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

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.

• 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.

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.

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.

• 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.

1. 2026-05-05Effective Date 2026-07-01
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)

• Leesa Hagan (R, HD-156)Primary sponsor
• William Werkheiser (R, HD-157)
• Rob Leverett (R, HD-123)
• Matt Reeves (R, HD-099)
• Katie Dempsey (R, HD-013)
• Tyler Smith (R, HD-018)
• Bill Cowsert (R, SD-046)

1. PassedHouse voteFebruary 19, 2025

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

   Passage: House Vote #45

2. PassedSenate voteMarch 12, 2026

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

   Passage By Substitute: Senate Vote #709

3. PassedHouse voteMarch 23, 2026

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

   Agree To Senate Substitute: House Vote #746

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