---
title: HB 162. Georgia Bureau of Investigation; restriction and seal of First Offender Act sentences until such status is revoked; provide
collection: bills
id: 2025-2026/hb162
cite_as: HB 162, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb162
md_url: https://georgiacommons.org/bills/2025-2026/hb162.md
text_url: https://georgiacommons.org/bills/2025-2026/hb162/text
source_url: https://www.legis.ga.gov/legislation/69600
date: 2026-05-05
status: passed
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
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omitted: votes and history
omitted_chars: 1408
omitted_url: https://georgiacommons.org/bills/2025-2026/hb162.md?full=1
bill_number: HB 162
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-05-05
last_action: Effective Date 2026-07-01
sponsors:
- Leesa Hagan
- William Werkheiser
- Rob Leverett
- Matt Reeves
- Katie Dempsey
- Tyler Smith
- Bill Cowsert
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB162/2025
upstream_id: 1945175
summaries_model: claude-sonnet-5
topic_tags:
- criminal justice records
- First Offender Act
- record sealing
- GBI background checks
- probation
---
# HB 162. Georgia Bureau of Investigation; restriction and seal of First Offender Act sentences until such status is revoked; provide
## Text
House Bill 162 (AS PASSED HOUSE AND SENATE)
By: Representatives Hagan of the 156th, Werkheiser of the 157th, Leverett of the 123rd,
Reeves of the 99th, Dempsey of the 13th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the
Georgia Bureau of Investigation, so as to provide for the restriction and seal of First Offender
Act sentences until such status is revoked; to amend Article 3 of Chapter 8 of Title 42 of the
Official Code of Georgia Annotated, relating to first offenders relative to probation, so as to
provide for the restriction and seal of first offender sentences at the time of sentencing; to
provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia
Bureau of Investigation, is amended by revising subparagraph (a)(1)(B) of Code Section
35-3-34, relating to disclosure and dissemination of criminal records to private persons and
businesses, resulting responsibility and liability of issuing center, and provision of certain
information to the FBI in conjunction with the National Instant Criminal Background Check
System, as follows:
"(B)(i) The center shall not provide records of arrests, charges, or sentences when an
individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 and has
been exonerated and discharged without court adjudication of guilt as a matter of law
or pursuant to a court order or Code Section 15-1-20, including records relating to
such defendant's bench warrants, failure to appear, and probation for such offense,
except as specifically authorized by Code Section 42-8-63.1. The center shall not
provide records of arrests, charges, or sentences when an individual has been
sentenced as provided in Code Section 15-1-20, including records relating to such
defendant's bench warrants, failure to appear, and probation for such offense, except
as specifically authorized by Code Section 42-8-63.1.
(ii) During the period of time after a defendant, who has been sentenced pursuant to
Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without
court adjudication of guilt as a matter of law or pursuant to a court order, has
completed active probation supervision through the remainder of such sentence, the
center shall not provide records of arrests, charges, or sentences except as specifically
authorized by Code Section 42-8-63.1.
(iii) The center may provide records of arrests, charges, or sentences when an
individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has
not been exonerated and discharged without court adjudication of guilt as a matter of
law or pursuant to a court order, as specifically authorized by Code Section 42-8-63.1,
while a defendant is under active probation supervision for such offense, or as
provided in a court order only for the following purposes:
(I) As specifically authorized by Code Section 42-8-63.1;
(II) To criminal justice agencies for purposes of employment in accordance with
procedures established by the center;
(III) Pursuant to any disclosure or consideration of criminal history record
information required by federal or state law including, but not limited to, those
disclosures required for federally insured financial institutions; or
(IV) 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;"
SECTION 2.
Said chapter is further amended by revising subparagraph (a)(1)(B) of Code Section 35-3-35,
relating to disclosure and dissemination of records to public agencies and political
subdivisions and responsibility and liability of issuing center, as follows:
"(B)(i) The center shall not provide records of arrests, charges, or sentences when an
individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 and has
been exonerated and discharged without court adjudication of guilt as a matter of law
or pursuant to a court order, including records relating to such defendant's bench
warrants, failure to appear, and probation for such offense, except as specifically
authorized by Code Section 42-8-63.1. The center shall not provide records of arrests,
charges, or sentences when an individual has been sentenced as provided in Code
Section 15-1-20, including records relating to such defendant's bench warrants, failure
to appear, and probation for such offense, except as specifically authorized by Code
Section 42-8-63.1.
(ii) During the period of time after a defendant, who has been sentenced pursuant to
Article 3 of Chapter 8 of Title 42 but has not been exonerated and discharged without
court adjudication of guilt as a matter of law or pursuant to a court order, has
completed active probation supervision through the remainder of such sentence, the
center shall not provide records of arrests, charges, or sentences except as specifically
authorized by Code Section 42-8-63.1.
(iii) The center may provide records of arrests, charges, or sentences when an
individual has been sentenced pursuant to Article 3 of Chapter 8 of Title 42 but has
not been exonerated and discharged without court adjudication of guilt as a matter of
law or pursuant to a court order, as specifically authorized by Code Section 42-8-63.1,
while a defendant is under active probation supervision for such offense, or as
provided in a court order only for the following purposes:
(I) As specifically authorized by Code Section 42-8-63.1;
(II) To criminal justice agencies for purposes of employment in accordance with
procedures established by the center;
(III) Pursuant to any disclosure or consideration of criminal history record
information required by federal or state law including, but not limited to, those
disclosures required for federally insured financial institutions;
(IV) 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; or
(V) To criminal justice agencies, as such term is defined in Code Section 35-3-30;"
SECTION 3.
Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to first
offenders relative to probation, is amended by revising Code Section 42-8-62.1, relating to
limiting public access to first offender status, petitioning, and sealing record, is amended as
follows:
"42-8-62.1.
(a) As used in this Code section, the term:
(1) 'Criminal history record information' shall have the same meaning as set forth in
Code Section 35-3-30.
(2) 'Prosecuting attorney' shall have the same meaning as set forth in Code Section
35-3-37.
(3) 'Restrict,' 'restricted,' or 'restriction' shall have the same meaning as set forth in Code
Section 35-3-37.
(4) 'Victim' shall have the same meaning as set forth in Code Section 17-17-3.
(b)(1) At the time of sentencing, or during the term of a sentence that was imposed
before July 1, 2016, the defendant may seek to the court shall limit public access to his
or her first offender sentencing information, and the court may, in its discretion, order any
of by ordering the following:
(A) Restrict dissemination of the defendant's first offender records, except as provided
in subsection (h) of this Code section;
(B) The criminal file, docket books, criminal minutes, final record, all other records of
the court, and the defendant's criminal history record information in the custody of the
clerk of court, including within any index, be sealed and unavailable to the public,
except as provided in subsection (h) of this Code section; and
(C) Law enforcement agencies, jails, or detention centers to restrict the defendant's
criminal history record information of arrest, including any fingerprints or photographs
taken in conjunction with such arrest, except as provided in subsection (h) of this Code
section.
(2) When considering the defendant's request under this subsection, the court shall weigh
the public's interest in the defendant's criminal history record information being publicly
available and the harm to the defendant's privacy and issue written findings of fact
thereupon. Reserved.
(3) The court shall specify the date that such prohibited dissemination, sealing, and
restrictions will take effect.
(c) An individual who has been exonerated of guilt and discharged pursuant to this article,
including those individuals exonerated of guilt and discharged prior to July 1, 2016, was
sentenced pursuant to this article prior to July 1, 2026, and has not had their sentence
revoked and adjudicated guilty, may petition the court that granted ordered such discharge
sentence for an order to seal and make unavailable to the public the criminal file, docket
books, criminal minutes, final record, all other records of the court, and the defendant's
criminal history record information in the custody of the clerk of court, including within
any index limit public access to his or her case information pursuant to subsection (b) of
this Code section. Notice of such petition shall be sent to the clerk of court and the
prosecuting attorney. A notice sent by registered or certified mail or statutory overnight
delivery shall be sufficient notice.
(d) Within 90 days of the filing of a petition pursuant to subsection (c) of this Code
section, the court shall order restriction and sealing of the criminal file, docket books,
criminal minutes, final record, all other records of the court, and the defendant's criminal
history record information in the custody of the clerk of court, including within any index,
to be sealed and made unavailable to the public, except as provided in subsection (h) of this
Code section if the court finds by a preponderance of the evidence that:
(1) An exoneration of guilt and discharge has been granted pursuant to this article; and
(2) The harm otherwise resulting to the privacy of the individual outweighs the public
interest in the criminal history record information being publicly available.
(e)(1) Within 60 days of the filing of the court's order under subsection (b) or (d) of this
Code section, the clerk of court shall cause every document in connection with such
individual's case, physical or electronic, in its custody, possession, or control to be sealed
to the public except as provided in subsection (h) of this Code section.
(2) Upon sealing and making unavailable to the public, the clerk of court shall display
on the file in bold print on the cover of the file a notice to all court personnel that such
file is sealed from the public view and dissemination of the contents to anyone other than
those authorized by this Code section is prohibited. Such notice shall be sealed from
public view and only available to the parties listed in subsection (h) of this Code section.
Parties provided for in subsection (h) of this Code section shall maintain access to the
record.
(f) When a court orders sealing of court records under subsection (b) or (d) of this Code
section, the court may shall also order that records maintained by law enforcement
agencies, jails, and detention centers be restricted and unavailable to the public. Such
entities shall comply with such restriction order within 30 days of receiving a copy of such
order.
(g)(1) Information sealed or restricted pursuant to this Code section shall always be
available for inspection, copying, and use:
(A) As provided in subsection (c) of Code Section 42-8-65;
(B) By the Judicial Qualifications Commission;
(C) By a prosecuting attorney or public defender who submits a sworn affidavit to the
clerk of court that attests that such information is relevant to a criminal proceeding;
(D) Pursuant to a court order; and
(E) By an individual who is the subject of sealed court files or restricted criminal
history record information upon court order.
(2) The confidentiality of such information shall be maintained insofar as practical.
(g) If a court of competent jurisdiction revokes the First Offender Act sentence and
adjudicates the defendant guilty of the underlying First Offender Act offense while such
defendant is serving a first offender sentence, 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.
(h)(1) The following entities shall be entitled to access the criminal file, docket books,
criminal minutes, final record, and all other records of the court during the period of time
a defendant has been sentenced pursuant to this article but has not been exonerated and
discharged without court adjudication of guilt as a matter of law or pursuant to a court
order. No court order or affidavit shall be required for the following entities to access
such records unless otherwise provided:
(A) As authorized by Code Section 42-8-63.1;
(B) To criminal justice agencies, as such term is defined in Code Section 35-3-30;
(C) As authorized by subsection (c) of Code Section 42-8-65;
(D) To any prosecuting attorney. Prosecuting attorneys shall be authorized to share
relevant case information with the victim of the underlying first offender offense
pursuant to the Crime Victims' Bill of Rights, as provided in Code Section 17-17-1;
(E) To any judge or court personnel;
(F) To any public defender;
(G) To an individual who is the subject of sealed court files or restricted criminal
history record information;
(H) To the Judicial Qualifications Commission;
(I) To the Department of Community Supervision;
(J) To the State Board of Pardons and Paroles;
(K) Pursuant to any disclosure or consideration of criminal history record information
required by federal or state law including, but not limited to, those disclosures required
for federally insured financial institutions;
(L) 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; or
(M) When such records are made available for inspection, copying, and use pursuant
to a court order.
(2) The confidentiality of such information shall be maintained insofar as practical."
SECTION 4.
Said article is further amended by adding a new Code section to read as follows:
"42-8-62.2.
(a) As used in this Code section, the term:
(1) 'Criminal history record information' shall have the same meaning as set forth in
Code Section 35-3-30.
(2) 'Prosecuting attorney' shall have the same meaning as set forth in Code Section
35-3-37.
(3) 'Restrict,' 'restricted,' or 'restriction' shall have the same meaning as set forth in Code
Section 35-3-37.
(b) At the time a defendant who has been sentenced pursuant to this article has been
exonerated and discharged without court adjudication of guilt as a matter of law or
pursuant to a court order, the criminal file, docket books, criminal minutes, final record,
and all other records of the court shall be restricted except as provided in subsection (g) of
this Code section.
(c) An individual who has been exonerated of guilt and discharged without court
adjudication of guilt as a matter of law or pursuant to a court order pursuant to this article
prior to July 1, 2026, may petition the court that granted such discharge for an order to seal
and make unavailable to the public the criminal file, docket books, criminal minutes, final
record, all other records of the court, and the defendant's criminal history record
information in the custody of the clerk of court, including within any index. Notice of such
petition shall be sent to the clerk of court and the prosecuting attorney. A notice sent by
registered or certified mail or statutory overnight delivery shall be sufficient notice.
(d) Within 90 days of the filing of a petition pursuant to subsection (c) of this Code
section, the court shall order the criminal file, docket books, criminal minutes, final record,
all other records of the court, and the defendant's criminal history record information in the
custody of the clerk of court, including within any index, to be sealed and made unavailable
to the public.
(e) Within 60 days of exoneration and discharge under subsection (b) of this Code section
or the filing of the court's order under subsection (d) of this Code section, the clerk of court
shall cause every document in connection with such individual's case, physical or
electronic, in its custody, possession, or control to be sealed.
(f) When a court orders sealing of court records under this Code section, the court shall
also order that records maintained by law enforcement agencies, jails, and detention centers
be restricted and unavailable to the public. Such entities shall comply with such restriction
within 30 days of receiving a copy of such order.
(g)(1) Information sealed or restricted pursuant to this Code section shall always be
available for inspection, copying, and use:
(A) As provided in subsection (c) of Code Section 42-8-65;
(B) By the Judicial Qualifications Commission;
(C) By judges of courts of competent jurisdiction in the State of Georgia;
(D) By a prosecuting attorney or public defender who submits a sworn affidavit to the
clerk of court that attests that such information is relevant to a criminal proceeding. No
prosecuting attorney or public defender shall be required to obtain a court order to
obtain such information that is relevant to a criminal proceeding;
(E) Pursuant to a court order; and
(F) By an individual who is the subject of sealed court files or restricted criminal
history record information.
(2) The confidentiality of such information shall be maintained insofar as practical."
SECTION 5.
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.
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.
### Plain-language summary
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 it 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.
## Status
- Status: Passed (2026-05-05)
- Last action: Effective Date 2026-07-01 (2026-05-05)
- Sponsors: Leesa Hagan, William Werkheiser, Rob Leverett, Matt Reeves, Katie Dempsey, Tyler Smith, Bill Cowsert
- Official page: https://www.legis.ga.gov/legislation/69600
> The history, votes, and amendments (1,408 characters) are at https://georgiacommons.org/bills/2025-2026/hb162.md?full=1