HB1469: HB1469 Crimes; restriction and seal of certain records upon sentencing of a first conditional discharge for possession of controlled substances and certain nonviolent property crimes; provide

Under current Georgia law (O.C.G.A. § 16-13-2), someone convicted for the first time of possessing a controlled substance, or of a nonviolent property crime tied to a drug or alcohol addiction, can get a 'conditional discharge': the court holds off on entering a guilty judgment, places the person on probation or in a treatment program, and dismisses the case if they complete it successfully. That dismissal already avoids counting as a conviction, but the underlying court and law enforcement records have generally stayed publicly accessible. This bill would let a defendant ask the court, at sentencing, to seal those court records and restrict the related law enforcement and Georgia Bureau of Investigation records from public access while the discharge is pending. People already sentenced this way before July 1, 2026 could petition afterward for the same protection. If the person violates the terms and the court later revokes the discharge and enters a guilty judgment, the sealing and restriction would be undone. The bill also lists specific agencies, such as prosecutors, courts, parole boards, and firearm licensing authorities, that could still access the sealed records without a court order.

• Lets a defendant ask the sentencing court to seal court records and restrict law enforcement and GBI records tied to a first conditional discharge for drug possession or related nonviolent property crimes.
• Requires the court to weigh the public's interest in the records against harm to the defendant's privacy and issue written findings before sealing them.
• Creates a process for people sentenced before July 1, 2026 to petition afterward for the same sealing and restriction of their records.
• Automatically removes the sealing and restriction if the court later revokes the discharge and enters a guilty judgment on the underlying offense.
• Lists specific entities, including prosecutors, judges, public defenders, the Department of Community Supervision, the State Board of Pardons and Paroles, and firearm licensing authorities, that can still access sealed records without a court order.
• Updates the Georgia Bureau of Investigation's record-disclosure rules (O.C.G.A. §§ 35-3-34 and 35-3-35) to reference the new sealing provisions in Code Section 16-13-2.

People sentenced under Georgia's first-offender conditional discharge law for drug possession or qualifying nonviolent property crimes, court clerks and judges who process sealing petitions, prosecutors and public defenders, the Georgia Bureau of Investigation, local law enforcement and jails, and agencies like the Department of Community Supervision and the State Board of Pardons and Paroles that need continued record access.

People who successfully complete a first-offense drug treatment program or comparable diversion could keep their arrest and court records out of public databases, potentially easing background checks for jobs, housing, or licenses, while agencies handling gun permits, parole, and prosecutions would still be able to see the sealed information.

• Section 1 revises O.C.G.A. § 16-13-2 to let a defendant seek sealing and restriction of records at the time of a first conditional discharge sentencing, with the court issuing written findings weighing public interest against privacy harm.
• Subsection (e) allows people sentenced before July 1, 2026 to petition the sentencing court for the same protections, with notice sent to the clerk of court and prosecuting attorney.
• Subsection (f) requires the court to order sealing within 90 days of such a petition, and subsection (g) gives the clerk of court 60 days to seal all related documents.
• Subsection (h) requires law enforcement agencies, jails, and detention centers to restrict their own records within 30 days of receiving the court's sealing order.
• Subsection (i) removes sealing and restriction if the court later revokes the discharge and finds the person guilty of the underlying offense.
• Subsection (j) lists entities, such as criminal justice agencies, judges, public defenders, and firearm licensing authorities, that keep access to sealed records without needing a separate court order.
• Sections 2 and 3 amend O.C.G.A. §§ 35-3-34 and 35-3-35 so the Georgia Bureau of Investigation's rules on disclosing criminal history records account for the new sealing authority under Code Section 16-13-2.

1. 2026-03-03House Second Readers (House)
2. 2026-02-26House First Readers (House)
3. 2026-02-25House Hopper (House)

• Mary Ann Santos (D, HD-117)Primary sponsor
• Matt Reeves (R, HD-099)
• Scott Holcomb (D, HD-101)
• Rob Leverett (R, HD-123)
• Leesa Hagan (R, HD-156)

• criminal record sealing
• drug possession law
• first offender program
• expungement
• criminal justice records