Georgia CommonsHB 301: The Time Served Act of 2025; enact
Last action February 10, 2025 · House Second Readers
House Bill 301, the Time Served Act of 2025, would require Georgia to automatically restrict or seal many criminal records, including convictions and certain arrests, once set waiting periods pass.
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 Introduced version, the latest LegiScan holds.
In plain language
Currently, Georgians with criminal records generally must apply to have their records restricted from public view, and record sealing is limited. This bill changes that by making record restriction automatic in many cases. It amends O.C.G.A. § 35-3-37 so that most felony and misdemeanor convictions are automatically restricted five years after a person finishes their sentence, as long as they have not been convicted of another offense in that time. Certain serious crimes, such as violent felonies, sex offenses, human trafficking, and crimes against law enforcement officers, are excluded from this automatic restriction. The bill also creates a new Code section, 42-9-52.1, covering people arrested but not convicted, or convicted of nonviolent or drug offenses. Their records would be sealed automatically after they complete their sentence, with rules on who can still access sealed records, an employability certificate program for parolees, employer liability protection, and criminal penalties for improperly accessing sealed records.
What the bill does
- Automatically restricts criminal history records for most felony and misdemeanor convictions five years after a person completes their sentence, without requiring an application.
- Excludes serious violent felonies, sexual offenses, trafficking, abuse of disabled or elderly people, and certain crimes against law enforcement officers from automatic restriction.
- Creates a new law (O.C.G.A. § 42-9-52.1) requiring automatic sealing of records for people acquitted, not convicted, or convicted of nonviolent or drug offenses after they finish their sentence.
- Requires the State Board of Pardons and Paroles to issue 'certificates of employability' to eligible parolees who meet education, discipline, and job-skills conditions.
- Limits who can access sealed records, generally restricting access to law enforcement and courts for investigations or certain background checks like law enforcement jobs or firearms purchases.
- Sets a penalty of a $1,000 fine or up to one year in prison, or both, for knowingly and improperly accessing or disclosing sealed record information.
Who it affects
People with past felony or misdemeanor convictions in Georgia, individuals arrested but not convicted, parolees, employers who hire people with sealed records, law enforcement agencies, courts, the Attorney General's office, and the State Board of Pardons and Paroles.
Why it matters
Georgians with older convictions or arrests that never led to conviction could see those records automatically hidden from most background checks, potentially easing access to jobs and housing. Employers gain liability protection for hiring such individuals, while law enforcement retains access for investigations and certain sensitive jobs.
Key provisions
- Section 1 names the bill 'The Time Served Act of 2025.'
- Section 2 revises O.C.G.A. § 35-3-37(w) to make record restriction automatic five years after sentence completion, listing excluded serious offenses in a new paragraph (2), including violent felonies, sex offenses, trafficking, and certain assaults on law enforcement officers.
- Section 3 adds O.C.G.A. § 42-9-52.1, defining 'covered individual' and 'nonviolent offense,' and requiring courts to order automatic sealing of qualifying records five years after sentence completion.
- Subsection (c) of the new Code section requires the parole board to issue certificates of employability to eligible parolees who meet education, disciplinary, and job-skills requirements.
- Subsection (f) restricts access to sealed records generally to law enforcement and courts for investigations, prosecutions, or background checks tied to law enforcement jobs, high-risk public trust positions, or firearms-related activities.
- Subsection (i) requires the Attorney General to ensure records qualifying for automatic sealing before the law's enactment are sealed within two years.
- Subsection (j) grants employers immunity from liability for an employee's misconduct related to sealed record information.
- Subsection (k) sets penalties of a $1,000 fine, up to one year imprisonment, or both, for improperly accessing or disclosing sealed record information.
From the bill
“the criminal history record of the individual's conviction shall be automatically restricted.”
“Whoever knowingly accesses or discloses information contained in a record sealed under this Code section in a manner that is prohibited under this Code section shall be fined $1,000.00 or punished by imprisonment for not more than one year, or both.”
“An employer who employs or otherwise engages an individual whose criminal records were sealed pursuant to this Code section shall be immune from liability for any claim arising out of the misconduct of the individual”
Status timeline
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Carl Gilliard (D, HD-162)
- Long Tran (D, HD-080)
- Solomon Adesanya (D, HD-043)
Topics
- criminal records
- record sealing
- parole
- employment background checks
- criminal justice reform