to provide
for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 10-1-393.14 of the Official Code of Georgia Annotated, relating to
requirements relating to consumer reports furnished for employment purposes, is amended
by revising said Code section as follows:
"10-1-393.14.
(a) As used in this Code section, the term:
(1) 'Adverse effect' means:
(A) A denial of employment;
(B) Any other decision for employment purposes that negatively affects any current
or prospective employee; or
(C) A denial or cancellation of, an increase in any charge for, or any other adverse or
unfavorable change in the terms of any license.
(2) 'Consumer report' means any written, oral, or other communication of any
information bearing on a consumer's credit worthiness, credit standing, credit capacity,
character, general reputation, personal characteristics, or mode of living which is used or
expected to be used or collected in whole or in part for the purpose of serving as a factor
in establishing the consumer's eligibility for purposes of credit, insurance, or
employment.
(3) 'Consumer reporting agency' means any person or entity which, for monetary fees or
dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the
practice of assembling or evaluating consumer credit information or other information
on consumers for the purpose of furnishing consumer reports to third parties.
(4) 'Employment purposes' means used for the purpose of evaluating a consumer for
employment, promotion, reassignment, retention as an employee, or licensing.
(b) A consumer reporting agency which furnishes a consumer report for employment
purposes and which for that purpose compiles and reports items of information on
consumers which are matters of public record and are likely to have an adverse effect upon
a consumer's ability to obtain employment shall:
(1) At the time such public record information is reported to the user of such consumer
report, notify the consumer of the fact that public record information is being reported by
the consumer reporting agency, together with the name and address of the person to
whom such information is being reported; or
<ins>(2)(A)</ins> Maintain strict procedures designed to ensure that whenever public record
information which is likely to have an adverse effect on a consumer's ability to obtain
employment is reported it is complete and up to date.
<ins>(B)</ins> For purposes of this paragraph, items of public record relating to arrests,
indictments, <del>and</del> convictions, <ins>record restrictions, vacated offenses, offenses discharged
</ins>
<ins>pursuant to Code Section 16-13-2 or 42-8-60, and pardons</ins> shall be considered up to
date if <del>the current public record status of the item at the time of the report is reported
</del> <ins>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.
</ins> (c) A consumer reporting agency shall be considered to be conducting business in this state
if it provides information to any individual, partnership, corporation, association, or any
other group however organized that is domiciled within this state or whose principal place
of business is within this state.
(d) A consumer reporting agency that provides a consumer report for employment
purposes that is in compliance with the federal Fair Credit Reporting Act in existence on
March 11, 2015, shall be deemed to have complied with this Code section."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

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.

### Plain-language summary

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 it 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.

## Status

- Status: Introduced (2026-02-12)
- Last action: House Committee Favorably Reported By Substitute (2026-02-24)
- Sponsors: Don Parsons, Ron Stephens, Trey Kelley, Samuel Park, Tyler Smith, William Werkheiser
- Official page: https://www.legis.ga.gov/legislation/73178

> The history, votes, and amendments (199 characters) are at https://georgiacommons.org/bills/2025-2026/hb1301.md?full=1