Georgia: Adult Convictions (GA-C-6)

A defendant convicted of an offense and sentenced while such individual was a victim of an offense of trafficking under Code Section 16-5-46 may petition the court imposing the sentence to restrict said conviction. Ga. Code Ann. § 35-3-37(j)(6).

Record Detail(s)

Human trafficking offenses

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

Yes, if requested

Clearance Process

Petition-based

Remedy

Shield

Ineligible Category or Citation

No statutory language regarding ineligible offenses.

Procedure General

The petitioner will serve the petition upon the prosecuting attorney. The petition must contain the information detailed in Ga. Code Ann. § 35-3-37(j)(6)(B). If the prosecuting attorney fails to respond within 30 days, the court will issue an order restricting the conviction and sentence. Ga. Code Ann. § 35-3-37(j)(6)(C).If the prosecutor objects, a hearing will be held within 90 days. See Ga. Code Ann. § 35-3-37(j)(6) for additional procedural information.

Fees

No fee is permitted to be charged for a petition under this section.

Effect

Restricted criminal history record information is available only for specified law enforcement purposes and will not be disclosed or otherwise made available to any private persons, businesses, government agencies, or licensing or regulating agencies. Ga. Code Ann. § 35-3-37(a)(6).

Waiting Periods

There is no statutory language regarding a waiting period.

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