Georgia Senate Bill 288, which goes into effect on January 1, 2021, will be life-changing for thousands of Georgians who want to work but are held back by their criminal history. 

A misdemeanor offense can negatively impact employment, housing, and other benefits. SB 288 intends to remedy that problem. Once in effect, SB 288 will allow individuals with certain misdemeanor convictions and non-violent felonies to petition the court to have their criminal record restricted and sealed, also known as “expunged.”

Offenders would be able to petition for their misdemeanor to be restricted as long as they haven’t committed another offense within four years. Certain offenses would be excluded from restriction and sealing, including sex crimes, crimes against children, family violence, and DUI. 

The bill also allows individuals who have received a Pardon from the State Board of Pardons and Paroles to petition the court to restrict and seal felony convictions as long as they were not serious violent felonies or sex offenses. The bill also provides significant liability protection for employers who engage in second-chance hiring. Records remain available to law enforcement and prosecutors. Certain restricted charges remain available for employers who serve vulnerable populations, including, but not limited to, children, the elderly, and people with mental illnesses.

Before SB 288-First Offender Status

Before SB 288, one of the only way to remove a misdemeanor conviction from a Georgia Criminal Record, outside of pretrial diversion programs, was to use First Offender Status. This was an extremely inefficient method for reversing the negative impact of misdemeanor offenses because it wasn’t valuable using a once in a lifetime resource for a misdemeanor offense.

Retroactive First Offender Status and SB 288

Another interesting implication of SB 288 is its ability to combine with the application of Retroactive First Offender Status to a person’s Georgia Criminal History.

Retroactive First Offender Status, under Georgia Code 42-8-66, is for individuals who are not aware of the First Offender Act at the time that they are sentenced. This retroactive application allows these individuals to benefit from the First Offender Act even years after a conviction has remained on their record.

Someone holding a felony conviction and a misdemeanor conviction that qualifies for SB 288 can now hypothetically use a combination of Retroactive First Offender Status and SB 288 to eliminate both the felony and the misdemeanor from their record.

The Patel Law Firm in Savannah provides Georgia residents facing criminal charges the advantage they need. A criminal charge can be overwhelming. You don’t have to face it alone.