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SB 288 - Authorizes Record Restriction for Certain Misdemeanor and Conditional Discharges - Georgia Key Vote

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Title: Authorizes Record Restriction for Certain Misdemeanor and Conditional Discharges

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Title: Authorizes Record Restriction for Certain Misdemeanor and Conditional Discharges

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.

Title: Authorizes Record Restriction for Certain Misdemeanor and Conditional Discharges

Title: Authorizes Record Restriction for Certain Misdemeanor and Conditional Discharges

Title: Authorizes Record Restriction for Certain Misdemeanor and Conditional Discharges

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