---
title: O.C.G.A. § 49-5-111. Employers authorized to make records checks; procedure; retention of fingerprints.
collection: code
id: 49-5-111
cite_as: O.C.G.A. § 49-5-111 (2025)
canonical_url: https://georgiacommons.org/code/49-5-111
md_url: https://georgiacommons.org/code/49-5-111.md
text_url: https://georgiacommons.org/code/49-5-111/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t49-t50-ch1-12-(v38)-2023-pdf.pdf?sfvrsn=60c992b5_0#page=332
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/49-5.md
previous: https://georgiacommons.org/code/49-5-110.md
next: https://georgiacommons.org/code/49-5-112.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: SOCIAL SERVICES / PROGRAMS AND PROTECTION FOR CHILDREN AND YOUTH / RECORDS CHECKS FOR PERSONS SUPERVISING CHILDREN
---

# O.C.G.A. § 49-5-111. Employers authorized to make records checks; procedure; retention of fingerprints.

(a) On and after July 1, 1986, an employer may require that a new or current employee or volunteer submit to a records check for the purpose of determining whether such person has ever been convicted of a crime or has a criminal record.

(b) An employer seeking a records check on an employee shall submit a records check application to the GCIC. Upon receipt thereof, the GCIC shall promptly conduct a search of its records and records to which it has access. Within a reasonable time after receiving the application, the GCIC shall notify the employer in writing of any criminal record finding or of the fact of no such finding.

(c) If the employer is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this article for such program and the employer shall notify the individual whose fingerprints were taken of the parameters of such retention.

## History

Code 1981, § 49-5-111, enacted by Ga. L. 1986, p. 669, § 1; Ga. L. 2018, p. 507, § 2-19/SB 336.

## Law Reviews

For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 119 (2018).