Georgia: Adult Diversion/Deferral Program (GA-D-3)

Records of a first-offense controlled substance possession or related nonviolent property crime dismissed following successful completion of pre-adjudication probation or a court- ordered restriction upon sentencing as permitted in Code Section 16-13-2 are restricted by the Georgia Crime Information Center. Ga. Code Ann. § 35-3-37(h)(2)(B).

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 16-13-2(a) and (c). Ga. Code Ann. § 35-3-37(h)(2)(B).

Procedure General

The Georgia Crime Information Center restricts access to the record when it receives notice of the case's dismissal. 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. Click here for more information. A request can be made to restrict access to 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, licensing or regulating agencies. Ga. Code Ann. §§ 35-3-37(a)(6), (k). Discharge and dismissal under section 16-13-2(c) cannot be used to disqualify a person in any application for employment or appointment to office in either the public or private sector. Ga. Code Ann.§ 16-13-2(c).

Waiting Periods

The record is restricted upon notice of case dismissal.

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