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House · Passed · 2025-2026 Regular Session

HB 162: Georgia Bureau of Investigation; restriction and seal of First Offender Act sentences until such status is revoked; provide

Last action July 1, 2026 · Effective Date

House Bill 162 would require Georgia courts to automatically restrict and seal a person's First Offender Act records at the time of sentencing, rather than only after they finish probation and are formally discharged.

Read the full bill text

These buttons carry the bill's own text, not the summaries below. Copy for LLM, View as markdown, and Send to AI use the Markdown version: the text as filed, then the summaries under a heading that names them as ours. View raw is the text alone.

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 Enrolled version, the latest the General Assembly's website lists.

In plain language

Under current Georgia law, someone sentenced under the First Offender Act only gets their records sealed from public view after they successfully complete probation and are exonerated and discharged. Until then, their arrest and sentencing records could be publicly available. This bill changes that timing: starting when the law takes effect, courts must order restriction and sealing of a first offender's records right at sentencing, before they have even finished probation. The bill also spells out a specific list of entities that can still see these sealed or restricted records even though the public cannot, including prosecutors, judges, the Department of Community Supervision, the State Board of Pardons and Paroles, and agencies checking firearm transfers or license eligibility. If a person's first offender status is later revoked and they are adjudicated guilty, the restriction and sealing is removed and the records become available again. People who were already exonerated and discharged before July 1, 2026 can petition courts under a separate new process to get their older records sealed, and the Georgia Bureau of Investigation's rules for releasing criminal history records to private businesses and public agencies are updated to match.

What the bill does

  • Requires courts to order restriction and sealing of a defendant's First Offender Act records at the time of sentencing, instead of waiting until after successful completion of probation and discharge.
  • Creates a new Code Section 42-8-62.2 setting out how records are restricted and sealed for people already exonerated and discharged, including a petition process for those discharged before July 1, 2026.
  • Lists specific entities, such as prosecutors, judges, public defenders, the Department of Community Supervision, and the State Board of Pardons and Paroles, that can still access sealed or restricted first offender records without a court order.
  • Provides that if a first offender's sentence is revoked and the person is adjudicated guilty, the sealing and restriction of their court records is lifted and the records can again be shared.
  • Updates the Georgia Bureau of Investigation's rules in O.C.G.A. §§ 35-3-34 and 35-3-35 on when the agency may or may not release criminal history records tied to first offender sentences, including for firearm transfer and license determinations.

Who it affects

People sentenced under Georgia's First Offender Act, defense attorneys and public defenders, prosecuting attorneys, crime victims (through prosecutor notifications), the Georgia Bureau of Investigation, court clerks, local law enforcement agencies, jails and detention centers, the Department of Community Supervision, and the State Board of Pardons and Paroles.

Why it matters

People sentenced as first offenders would have their records shielded from public view much sooner, potentially easing job or housing searches while they are still on probation. At the same time, courts, prosecutors, victims, and agencies checking firearm or license eligibility would retain defined pathways to access those records when needed.

Key provisions

  • Sections 1 and 2 revise O.C.G.A. §§ 35-3-34 and 35-3-35 to change when the Georgia Bureau of Investigation's records center may or may not release first offender arrest, charge, or sentence records, adding exceptions for employment background checks, federally required financial disclosures, and firearm or license determinations under O.C.G.A. § 16-11-129.
  • Section 3 rewrites O.C.G.A. § 42-8-62.1 so that courts must restrict and seal first offender records at sentencing rather than only after discharge, and adds a detailed list in new subsection (h) of who can still access those records without a court order.
  • Section 3 also adds subsection (g) providing that if a first offender's sentence is revoked and the person is adjudicated guilty, the sealing and restriction is removed and records may again be disseminated.
  • Section 4 creates a new Code Section 42-8-62.2 governing restriction and sealing for people already exonerated and discharged, including a petition process for people discharged before July 1, 2026.
  • Section 5 repeals any conflicting laws.

From the bill

“restriction and sealing of such court records shall be removed, and such records may be disseminated by the court, law enforcement agencies, jails, and detention centers.”

If a first offender's sentence is later revoked and the person is found guilty, their sealed records become accessible again.

“For the purpose of any determination regarding the transfer of a firearm or the issuance of a license pursuant to Code Section 16-11-129;”

Sealed first offender records can still be checked when someone is trying to buy a firearm or get certain licenses.

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.

  1. Senate Judiciary Committee, March 9, 2026

    From 0:45:19 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said HB 162 would seal first-offender records at sentencing rather than after successful completion of the sentence, while leaving eligibility and judges' discretion unchanged. The sponsor said earlier sealing would help people avoid barriers involving jobs, housing and licenses, and cited Georgia Crime Information Center data showing that 98% successfully complete their first-offender sentences. The sponsor said the proposal was unchanged from the version considered the previous year. A Georgia Black Republican Council witness supported it as promoting employment and accountability while reducing paperwork. The witness said courts and law enforcement would retain access and records could be unsealed if requirements were violated. A Georgia Justice Project representative also indicated support without further testimony. The committee unanimously adopted an amendment changing two dates to July 1, 2026, then unanimously approved the bill as amended.

  2. Senate Rules Committee, March 10, 2026

    From 0:07:52 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said HB 162 would make the First Offender Act more effective as a second chance by sealing records at sentencing rather than waiting until successful completion of the sentence. The sponsor explained that records are currently restricted at sentencing and that the bill would both restrict and seal them then. The sponsor said judges could unseal records if an offender violated the sentence or another reason warranted it. The committee later unanimously approved including the bill on the floor calendar.

  3. Senate floor session, March 12, 2026 (legislative day 31)

    From 1:57:46 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Third Read)

    Summary by Georgia Commons: The sponsor said HB 162 would restrict and seal eligible first-offender records at sentencing rather than waiting until completion of the sentence. The sponsor argued that public access during probation undermines a second chance by revealing the plea to employers and schools. The sponsor said records would lose that protection if first-offender status were revoked, while law enforcement and certain employment or licensing authorities would retain access. The sponsor also said serious offenses, DUI and several other categories would not qualify. No substantive questions or opposition followed. The Senate adopted the Judiciary substitute and passed the bill 47 to 0.

  4. House floor session, March 23, 2026 (legislative day 36, PM)

    From 0:56:53 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (House Agreed Senate Amend or Sub)

    Summary by Georgia Commons: The sponsor described HB 162 as modernizing the First Offender Act and said the Senate substitute changed two references from 2025 to 2026. The clerk's caption described restricting and sealing first-offender sentences unless that status is revoked. A member asked whether the bill affected offenses outside the first-offender process. The sponsor said it did not and said neither eligibility for a first-offender plea nor a judge's discretion to accept one would change. The House agreed to the Senate substitute 166 to 0.

Status timeline

  1. 2026-07-01Effective Date
  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)
Show full history (20 actions)
  1. 2026-01-12Senate Recommitted (Senate)
  2. 2026-01-12Senate Taken from Table (Senate)
  3. 2025-04-02Senate Tabled (Senate)
  4. 2025-03-25Senate Read Second Time (Senate)
  5. 2025-03-21Senate Committee Favorably Reported (Senate)
  6. 2025-02-20Senate Read and Referred (Senate)
  7. 2025-02-19House Passed/Adopted By Substitute (House)
  8. 2025-02-19House Third Readers (House)
  9. 2025-02-12House Committee Favorably Reported By Substitute (House)
  10. 2025-01-30House Second Readers (House)
  11. 2025-01-29House First Readers (House)
  12. 2025-01-28House Hopper (House)

Sponsors

  • Leesa Hagan (R, HD-156)Primary sponsor
  • Bill Werkheiser (R, HD-157)
  • Rob Leverett (R, HD-123)
  • Matt Reeves (R, HD-99)
  • Katie Dempsey (R, HD-13)
  • Tyler Paul Smith (R, HD-18)
  • Bill Cowsert (R, SD-46)

Votes

  1. PassedHouse voteFebruary 19, 2025

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

    PASSAGE: House Vote #45

  2. PassedSenate voteMarch 12, 2026

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

    PASSAGE BY SUBSTITUTE: Senate Vote #709

  3. PassedHouse voteMarch 23, 2026

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

    Agree to Senate Substitute: House Vote #746

Topics

  • criminal justice records
  • First Offender Act
  • record sealing
  • GBI background checks
  • probation

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Machine-readable https://georgiacommons.org/bills/2025-2026/hb162.md · https://georgiacommons.org/bills/index.md · MCP https://mcp.georgiacommons.org/mcp

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