Georgia bill would seal records at sentencing rather than after successful completion of sentence

Representative Hagan presented House Bill 162 on March 11, saying the bill is intended to restore the First Offender Act to its original purpose as a second-chance law. "It amends and modernizes our First Offender Act, so that it truly is a second chance that it was originally intended to be," Hagan told the committee.

Under current law, records are restricted at sentencing and sealed after successful completion of the sentence, the sponsor said. HB 162 would change the timing so records are sealed and restricted at sentencing; a judge would still have the discretion to unseal records if the offender violates sentencing terms or for other reasons, Hagan said.

Committee members asked clarifying questions about procedure and timing. The sponsor noted this is the third session he has carried the bill and said the change affects when records become sealed, not the judge’s authority to unseal for cause.

The committee moved the bill to the floor as part of a package voted by unanimous voice vote.