Bill > HB1469

This bill aims to allow for the restriction and sealing of certain criminal records for individuals who receive a first-time conditional discharge for possession of controlled substances or certain nonviolent property crimes that were related to addiction. A conditional discharge is a program where a person pleads guilty or is found guilty of a crime, but the court defers judgment and places them on probation with specific conditions, such as completing a rehabilitation program. If the conditions are met, the charges are dismissed without a formal conviction. This bill expands this provision to include nonviolent property crimes linked to addiction and clarifies that these records will be restricted and sealed from public view until the conditional discharge status is revoked, meaning if the person violates the terms of their probation. The bill also specifies who can still access these sealed records, such as criminal justice agencies, prosecuting attorneys, judges, and the individual themselves, and outlines procedures for petitioning to seal records for those sentenced before the bill's effective date. Additionally, it amends laws related to the Georgia Bureau of Investigation (GBI) to ensure that the GBI and other law enforcement agencies restrict and seal these records accordingly, with specific exceptions for certain authorized entities and purposes, such as firearm transfers or federal law requirements.

Justice

https://www.legis.ga.gov/legislation/73708