Georgia State Employment Laws
The state of Georgia has restrictions on what can be reported in a background screening report beyond what the Fair Credit Reporting Act (FCRA) dictates.
| Restriction | Explanation |
|---|---|
| Must Provide Special Form | Disclosure and Authorization need to use the term: “Criminal Information” and not “Criminal Records”. See the statute here for more information. Notable exceptions: Restriction not applicable if: 1) Prior conviction of a felony or first-degree misdemeanor and is directly related to the position of employment sought. FSA §112.011 (1)(b). 2) Law enforcement or correctional agency. FSA §112.011(2)(a). 3) Fire Department may disqualify applicant for 4 years unless pardoned. FSA §112.011(2)(b). 4) Positions in counties and municipalities relating to positions deemed to be critical to security or public safety. FSA §112.011(2)(c). |
| Ban the Box: State Public Employees | FOR PUBLIC EMPLOYERS ONLY: Per an Executive order, all questions regarding criminal history are to be removed from state employment applications. Also, inquiries into an applicant’s criminal record cannot be made after “the initial stage of the state employment application process”. See the statute here for more information. |
| Use of First Offender record | Employers may not use a “first offender” conviction, except for employers such as banks, schools, day care, nursing homes, and those serving the developmentally disabled. See the statute here for more information. Notable exceptions: OCGA §42-8-60 disqualifies the following offenses from the “first offender” list: -- A) Serious violent felony §17-10-6.1: 1) Murder and felony murder, 2) Armed robbery, 3) Kidnapping, 4) Rap 5) Aggravated child molestation, 6) Aggravated sodomy, 7) Aggravated sexual battery-----B) Sexual Offenses §17-10-6.2: 1) Aggravated assault with intent to rape, 2) False imprisonment of a child under 14, 3) Sodomy, 4), Child molestation, 5) Enticing child for indecent purposes, 6) Sexual assault against person in custody, 7) Incest, 8) Second subsequent sexual battery, 9) Sexual exploitation of children------- C) Sexual Exploitation of children §16-12-100: 1) Electronically furnishing obscene material to a child §16-12-100.1, 2) Computer pornography and child exploitation §16-12-100.2 |
