Georgia Background Check Laws for Employers
Georgia background check laws are short in number but sharp in effect. However, each one changes how you hire. This guide explains every statute, names the agency behind it, and shows the compliant path.
Georgia Background Check Laws at a Glance
Employers often ask which Georgia statute controls a hiring decision. The table below answers that question quickly. Each row names the law, states what it requires, and identifies the agency that administers it.
Georgia statutes and orders that govern hiring
| Law or rule | What it does | Administering agency |
|---|---|---|
| O.C.G.A. § 35-3-34 | Controls release of Georgia criminal history to private persons and businesses. Also 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 |
| O.C.G.A. § 35-3-37 | Restricts and seals qualifying arrests, non-convictions, and up to two misdemeanor convictions. Restricted records stay out of private reports. | GCIC, with the clerks of Georgia superior and state courts |
| O.C.G.A. §§ 42-8-60 to 42-8-66 (First Offender Act) | Treats a first offender discharge as a non-conviction. HB 162 seals new first offender sentences automatically from July 1, 2026. | Georgia sentencing courts, clerks of court, and GCIC |
| Executive Order of February 23, 2015 (“ban the box”) | Removes the conviction question from state agency job applications. Private employers stay outside its reach. | Office of the Governor, applied through state agency hiring |
| O.C.G.A. § 40-5-2 and Ga. Comp. R. & Regs. 375-3-8 | Decides who may buy a Georgia motor vehicle record, and for which purposes. | Georgia Department of Driver Services (DDS) |
Industry, work authorization, and federal rules
| Law or rule | What it does | Administering agency |
|---|---|---|
| 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 |
| 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) |
| O.C.G.A. § 36-60-6 | Makes private employers with more than 10 employees file an E-Verify affidavit for a business license. | Local licensing authorities; the Georgia Attorney General publishes the affidavit |
| O.C.G.A. §§ 34-9-410 to 34-9-421 | Creates a voluntary Drug-Free Workplace Program worth a 7.5% workers’ compensation premium discount. | Georgia State Board of Workers’ Compensation |
| 15 U.S.C. § 1681 et seq. (FCRA) | Sets the federal floor: disclosure, authorization, pre-adverse action, and adverse action. | Federal Trade Commission and the Consumer Financial Protection Bureau |
What Georgia background check laws leave alone
Georgia has no mini-FCRA. It also sets no limit on employment credit checks, no statewide salary history ban, and no private-sector ban the box. Consequently, the federal statute plus the Georgia rules above define nearly every obligation you carry.
Read each row with the FCRA in mind. Where Georgia stays silent, federal law still governs the process end to end.
The FCRA Sets the Floor Beneath Georgia Background Check Laws
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.
Disclose in a standalone document
Give the applicant a clear, separate written notice. Do not bury it inside the application or the offer letter. Extra language on that page invites litigation.
Collect written authorization
Obtain a signature before you order anything. Electronic signatures work well. Keep the signed record for the life of the file.
Send a pre-adverse action notice
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.
Send the final adverse action notice
State that the report influenced your decision. Name the screening company, with its address and phone number. Also confirm that the company did not make the decision and cannot explain it.
The Federal Trade Commission publishes plain-language guidance on those steps. Meanwhile, the EEOC enforcement guidance on arrest and conviction records asks for individualized assessment. In short, weigh the offense, the time elapsed, and the job itself.
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. 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 consent 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.
How Far Back Can a Georgia Background Check Go?
Georgia background check laws impose no statutory lookback cap on convictions. Instead, the federal FCRA and Georgia’s record restriction rules decide what a report may show.
Convictions
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
Arrests without conviction, dismissals, and other adverse items fall off after seven years. However, § 1681c(b)(3) lifts that limit when the role pays $75,000 or more.
Restricted & 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.
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. Afterward, the agency weighs 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.
Nevertheless, timing is not the only risk. Blanket exclusions still draw Title VII scrutiny, so apply the EEOC factors to every disqualifying record.
The First Offender Act and HB 162: The Big 2026 Change
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. Moreover, it shall not disqualify the person from employment in the public or private sector.
What HB 162 changed on July 1, 2026
Sealing used to be discretionary. Now it is automatic. Under O.C.G.A. § 42-8-62.1, a court sentencing a first offender on or after July 1, 2026 must limit public access at sentencing. The clerk seals the file within 60 days. 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.
What employers should expect to see
Fewer first offender entries will surface on Georgia reports. Meanwhile, access survives for a short list of users. That list covers criminal justice agencies, prosecutors, and courts. It also covers the Department of Community Supervision, the State Board of Pardons and Paroles, and firearm transfer decisions. Certain disclosures required by federal or state law also continue.
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. Schools, child welfare agencies, and day care or after-school providers qualify for enumerated offenses. 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. Peace officer certification carries its own rule. Outside those categories, treat a first offender discharge as a non-event.
Record Restriction and Sealing 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. Once restricted, a record moves out of reach for private employers and screening companies.
What qualifies
Non-conviction outcomes lead the list. Dismissals, nolle prosequi entries, and completed diversion cases usually restrict automatically. Pardoned felonies may qualify on petition. Accountability court graduates gained eligibility in 2016.
Senate Bill 288 and misdemeanor convictions
Georgia went further in 2020. Senate Bill 288 allows restriction and sealing of up to two misdemeanor convictions, or one series arising from a single incident. Four conviction-free years must pass first, and no charges may be pending. Still, the law excludes family violence, sex offenses, theft, and serious traffic offenses. The Georgia Law Review and the Collateral Consequences Resource Center both map the categories in detail.
Credit Reports, Salary History, and Drug Testing in Georgia
Employment credit checks
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.
Salary history questions
Georgia has no statewide salary history ban. 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 testing and the Drug-Free Workplace Program
Georgia encourages testing rather than restricting it. 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. Certification costs $35 and requires annual proof to your carrier. Additionally, Georgia grants no employment protection for medical cannabis cardholders.
Public employment and the Georgia FEPA
The Georgia Fair Employment Practices Act sits in Title 45. That title covers public officers and employees. The Georgia Commission on Equal Opportunity administers it. Private employers answer to Title VII and the EEOC instead, so do not cite the FEPA in a private-sector policy.
Georgia Driving Records: DDS Rules and the DPPA
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.
What you can order
DDS publishes three report lengths: three-year, seven-year, and lifetime. Certified versions exist for employment and insurance use. When you request another person’s record, you must hold that driver’s signature.
When to run one
Order a motor vehicle report whenever driving forms part of the job. Delivery routes, trucking, outside sales, and CDL positions all qualify. Then re-run annually, since a clean record at hire can change quickly.
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.
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.
Work authorization
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.
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. 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. Confirm the requirement before you ask.
Georgia Employment Screening Searches from BCS Background Screening LLC
We build 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. Ideal for confirming a hit before you act on it.
Nationwide Background Check
SSN trace, nationwide criminal database, sex offender registry, and watchlist screening in one $25 package.
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.
All Search Packages and Add-ons
Verifications, drug testing, credit reports, and healthcare sanctions screening, priced individually.
Every BCS Background Screening LLC account includes optional Multiple Authentication Factor (MAF) protection, which you can enable for each user.
Georgia Compliance Checklist for Hiring Managers
Work through this list before your next Georgia offer. Each item maps to one of the Georgia background check laws covered above.
- Issue a standalone FCRA disclosure, then collect written authorization.
- Apply one consistent screening policy to every candidate in the same role.
- 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 from consideration.
- Check § 42-8-63.1 before acting on any first offender entry.
- Document an individualized assessment 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.
- Retain signed forms, notices, and delivery proof for each applicant file.
Georgia Background Check Laws: Employer 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. 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. In practice, you confirm that a record was obtained, describe its contents, and explain the effect.
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. Federal law controls instead. 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 are different. Arrests without conviction and other adverse items 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. The Office of the Governor then applied it through state agency hiring. Private employers were never covered.
Several Georgia cities and counties adopted similar fair-chance policies for their own workforces. Still, no Georgia ordinance reaches private hiring. Title VII and EEOC guidance continue to apply, so avoid blanket exclusions.
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. Therefore it may not disqualify a person from employment, public or private. Georgia courts and the Georgia Crime Information Center administer the program.
O.C.G.A. § 42-8-63.1 carves out narrow exceptions. Schools, child welfare agencies, and day care providers may act on enumerated offenses. Long-term care and elderly day care providers may do the same. So may facilities serving people with mental illness or developmental disabilities. Peace officer certification follows its own rule.
What changed for first offender records on July 1, 2026?
House Bill 162 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 limit public access at sentencing. The clerk of court seals the file within 60 days, and law enforcement restricts arrest data within 30 days.
As a result, fewer first offender entries appear on Georgia employment reports. Access continues for criminal justice agencies, prosecutors, and courts. It also continues for 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 leave public view. Georgia uses “record restriction” where other states say expungement. The Georgia Crime Information Center administers it with the clerks of court. Non-convictions, dismissals, and completed diversion cases usually restrict automatically.
Senate Bill 288 expanded the law in 2020. Up to two misdemeanor convictions may be restricted and sealed after four conviction-free years, provided no charges are pending. Family violence, sex offenses, theft, and serious traffic offenses remain excluded, so verify eligibility before assuming a record is gone.
Does Georgia regulate credit checks, salary history, drug tests, or driving records?
Credit and salary history stay largely unregulated. No Georgia statute limits employment credit checks, and no statewide salary history ban exists. The City of Atlanta removed the salary history question from city applications in 2019, which affects city government hiring only.
Drug testing runs through O.C.G.A. §§ 34-9-410 to 34-9-421. The Georgia State Board of Workers’ Compensation certifies participating employers and grants a 7.5% premium discount. Driving records follow O.C.G.A. § 40-5-2 and Rule 375-3-8, administered by the Department of Driver Services, plus the federal Driver’s Privacy Protection Act.
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Disclaimer: BCS Background Screening LLC provides this page for general information only. It is not legal advice, and it does not create an attorney-client relationship. Georgia law changes, and agency practice changes with it. Consult qualified Georgia employment counsel before you adopt or revise a screening policy.