O.C.G.A.

O.C.G.A. § 24-4-419 (2019)

Admissibility of criminal history record information

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) As used in this Code section, the term “criminal history record information” shall have the same meaning as set forth in Code Section

(b) In a civil proceeding against an employer, its employees, or its agents based on the conduct of an employee or former employee, criminal history record information shall not be admissible if:

(1) The nature of such criminal history record information is not relevant to the facts underlying such proceeding or the veracity of the witness;

(2) Prior to the act giving rise to such proceedings, criminal history record information was restricted or sealed as provided in Code Section 35-3-37, or a pardon for such conduct was granted; or

(3) Such criminal history information is for an arrest or charge that did not result in a conviction.

History

Code 1981, § 24-4-419, enacted by Ga. L. 2020, p. 753, § 3-1/SB 288. Effective date. This Code section became effective January 1, 2021.

Annotations

Law reviews. For article with annual survey on labor and employment law, see 73 Mercer L. Rev. 137 (2021).

CHAPTER 5 PRIVILEGES Sec.

Certain communications privileged. Communications to clergy privileged. Husband and wife as witnesses for and against each other in criminal proceedings. Law enforcement officer or nonsworn employee of law enforcement agency testimony. Party or witness privilege. Privilege against self-incrimination; testimony of accused in criminal case.

Law reviews. For article, “Evidence,” see 27 Ga. St. U. L. Rev. 1 (2011).

Sec.

Grant of immunity; contempt. Qualified privilege for news gathering or dissemination. Communications between victim of family violence or sexual assault and agents providing services to such victim; termination of privilege. Privileged communications between law enforcement officers and peer counselors.

For article on the 2011 enactment of this chapter, see 28 Ga. St. U.L. Rev. 1 (2011).