Georgia: Adult Diversion/Deferral Program (GA-D-4)

Records relating to a first offender case can be ordered restricted by the court at sentencing or during the term of a sentence imposed before July 1, 2016. Ga. Code Ann. §42-8-62.1(b).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Shield

Ineligible Category or Citation

See section 42-8-60(j) for offenses ineligible for first offender sentencing.

Procedure General

A request can be made at sentencing or during the term of a sentence imposed before July 1, 2016. For specific procedure, see Ga. Code Ann. §§ 42-8-60, 42-8-62.1. Thereafter, a petition can be filed with the court to seal all criminal history record information. Click here for more information.

Fees

No fee can be charged.

Effect

A discharge is not a conviction of a crime and cannot be used to disqualify an individual in any application for employment or appointment to office in either the public or private sector, except for positions listed in section 42-8-63.1. Ga. Code Ann. §§ 42-8-63, 42-8-63.1 The criminal history information is sealed and unavailable to the public, except for specified purposes. Ga. Code Ann. § 42-8-62.1(d)-(g).

Waiting Periods

There is no waiting period.

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