Georgia: Adult Diversion/Deferral Program (GA-D-5)

Records relating to a first offender case, which were previously restricted, can be sealed by the court at any time. Ga. Code Ann. §42-8-62.1(c).

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

Seal

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. Thereafter a petition can be filed in the court that handled the case, requesting sealing of defendant's criminal history information in the custody of the clerk. For specific procedure see Georgia Code Ann. §§ 42-8-60, 42-8-62.1.

Fees

There is no statutory language regarding fees.

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), (e), (f), (g)

Waiting Periods

The petition can be filed any time after the person is discharged.

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