Navigating Georgia’s Employment Background Screening Laws in 2025: A Comprehensive Guide

For employers in Georgia, understanding the landscape of employment background screening laws is crucial for making informed hiring decisions while remaining compliant with federal and state regulations. As we move through 2025, a firm grasp of these rules is more important than ever to avoid potential litigation.

This guide provides an in-depth look at Georgia’s legal framework for background checks, including key considerations for employers.

The Legal Framework: FCRA and Georgia State Law

At the federal level, the Fair Credit Reporting Act (FCRA) is the primary legislation governing employment background checks. This act classifies third-party background screening companies as Consumer Reporting Agencies (CRAs) and outlines strict procedures for employers to follow. Importantly, before conducting a background check through a CRA, employers must:

• Provide a clear, standalone disclosure to the applicant that a background check will be conducted.
• Obtain written consent from the applicant.

Furthermore, should an employer consider taking adverse action based on the report’s findings, the FCRA mandates a two-step adverse action process, which gives the applicant an opportunity to review and dispute the information.

How Many Years Back Can Criminal Offenses Be Considered in Georgia?

A common question for employers is how far back they can look into an applicant’s criminal history. In Georgia, the answer depends on the nature of the offense:

• Criminal Convictions: Generally, there is no statewide limit on how far back an employer can look at an applicant’s criminal conviction history.
• Non-Convictions: The FCRA places a seven-year lookback period on non-conviction information from the date of disposition. This includes arrests that did not lead to a conviction.

It’s also essential for employers to be aware of Georgia’s First Offender Act. Under this act, if an individual completes their sentence without any violations, the offense is discharged and is not considered a conviction, with certain exceptions for sensitive positions.

EEOC Guidance and Preventing Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) plays a vital role in preventing employment discrimination. While the EEOC does not prohibit employers from considering criminal records, it cautions against blanket policies that disqualify all applicants with a criminal history. Such policies may have a disparate impact on certain protected groups, potentially violating Title VII of the Civil Rights Act of 1964.

The EEOC advises employers to conduct an individualized assessment for each applicant with a criminal record, considering:

• The nature and gravity of the offense.
• The time that has passed since the offense and/or completion of the sentence.
• The nature of the job held or sought.

Georgia’s “Ban the Box” Initiative

In 2015, Georgia’s governor signed an executive order creating a “ban the box” policy for public sector employment. This means that state agencies are prohibited from asking about an applicant’s criminal history on the initial job application. However, it’s important to note that this does not apply to private employers in Georgia. Despite this, an increasing number of private companies are voluntarily adopting similar practices as a matter of good faith and to broaden their talent pool.

Important: Employers in Atlanta and Savannah must comply with local ban-the-box ordinances prohibiting criminal history questions on initial applications for most positions.