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The information on this site was last updated July 5, 2017 and might not reflect the most recent changes to criminal law.

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NOTE: Laws and policies can change. I make no guarantee as to the accuracy of the following document. It is provided as a service; a guide if you will. If you need specific info regarding the GBI's current interpretation of the law, you can call the helpline at  404-244-2639 or log onto the website.
 

GCIC OPERATIONS BULLETIN 2006-24

Circumstances for Release of Completed First Offender Criminal History Records

1. 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 fields.

2. 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:

A. 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;

B. 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);

C. 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.
 

3. 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 above.

A. Purpose Code W is designated for criminal history inquiries on applicants for employment providing care to children.

B. Purpose Code N is designated for criminal history inquiries on applicants for employment providing care to the elderly.

C. 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.

5. Inquiries for employment that do not meet the requirements under 35-3-34.1 should be requested utilizing Purpose Code E.

 

 

 

 

 

 

 

 

 

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Content J. Michael Mullis, Attorney at Law