Circumstances for Release of Completed First
Offender Criminal History Records
O.C.G.A. §35-3-34.1, which was enacted July 1, 2004, provides for
the disclosure of completed first offender records when conducting
pre-employment criminal history record checks for specific job
Under this law, the Georgia Crime Information Center (GCIC) and
local law enforcement agencies are authorized, and required, to
release first offender information (arrest, charges, sentencing)
on individuals when the offender was discharged without a court
adjudication of guilt on or after July 1, 2004 and one of the
following three conditions exists:
The individual is applying for employment with a public school,
private school, child welfare agency or a person or entity that
provides day care for minor children or after school care for
minor children and was convicted of child molestation, sexual
battery, enticing a child for indecent purposes, sexual
exploitation of a child, pimping, pandering or incest;
The individual is applying for employment with a nursing home,
personal care home or a person or entity that offers day care
for elderly persons and was convicted of sexual battery, incest,
pimping, pandering or a violation of §30-5-8 (related to
criminal penalties for abuse, neglect or exploitation of
disabled or elder persons);
The individual is applying for employment with a facility, as
defined in §37-3-1 or §374-2, that provides services to persons
who are mentally ill, as defined in §37-3-1, or mentally
retarded, as defined in §37-4-2, and was convicted of sexual
battery, incest, pimping or pandering.
As of September 1, 2005, there will be three new purpose codes
available for use when conducting criminal history record checks
on individuals who are applicants for employment as described
Purpose Code “W” is designated for criminal history inquiries on
applicants for employment providing care to children.
Purpose Code “N” is designated for criminal history inquiries on
applicants for employment providing care to the elderly.
Purpose Code “M” is designated for criminal history inquiries on
applicants for employment providing care to the mentally ill.
4. GCIC and local agencies shall not
provide records of arrest, charges and sentences for crimes
relating to first offenders in cases where offenders have been
exonerated and discharged without court adjudication of guilt
except as specifically authorized by §35-3-34.1.
Inquiries for employment that do not meet the requirements under
§35-3-34.1 should be requested utilizing Purpose Code “E”.