Georgia: Adult Diversion/Deferral Program (GA-D-1)

Records of a first-offense underage alcohol case following either the successful completion of pre-adjudication probation or court ordered restriction upon sentencing as permitted in Code Section 3-3-23.1 are restricted by the Georgia Crime Information Center. Ga. Code Ann. § 35-3-37(h)(2)(C).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Shield

Ineligible Category or Citation

This section applies only to pre-adjudication probation under 3-3-23.1(c) for violations of 3-3-23(a)(2) and (3).

Procedure General

The Georgia Crime Information Center restricts access to the record. For the specific procedure, see Ga. Code Ann. § 35-3-37(h). Thereafter, a petition can be filed with the court to seal all criminal history record information maintained by the clerk of the court for the person's charge. Ga. Code Ann. § 35-3-37(m). Click here for more information. Request can be made to restrict access to county or municipal court or detention center records. Click here for more information.

Fees

There is no statutory language regarding fees.

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), (k).

Waiting Periods

The case is restricted upon dismissal of charges.

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