{"content":[{"text":"SB 288: Expanding Restriction & Sealing of Convictions \n in Georgia (effective January 1, 2021)","bbox":{"left":0.058824,"top":0.062229,"width":0.6524880000000001,"height":0.04016699999999999}},{"text":"On August 5, 2020, Gov. Brian Kemp signed Senate Bill 288, which expands access to restriction and sealing of \n convictions in Georgia – a process most states refer to as expungement. Georgia finally joins 41 other states \n that allow an individual an opportunity to expunge certain convictions after a period of time, removing barriers \n to employment, housing, and other opportunities for rehabilitated individuals.","bbox":{"left":0.058824,"top":0.140025,"width":0.882734,"height":0.07045499999999999}},{"text":"Summary \n SB 288 amends O.C.G.A. § 35-3-37 to provide for restriction and sealing of certain misdemeanor and felony \n convictions. Under the prior version of the law, only charges that did not result in a conviction and certain \n misdemeanors that an individual was convicted of before they turned 21 years old, were eligible. SB 288 \n removes the age limitation for most offenses by allowing an individual to petition the court to restrict and seal \n up to two misdemeanor convictions from their record and any offense that has been pardoned (as long as it \n was not a serious violent felony or sexual offense) from their criminal history. Law enforcement retains access \n to the records. SB 288 also includes liability protections for employers who hire individuals with a criminal \n history to encourage employers to engage in second chance hiring.","bbox":{"left":0.058824,"top":0.219624,"width":0.8827039999999999,"height":0.166349}},{"text":"Eligibility \n  \n An individual may petition their original sentencing court to restrict and seal the record of a \n misdemeanor offense four years after they have completed their sentence as long as they have not been \n convicted of a new offense in those four years and do not have any pending charges. \n  \n Certain misdemeanor offenses are excluded: sex crimes against children and by persons with supervisory \n authority; other sexual offenses, including pimping and pandering; crimes against minors; sexual battery; \n and peeping tom (full list of excluded misdemeanor offenses on back). \n  \n All family violence convictions are excluded from consideration for misdemeanor expungement, unless \n the individual was under 21 years old at the time of the arrest. \n  \n If an individual has been granted a pardon by the State Board of Pardons & Paroles, they may petition \n the original sentencing court to restrict and seal the record of that conviction. Pardons are generally for \n felony convictions, but misdemeanors can be pardoned if certain criteria are met. \n  \n An individual can apply for a pardon five years after they have completed their sentence as long as they \n have lived a law-abiding life in those five years. The State Board has broad discretion to approve or deny \n the pardon application. \n  \n If the individual received a pardon for a serious violent felony or sexual offense, they are not eligible for \n restriction and sealing (full list of excluded felony offenses on back). \n Process \n  \n For misdemeanors, a petition must be filed in the court that originally handled the case. \n  \n For felonies, the individual must first obtain a pardon and then file a petition in in the original court. \n  \n In deciding whether or not to grant the petition, the court will consider the harm to the individual vs. \n the public’s interest in knowing about the conviction.","bbox":{"left":0.058824,"top":0.401934,"width":0.882675,"height":0.42289}},{"text":"Georgia Justice Project provides free legal representation to individuals facing \n barriers due to their criminal history who cannot afford a private attorney. To apply \n for assistance call (404) 827-0027, ext. 238. See GJP.org for more details.","bbox":{"left":0.071373,"top":0.865197,"width":0.8559859999999999,"height":0.051610000000000045}}],"images_bbox":[],"images_bbox_not_text_overlap":[]}