Georgia employers should expect to see fewer First Offender records on standard background checks. As of July 1, 2026, Georgia’s amended First Offender Act (HB 162) requires courts to restrict and seal qualifying records, both at sentencing and again when the individual successfully completes the terms of the sentence. Before this change, sealing was largely discretionary.

What the First Offender Act does

Georgia’s First Offender Act allows eligible individuals who have not previously been convicted of a felony to complete a sentence without a conviction being entered. When the terms are completed successfully, the individual is discharged without an adjudication of guilt. The amendment makes record restriction and sealing a required step at key points in that process rather than one that depends on a separate request.

What employers will notice

• Fewer First Offender records appearing on standard criminal background checks
• Some records that appeared on earlier reports may no longer be reportable
• A greater need for screening providers to follow current law closely and report only legally permissible information

What it means for your screening program

These changes do not make background screening less valuable. They make accuracy and up-to-date legal knowledge more important. Employers should review hiring policies that reference criminal history to make sure they reflect current Georgia law, and continue to follow FCRA requirements and any applicable fair-chance rules.

Horizon monitors legislative changes in Georgia and nationwide and researches official court records directly, so reports reflect what can lawfully be reported today. Learn more about our Criminal Background Searches.

General information only — confirm your specific process with qualified employment counsel.

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