Georgia Background Check Laws for Employers (2026)
Georgia background check laws are short in number but sharp in effect. Each one changes how you hire, from the O.C.G.A. § 35-3-34 disclosure duty to the First Offender Act.
This guide explains every statute, names the agency behind it, and shows the compliant path for Georgia employers in 2026.
Georgia Background Check Laws at a Glance
Employers often ask which Georgia statute controls a hiring decision. The table below answers that question quickly.
Georgia has no mini-FCRA, no credit check limit, no statewide salary history ban, and no private-sector ban the box. Consequently, the federal FCRA plus the Georgia rules below define nearly every obligation you carry.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (no Georgia equivalent) | Sets the federal floor: disclosure, authorization, pre-adverse action, and adverse action. | Federal Trade Commission and the Consumer Financial Protection Bureau |
| State criminal records | O.C.G.A. § 35-3-34 | Controls release of Georgia criminal history to private businesses and requires you to tell an applicant when a record drives an adverse decision. | Georgia Crime Information Center (GCIC), a division of the Georgia Bureau of Investigation |
| Fair chance / ban the box | Executive Order of February 23, 2015 (state agencies only) | Removes the conviction question from state agency job applications. Private employers stay outside its reach. | Office of the Governor, applied through state agency hiring |
| Restricted and sealed records | O.C.G.A. § 35-3-37 | Restricts and seals qualifying arrests, non-convictions, and up to two misdemeanor convictions. Restricted records go only to criminal justice agencies. | GCIC, with the clerks of Georgia superior and state courts |
| First Offender Act | O.C.G.A. §§ 42-8-60 to 42-8-66; HB 162 (Act 403) | Treats a first offender discharge as a non-conviction. Courts seal new first offender records at sentencing from July 1, 2026. | Georgia sentencing courts, clerks of court, and GCIC |
| Lookback limits | No state cap; FCRA, 15 U.S.C. § 1681c | Bars reporting non-convictions older than seven years unless the job pays $75,000 or more. | FTC and CFPB |
| Credit reports | No state restriction; FCRA | Requires FCRA consent and adverse action steps for employment credit checks. | FTC and CFPB |
| Salary history | No state law | Georgia does not ban salary history questions; the City of Atlanta dropped the question from its own applications. | Not applicable |
| Drug and marijuana testing | O.C.G.A. §§ 34-9-410 to 34-9-421; § 33-9-40.2 | Creates a voluntary Drug-Free Workplace Program worth a 7.5% workers’ compensation premium discount. | Georgia State Board of Workers’ Compensation |
| Application questions | Title VII, ADEA, ADA, INA (federal) | Bars pre-offer questions about protected characteristics, disability, and citizenship status. | EEOC and U.S. Department of Justice |
| E-Verify | O.C.G.A. § 36-60-6; § 13-10-91 | Makes private employers with more than 10 employees file an E-Verify affidavit for a business license; public employers and contractors must use E-Verify. | Local licensing authorities; the Georgia Attorney General publishes the affidavit |
| Social media | No state statute | Georgia has no password-privacy law for applicants. | Not applicable |
| Driving records | O.C.G.A. § 40-5-2 and Ga. Comp. R. & Regs. 375-3-8; DPPA, 18 U.S.C. § 2721 | Decides who may buy a Georgia motor vehicle record, and for which purposes. | Georgia Department of Driver Services (DDS) |
| Long-term care | O.C.G.A. § 31-7-250 et seq.; Rule 111-8-12 | Requires fingerprint checks for long-term care owners, directors, and direct-access staff. | Georgia Department of Community Health, Office of Inspector General |
| Child care | O.C.G.A. § 20-1A-30 et seq. | Requires comprehensive fingerprint checks for child care directors and employees. | Bright from the Start: Georgia Department of Early Care and Learning (DECAL) |
Read each row with the FCRA in mind. Where Georgia stays silent, federal law still governs the process end to end.
How the FCRA Applies to Georgia Employers
Before Georgia law matters, federal law applies. The Fair Credit Reporting Act governs every report you order from a screening company.
Consequently, four steps run in a fixed order on each hire. The Federal Trade Commission publishes plain-language guidance on those steps.
Clear Disclosure
Give the applicant a clear, separate written notice. Do not bury it inside the application or the offer letter, because extra language on that page invites litigation.
Written Authorization
Obtain a signature before you order anything. Electronic signatures work well, so keep the signed record for the life of the file.
Pre-Adverse Action
If a report may cost the applicant the job, pause first. Send a copy of the report plus the federal Summary of Rights, then allow a reasonable window to respond.
Adverse Action Notice
State that the report influenced your decision and name the screening company, with its address and phone number. Also confirm that the company did not make the decision and cannot explain it.
Georgia’s Own Disclosure Rule: O.C.G.A. § 35-3-34
Georgia adds one duty that surprises many out-of-state employers. Look at O.C.G.A. § 35-3-34.
It reaches any employer who makes an adverse decision using a Georgia criminal history record. That employer must inform the applicant of all information pertinent to the decision, and Georgia treats a failure as a misdemeanor.
What the Disclosure Must Contain
Practically, you confirm three things. First, tell the applicant that you obtained a record; second, describe the specific contents you relied on; third, explain how those contents affected your choice.
The federal pre-adverse action letter already carries a copy of the report. Therefore most employers satisfy both duties in one sequence.
Consent and How Records Are Released
The Georgia Bureau of Investigation explains the release rules. A private business generally needs signed consent that lists the full name, address, Social Security number, and date of birth.
Felony conviction data may move without that consent when identifiers are sufficient. Fingerprint-based checks run through the Georgia Applicant Processing Service instead.
Statewide and County Court Searches
Most private employers screen through court records rather than the GCIC repository. BCS Background Screening LLC runs a Georgia real-time statewide criminal search that verifies every hit at the source, never from a static database.
For a single jurisdiction, a county criminal court search researches the court where the case lives. It costs $18 plus any court fees.
How Far Back Can a Georgia Background Check Go?
Georgia background check laws impose no statutory lookback cap on convictions. Instead, the federal FCRA rule in 15 U.S.C. § 1681c and Georgia’s record restriction rules decide what a report may show.
Convictions (Federal)
FCRA § 1681c(a)(5) exempts records of criminal convictions from the seven-year rule. Therefore a Georgia conviction may be reported regardless of age, whatever its grade.
Non-Convictions (Federal)
Arrests without conviction, dismissals, and other adverse items fall off after seven years under § 1681c(a).
Salary Exemption (Federal)
Section 1681c(b)(3) lifts the seven-year limit when the role is expected to pay $75,000 or more a year.
Restricted and First Offender Records
Records restricted under § 35-3-37, and first offender records sealed under § 42-8-62.1, leave public view entirely. Consequently they must not appear on an employment report.
A common myth says Georgia caps misdemeanor convictions at seven years. It does not; the seven-year rule reaches non-convictions, not convictions of any grade.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Record Restriction, Sealing, and the First Offender Act in Georgia
Restricted and Sealed Records Under O.C.G.A. § 35-3-37
Georgia says “record restriction” where other states say expungement. The Georgia Crime Information Center administers the process with the clerks of court under O.C.G.A. § 35-3-37.
Once restricted, a record is available only to criminal justice agencies. It moves out of reach for private employers and screening companies.
Non-conviction outcomes restrict automatically under § 35-3-37(h). The waiting period depends on the charge, as the table below shows.
| Record Type | Statute | Waiting Period | Key Limits |
|---|---|---|---|
| Dismissal, nolle prosequi, or acquittal | § 35-3-37(h) | Automatic at disposition | Non-conviction outcomes restrict without a petition |
| Misdemeanor arrest, no prosecution | § 35-3-37(h) | 2 years without prosecution | Automatic restriction |
| Felony arrest, no prosecution | § 35-3-37(h) | 4 years without prosecution | Automatic restriction |
| Serious violent or sexual felony arrest, no prosecution | § 35-3-37(h) | 7 years without prosecution | Automatic restriction |
| Misdemeanor conviction (SB 288) | § 35-3-37(j)(4) | 4 years after the sentence, no new conviction | By petition; up to two convictions in a lifetime; no pending charges |
| First offender sentence (HB 162) | §§ 42-8-62.1, 42-8-62.2 | At sentencing and after discharge, from July 1, 2026 | Automatic unless first offender status is revoked |
Senate Bill 288 and Misdemeanor Convictions
Georgia went further in 2020. Senate Bill 288 allows restriction and sealing of up to two misdemeanor convictions in a lifetime by petition to the convicting court.
The sentence must be complete, and at least four years must pass without a new conviction in any jurisdiction. Non-serious traffic offenses do not count against that rule, and no charges may be pending.
Still, the law excludes family violence, sexual, theft, and serious traffic offenses. The Georgia Law Review and the Collateral Consequences Resource Center both map the categories in detail.
What Restriction Means for Employers
Restricted and sealed records may be used to disqualify an applicant only in the same manner as a First Offender discharge. In other words, only the positions listed in § 42-8-63.1 may act on them.
Restriction does not override a disclosure that federal law requires, under § 35-3-37(u). Also, no Georgia statute bars an employer from asking about restricted or sealed records, although the answer rarely helps you.
Safer practice: ignore any restricted, sealed, or first offender record you learn of outside the § 42-8-63.1 exceptions. Acting on one invites an accuracy dispute under the FCRA and a claim under § 42-8-63.
The First Offender Act and HB 162
Georgia’s First Offender Act gives eligible defendants a sentence without an adjudication of guilt. After successful completion, the court discharges the case.
O.C.G.A. § 42-8-63 then states the result plainly. The discharge is not a conviction, and it may not disqualify the person from employment in the public or private sector.
Sealing used to be discretionary. Under HB 162 (Act 403, signed May 5, 2026), a court sentencing a first offender on or after July 1, 2026 must restrict and seal the record at sentencing under O.C.G.A. § 42-8-62.1.
Section 42-8-62.2 then requires sealing again after discharge, unless first offender status is revoked. The clerk seals the file within 60 days, and law enforcement restricts the arrest data within 30 days.
The Georgia Justice Project tracks the rollout, and Jackson Lewis has published employer guidance on it.
Fewer first offender entries will surface on Georgia reports. Meanwhile, access survives for criminal justice agencies, prosecutors, courts, the Department of Community Supervision, the State Board of Pardons and Paroles, and firearm transfer decisions.
The Narrow Exceptions Under § 42-8-63.1
O.C.G.A. § 42-8-63.1 lets some employers act on a first offender discharge for specified sexual and abuse offenses. Schools, child welfare agencies, and day care or after-school providers qualify.
Long-term care and elderly day care providers qualify as well. Facilities serving people with mental illness or developmental disabilities appear on the same list, and peace officer certification carries its own rule.
Outside those categories, treat a first offender discharge as a non-event. While the first offender sentence is still open, however, the plea is a pending matter.
Arrests and Non-Convictions
Restricted non-conviction records under § 35-3-37 may not be used. For other non-convictions, the federal seven-year reporting limit applies.
An arrest alone does not prove conduct. Always confirm the final disposition before you act, and consider the underlying conduct only when it is job-related and you have reviewed the facts.
Ban the Box in Georgia: Public Sector Only
Georgia became the first Southern state to ban the box. Governor Nathan Deal signed the executive order on February 23, 2015.
Yet the order reaches state agencies alone. As Seyfarth Shaw noted at the time, it does not apply to private employers.
What the Order Actually Changes
State agencies removed the conviction question from the initial application. Hiring managers now raise criminal history later, usually at the interview, and then weigh the record against the duties of the job.
Private Employers in Georgia
Private employers may still ask about convictions on the application. The National Employment Law Project lists no Georgia local ordinance that extends fair-chance timing to private hiring.
Several Georgia cities and counties adopted fair-chance policies for their own workforces, though. Be careful with vendor guides that blur that line.
Georgia requires no individualized assessment, notice, or waiting period before you act on a record. Nevertheless, blanket exclusions still draw Title VII scrutiny, so document a job-related reason for every criminal-history decision.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Federal Contractors
Federal agencies and contractors follow the Fair Chance to Compete for Jobs Act of 2019, 41 U.S.C. § 4714. That law delays conviction questions until after a conditional offer for work under covered federal contracts.
Watch the Source
Several screening guides attribute Georgia’s ban the box to a 2015 bill. In fact, it came from an executive order, and no statute followed it.
What a Georgia Job Application May Ask
Georgia has no statute that lists forbidden pre-employment inquiries for private employers. Instead, federal law decides which questions a Georgia application may ask.
The Georgia Fair Employment Practices Act in Title 45 covers public officers and employees only, and the Georgia Commission on Equal Opportunity administers it. Private employers answer to Title VII and the EEOC instead, so the four limits below apply to nearly every Georgia employer.
Sex, Marital Status, Religion, and Photographs
Title VII, 42 U.S.C. § 2000e-2, makes sex a lawful question only where it is a bona fide occupational qualification. Almost no job meets that test.
The EEOC treats questions about race, sex, religion, marital status, children, or pregnancy as evidence of intent to discriminate. The EEOC also says employers should not ask for a photograph before hire.
Ask instead: whether the applicant can work the schedule, travel, and overtime the job requires. Request a photograph only after hire for a badge.
Date of Birth and Age
The ADEA protects applicants 40 and older at employers with 20 or more employees. Under 29 C.F.R. § 1625.5, a date-of-birth question is closely scrutinized because it deters older applicants.
Your screening company still needs the date of birth to match Georgia criminal records. So, collect it on the FCRA authorization form after the conditional offer, never on the application.
Ask instead: “Are you at least 18 (or 21) years old?” where the job has a legal minimum age.
Disability, Health, and Workers’ Compensation
The ADA, 42 U.S.C. § 12112(d)(2), bars disability-related inquiries and medical exams before a conditional offer. Questions about health, prescriptions, prior workers’ compensation claims, or sick leave all count.
GINA, 42 U.S.C. § 2000ff-1(b), separately bars requests for family medical history. Post-offer exams must apply to every entering employee in the job category.
Ask instead: whether the applicant can perform the essential functions with or without reasonable accommodation.
Citizenship, National Origin, and Military Discharge
The Immigration and Nationality Act, 8 U.S.C. § 1324b, bars citizenship-status discrimination at employers with four or more employees. Pre-hire questions about birthplace, immigration status, or a “green card” are evidence of a violation.
USERRA, 38 U.S.C. § 4311, protects uniformed service. Do not ask the type of military discharge on an application; ask only after the offer where a law or license requires it.
Ask instead: “Are you legally authorized to work in the United States?” and “Will you need sponsorship for an employment visa?”
EEO self-identification is different. Collect race, ethnicity, sex, veteran, and disability status on a separate, voluntary form kept away from decision-makers. Private employers with 100 or more employees file the EEO-1 report each year under 29 C.F.R. § 1602.7.
Credit Reports, Salary History, Drug Testing and More
Employment Credit Reports
No Georgia statute limits employment credit checks. Accordingly, the FCRA controls: disclose, authorize, then follow the adverse action sequence.
Restrict credit inquiries to roles with real financial exposure, and document that business reason. That practice lowers disparate-impact risk under Title VII.
Salary History and Pay Transparency
Georgia has no statewide salary history ban and no pay transparency statute. In February 2019, however, the City of Atlanta removed the salary history question from City of Atlanta job applications.
That action covers city government hiring only. Private employers across Georgia may still ask, though many now skip the question by policy.
Drug and Marijuana Testing
Georgia encourages testing rather than restricting it. Employers may test applicants for THC and other drugs, and safety-sensitive roles carry no special limit.
The State Board of Workers’ Compensation certifies employers under O.C.G.A. §§ 34-9-410 to 34-9-421. Certified employers earn a 7.5% workers’ compensation premium discount under O.C.G.A. § 33-9-40.2.
Certification costs $35 and requires annual proof to your carrier. Additionally, Georgia grants no employment protection for medical cannabis registrants.
SB 220 (Act 712, signed May 12, 2026, effective July 1, 2026) renames low-THC oil as medical cannabis. It removes the 5 percent THC cap in favor of a 12,000 mg possession limit and permits vaporization for patients 21 and older.
However, SB 220 adds no workplace protections and no accommodation duty. Employers may keep testing and keep their drug-free policies, as the alerts section explains.
Motor Vehicle Records
Driving histories follow a separate track. The Georgia Department of Driver Services issues motor vehicle reports under O.C.G.A. § 40-5-2 and Ga. Comp. R. & Regs. 375-3-8.
Federal law adds another layer, because the Driver’s Privacy Protection Act, 18 U.S.C. § 2721, requires a permissible purpose. When you request another person’s record, you must hold that driver’s signature.
DDS publishes three report lengths: three-year, seven-year, and lifetime. Certified versions exist for employment and insurance use.
Order a motor vehicle report whenever driving forms part of the job. Delivery routes, trucking, outside sales, and CDL positions all qualify, so re-run annually through our motor vehicle records search.
E-Verify and Form I-9
O.C.G.A. § 36-60-6 requires private employers with more than 10 employees to use E-Verify. You file an affidavit when you obtain or renew a local business license.
In addition, public employers and contractors must use E-Verify under O.C.G.A. § 13-10-91. County guidance explains the filing.
Every employer must still complete Form I-9 for each new hire under 8 C.F.R. § 274a.2. Finish Section 1 by the first day of work and Section 2 within three business days.
Social Media and Passwords
Georgia has no social media password-privacy statute. Even so, never request an applicant’s login credentials, and keep any public-profile review job-related and consistent.
Automated and AI Hiring Tools
Georgia has no statute regulating automated or AI hiring tools. Title VII, the ADA, and the ADEA still apply to any screening tool that creates a disparate impact.
Industry Rules Georgia Employers Cannot Skip
Some Georgia sectors carry mandatory, fingerprint-based screening. Those programs run through state agencies, not through a consumer report.
Review the card that matches your industry, then build the state process into onboarding.
Long-Term Care
O.C.G.A. § 31-7-250 et seq. and Rule 111-8-12 require fingerprint checks for owners, directors, and direct-access staff. The Department of Community Health runs it through GCHEXS.
Covered settings include nursing homes, personal care homes, assisted living, home health, hospice, adult day care, and private home care. Add a FACIS® report to screen OIG and state exclusion lists.
Child Care
O.C.G.A. § 20-1A-30 et seq. requires comprehensive records checks. DECAL issues a determination letter before anyone works unsupervised.
Checks renew every five years, and sooner after a facility change or a six-month gap.
Schools
Certified educators clear fingerprint records checks through the Georgia Professional Standards Commission. Local boards apply their own rules to classified staff and contractors.
Volunteers with student contact often follow district policy instead. Schools may also act on first offender discharges for the offenses listed in § 42-8-63.1.
Work Authorization
O.C.G.A. § 36-60-6 requires private employers with more than 10 employees to use E-Verify and file an affidavit with each business license. Public employers and contractors must use E-Verify under O.C.G.A. § 13-10-91.
Law Enforcement
Peace officer certification carries separate disqualifiers. Under § 42-8-63.1, a first offender discharge for a felony or a crime of moral turpitude may block certification, and POST standards apply on top of that.
Financial and Licensed Roles
Banks, insurance agencies, and licensed professions answer to federal and board-level rules. Sealed Georgia records may still reach those decision-makers when a statute requires disclosure, so confirm the requirement before you ask.
What Changed for Georgia Employers in 2026
Georgia enacted two laws in 2026 that touch employment screening, and three federal changes affect how Georgia employers screen this year. Review each item below.
HB 162 seals First Offender records automatically at sentencing and after discharge
HB 162 (Act 403, signed May 5, 2026) amended the First Offender Act. For sentences imposed on or after July 1, 2026, courts must restrict and seal first offender records at sentencing under O.C.G.A. § 42-8-62.1 and again after discharge under § 42-8-62.2, unless first offender status is revoked.
A First Offender discharge was already a non-conviction under § 42-8-63, and it may not disqualify a person from public or private employment outside the § 42-8-63.1 exceptions. Now fewer of those entries will surface on Georgia reports at all.
What to do: Order Georgia searches from a source that refreshes court data in real time, and train hiring managers to treat any first offender entry as a non-conviction unless your position falls under § 42-8-63.1.
Source: O.C.G.A. §§ 42-8-62.1, 42-8-62.2, 42-8-63; HB 162, Act 403 (2026). Read the law
SB 220 expands Georgia’s medical cannabis program but adds no workplace protections
SB 220 (Act 712, signed May 12, 2026, effective July 1, 2026) renames low-THC oil as medical cannabis. It removes the 5 percent THC cap in favor of a 12,000 mg possession limit and permits vaporization for patients 21 and older.
The law adds no employment protection for medical cannabis registrants and no accommodation duty. Employers may still test for THC and keep drug-free workplace policies under O.C.G.A. §§ 34-9-410 to 34-9-421.
What to do: Keep your written testing policy as it is. Consider certifying under the Drug-Free Workplace Program for the 7.5% workers’ compensation premium discount in O.C.G.A. § 33-9-40.2.
Source: SB 220, Act 712 (2026); O.C.G.A. §§ 34-9-410 to 34-9-421. Read the law
EEOC rescinds its 2012 arrest and conviction guidance
The Commission voted on October 28, 2026 to rescind the 2012 Enforcement Guidance on arrest and conviction records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements.
The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law.
What to do: Keep the individualized assessment and the written job-related criteria. They come from the courts (Green v. Missouri Pacific) and from state and local fair-chance laws, not from the rescinded guidance.
Source: EEOC press release, Oct. 29, 2026. Read the release
Medical marijuana moved to Schedule III; DOT testing is unchanged
DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III. All other marijuana remains Schedule I.
DOT testing is unchanged. 49 C.F.R. Part 40 still tests for marijuana, and DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a legitimate medical explanation for a positive result under 49 C.F.R. § 40.137.
What to do: Keep testing CDL drivers and other safety-sensitive employees for marijuana under Part 40. Georgia grants no employment protection to medical cannabis registrants, so no state protection applies to other roles either.
Source: DEA final rule, 91 FR, Doc. 2026-08176; 49 C.F.R. § 40.137. Read DOT’s guidance
OFCCP’s EO 11246 regulations are rescinded; Section 503 and VEVRAA remain
Executive Order 11246 was revoked by Executive Order 14173 on January 21, 2025. OFCCP then rescinded its implementing regulations at 41 C.F.R. parts 60-1 through 60-50 by final rule published August 21, 2026.
The FAR overhaul likewise removed subpart 22.8 and clauses 52.222-21 through 52.222-29. Race- and sex-based affirmative-action plan and recordkeeping duties under EO 11246 no longer apply.
What to do: Keep your Title VII, Section 503 (disability), and VEVRAA (protected veterans) nondiscrimination, affirmative-action, and recordkeeping programs. Those obligations for covered contractors remain in force.
Source: Executive Order 14173, Jan. 21, 2025; OFCCP final rule, Aug. 21, 2026. Read OFCCP’s notice
Georgia Employment Screening Services
BCS Background Screening LLC builds Georgia packages around the rules above. Order a single search, or combine several into one report.
Georgia Real-Time Statewide Search
Live court research across Georgia jurisdictions. We verify every hit at the source, never from a static database.
County Criminal Court Search
Direct county-level research where the case lives. Price: $18 plus court fees.
Nationwide Background Check
SSN trace, nationwide criminal database, sex offender registry, and watchlist screening in one $25 package.
Federal Criminal Search
Covers the U.S. District Courts for the Northern, Middle, and Southern Districts of Georgia for federal offenses.
Motor Vehicle Records
Driving histories for delivery, trucking, sales, and CDL positions, pulled under a permissible purpose.
SSN Trace & Address History
Names, aliases, and ten-plus years of reported addresses, so you search the right Georgia counties.
FACIS® Healthcare Sanctions
Screens OIG, SAM, and state exclusion lists for long-term care, home health, and other healthcare roles.
Verifications and Add-ons
Employment, education, and license verifications plus credit reports, priced individually.
Access to SSN Trace functionality is restricted at initial registration. This feature cannot be accessed at initial signup until your organization’s business use case is verified.
Georgia Employer Compliance Checklist
- Issue a standalone FCRA disclosure, then collect written authorization.
- Remove sex, marital status, religion, citizenship, and photograph questions from the application.
- Collect the date of birth on the FCRA authorization after the conditional offer, never on the application.
- Send a pre-adverse action packet with the report and the Summary of Rights.
- Satisfy O.C.G.A. § 35-3-34 by explaining how the record affected your decision.
- Exclude restricted, sealed, and first offender records unless § 42-8-63.1 covers your position.
- Document a job-related reason for each disqualifying conviction.
- Obtain driver consent before ordering a Georgia motor vehicle report.
- Run the required state program for long-term care, child care, or school roles.
- File your E-Verify affidavit if you employ more than 10 people.
Georgia Employment Screening Law FAQs
Does Georgia have its own version of the Fair Credit Reporting Act?
No. Georgia has never enacted a mini-FCRA. The federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., governs every consumer report used for employment here, and the Federal Trade Commission and the Consumer Financial Protection Bureau enforce it.
Georgia’s closest analogue is O.C.G.A. § 35-3-34, which controls release of state criminal history and adds an adverse-decision disclosure duty. The Georgia Crime Information Center, part of the Georgia Bureau of Investigation, administers that statute.
What must I tell an applicant I reject because of a criminal record?
Tell them everything relevant. O.C.G.A. § 35-3-34 requires the business making an adverse employment decision to inform the person of all information pertinent to that decision.
Georgia treats a violation as a misdemeanor. Therefore, fold this disclosure into your FCRA pre-adverse action letter. The Georgia Crime Information Center administers the statute, while the courts enforce the penalty.
How far back can a Georgia background check go?
Georgia sets no statutory lookback cap on convictions. Under 15 U.S.C. § 1681c(a)(5), convictions are exempt from the seven-year rule, so a Georgia conviction may be reported at any age.
Non-convictions drop off after seven years. However, § 1681c(b)(3) removes that limit for roles paying $75,000 or more. The FTC and CFPB oversee these provisions.
Is Georgia a ban-the-box state for private employers?
No. Governor Nathan Deal signed a ban-the-box executive order on February 23, 2015. It removed the conviction question from state agency applications, and the Office of the Governor applied it through state agency hiring.
Several Georgia cities and counties adopted fair-chance policies for their own workforces, but no Georgia ordinance reaches private hiring. Title VII still applies, and although the EEOC rescinded its 2012 guidance in October 2026, courts still weigh the offense, the time elapsed, and the job.
What may a Georgia employer ask on a job application?
Georgia has no pre-employment inquiry statute for private employers, so federal law controls. Title VII, the ADEA, the ADA, and the INA bar pre-offer questions about sex, religion, age, disability, and citizenship status.
The EEOC and the Department of Justice enforce those rules. Private employers may ask about convictions, but collect the date of birth on the FCRA authorization after the conditional offer, not on the application.
Can I consider a Georgia First Offender discharge when hiring?
Usually not. O.C.G.A. § 42-8-63 treats a First Offender discharge as a non-conviction, so it may not disqualify a person from public or private employment. Georgia courts and the Georgia Crime Information Center administer the program.
O.C.G.A. § 42-8-63.1 carves out narrow exceptions for specified sexual and abuse offenses. Schools, child-care providers, long-term care and elderly care facilities, and mental health facilities may act on those, and peace officer certification follows its own rule.
What changed for first offender records on July 1, 2026?
House Bill 162 (Act 403, signed May 5, 2026) made sealing automatic. Under O.C.G.A. § 42-8-62.1, a court sentencing a first offender on or after July 1, 2026 must restrict and seal the record at sentencing, and § 42-8-62.2 requires sealing again after discharge.
As a result, fewer first offender entries appear on Georgia employment reports. Access continues for criminal justice agencies, prosecutors, courts, the Department of Community Supervision, the State Board of Pardons and Paroles, and firearm transfer determinations.
What does record restriction under O.C.G.A. § 35-3-37 mean for employers?
Restricted records go only to criminal justice agencies. The Georgia Crime Information Center administers restriction with the clerks of court. Non-convictions restrict automatically under § 35-3-37(h) after two years for misdemeanors, four years for felonies, and seven years for serious violent or sexual felonies.
Senate Bill 288 added misdemeanor convictions in 2020. Up to two convictions in a lifetime may be restricted by petition after four conviction-free years, with family violence, sexual, theft, and serious traffic offenses excluded. Employers may use restricted records only for the positions listed in § 42-8-63.1.
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This page provides general information about Georgia background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.