TITLE 35 LAW ENFORCEMENT OFFICERS AND AGENCIES

Section 3. Georgia Bureau of Investigation, 35-3-1 through 35-3-204.

ARTICLE 2 GEORGIA CRIME INFORMATION CENTER

35-3-34.1. Circumstances when exonerated first offender's criminal record may be disclosed.

When a defendant has been exonerated and discharged without court adjudication of guilt pursuant to Article 3 of Chapter 8 of Title 42, the center is authorized to provide the first offender's record of arrests, charges, or sentences to the employers and entities and under the conditions set forth in Code Section 42-8-63.1.

(Code 1981, §35-3-34.1, enacted by Ga. L. 2003, p. 840, § 3; Ga. L. 2006, p. 72, § 35/SB 465; Ga. L. 2006, p. 164, § 1/HB 1335; Ga. L. 2009, p. 453, § 3-10/HB 228; Ga. L. 2011, p. 227, § 23/SB 178; Ga. L. 2013, p. 524, § 3-6/HB 78; Ga. L. 2016, p. 443, § 6B-4/SB 367.)

The 2011 amendment, effective July 1, 2011, inserted "assisted living community," near the middle of paragraph (a)(2).

The 2013 amendment, effective July 1, 2013, in paragraph (a)(2), substituted "long-term care facility as defined in Code Section 31-8-51" for "nursing home, assisted living community, personal care home," near the middle, and substituted "Article 8 of Chapter 5 of Title 16" for "Code Section 30-5-8" near the end.

The 2016 amendment, effective July 1, 2016, substituted the present provisions of this Code section for the former provisions, which read: "(a) Where an offender has been exonerated and discharged without court adjudication of guilt pursuant to Article 3 of Chapter 8 of Title 42, the center is authorized to provide the first offender's record of arrests, charges, or sentences if the offender was exonerated and discharged without a court adjudication of guilt on or after July 1, 2004, and either.

"(1) The request for information is an inquiry about a person who has applied for employment with a public school, private school, child welfare agency, or a person or entity that provides day care for minor children or after school care for minor children and the person who is the subject of the inquiry to the center was prosecuted for the offense of child molestation, sexual battery, enticing a child for indecent purposes, sexual exploitation of a child, pimping, pandering, or incest;

"(2) The request for information is an inquiry about a person who has applied for employment with a long-term care facility as defined in Code Section 31-8-51 or a person or entity that offers day care for elderly persons and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, pandering, or a violation of Article 8 of Chapter 5 of Title 16; or

"(3) The request for information is an inquiry about a person who has applied for employment with a facility as defined in Code Section 37-3-1 or 37-4-2 that provides services to persons who are mentally ill as defined in Code Section 37-1-1 or developmentally disabled as defined in Code Section 37-1-1, and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, or pandering.

"(b) First offender records including records of arrests, charges, or sentences may be released to any law enforcement unit and the Georgia Peace Officer Standards and Training Council where the request for information is an inquiry about a person who has applied for employment in a certified position or a person who is an applicant, candidate, or peace officer as defined in Code Section 35-8-2."