Georgia Senate passes bill to make it easier to seal criminal records

(The Center Square) – The Georgia Senate approved a bill Monday that would streamline its expansion of expungement of criminal records.

Senate Bill 257 would make it easier for a number of criminal records to be sealed. It builds on an initial expansion the Legislature passed in 2020.

The law, which took effect on Jan. 1, 2021, allows Georgians to petition the court to have some misdemeanor convictions restricted and sealed four years after completing their sentence if they have no new convictions or pending charges. Sex crimes and violent and DUI offenses do not qualify for expungement.

Criminal justice advocates said the 2020 measure, Senate Bill 288, removed economic barriers for more than 4 million Georgians.

“Since taking effect last year, citizens across Georgia have begun navigating the process to have their eligible records restricted, and I have been heartened to hear their stories,” said Sen. Tonya Anderson, D-Lithonia, the lead sponsor of the bill. “But as with any new law, once it goes into effect, you find small changes that strengthen it and make it more effective.”

SB 257 would make all misdemeanor theft offenses eligible for sealing and expungement. The measure immediately would expunge records for people who are pardoned and expedite expungement for human trafficking victims.

Georgia Justice Project Legal Director Brenda Smeeton said it usually takes up to a year to complete the process of getting pardoned by the parole board. Under the current law, the former offender still would have to file a petition with the court to seal the record and wait for it to be granted. SB 257 would consolidate that process.

The measure also allows people to file retroactive first-offender’s petitions without getting a prosecutor’s permission to file. Prosecutors still can oppose the relief, and the measure maintains a judge’s discretion.

SB 257 cleared the Senate, 48-3, on Monday. It now heads to the House for review.

“I’m confident that these changes will further the intent of Senate Bill 288 and help deserving Georgians back to work,” Anderson said.

Smeeton said many employers looking to get rehabilitated people back into the workforce support the bill. The Georgia Chamber of Commerce and the Metro Atlanta Chamber of Commerce have written letters backing the measure.

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