Signed by Governor Brian Kemp

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that expands the ability to request record restriction for certain misdemeanor and conditional discharges, among other provisions.

Highlights:

• Authorizes individuals to petition a court to restrict access to a history of a felony charge for four years if their charge was dismissed or acquitted (Sec. 1).

• Prohibits the following crimes from being petitioned to be restricted (Sec. 1):

• Family violence unless the offender is under 21;

• Stalking;

• Child molestation;

• Workplace sexual harassment;

• Public indecency;

• Prostitution;

• Sexual battery;

• Hindering someone from making a 911 call;

• Voyeurism;

• Grand theft; and

• Driving under the influence.

• Authorizes convicted individuals that were pardoned by the State Board of Pardons and Paroles to petition the court to restrict access to a history of a felony charge (Sec. 1).

• Authorizes employers to have access to an individual's criminal history (Sec. 1).

• Establishes that any of the following entities have access to any restricted information (Sec. 1):

• The Judicial Qualifications Commission;

• An attorney representing an accused individual that submits an affidavit confirming the information is relevant to a proceeding;

• A prosecuting attorney or public defender;

• A court order; and

• An individual who is the subject of the restricted information.

• Establishes that Section 1 of this bill will apply to all cases before, on, or after July 1, 2020 (Sec. 1).

• Prohibits the release of criminal history in cases against an employer or employees if (Sec. 3):

• The nature of such history is irrelevant to the facts underlying such proceeding;

• The history was restricted prior to the incident; or

• Such criminal history is for an arrest that did not result in a conviction.

Full Bill Text