In Georgia, multiple steps are usually required to make sure a criminal charge does not show up on a background check.

First, it is important to know that in Georgia we call the process of limiting access to criminal records “record restriction”. When you apply to restrict your record, you request that the arrest record be removed from public access. The next step is usually to seal your criminal case court record. That is the best way to keep other people – like employers and landlords – from seeing your criminal record.

Even if you restrict your record, it still might show up in the following situations:

If you are working with children, elderly, mentally ill, or other special populations. Employers that work with vulnerable populations are allowed to see certain criminal charges, even if they were restricted and sealed or handled under the First Offender Act. Law enforcement employers can always see someone’s entire record as well.

Your case is restricted but not sealed. Most private background check companies get their information from court records, and not official arrest records (your GCIC). So, even if you even after you complete the restriction process, you still need to seal your criminal case file.

The background check provider has not updated their records. The law requires background check companies to keep their records updated and accurate, but errors happen. If your record has already been restricted and sealed, you can send the court order to the background check company and request that they update their records to address this issue. If they still fail to update their records, you can take additional legal action.

Your First Offender Act case was not correctly discharged or sealed. If someone gets First Offender Act status and successfully completed their probation, their probation officer should file paperwork to “discharge” the case, which restricts it from their criminal record and removes it from the public arrest records. Most courts then allow the person to seal the record. However, sometimes the probation officer does not submit the order of discharge. Contacting the probation office to make sure the order of discharge was properly filed is normally the first step to address this issue.

Is your restricted or sealed record still showing up on background check? Need to know if you are eligible to restrict or seal a criminal record? Call us to get started on your case today!

Related posts:

• What is sealing a court record in Georgia? 
• What’s the difference between an official GCIC report and a private background check? 
• Who can see my criminal record in Georgia? 

DISCLAIMER: THE ABOVE STATEMENTS ARE GENERAL INFORMATION AND THE CIRCUMSTANCES OF YOUR CASE MAY BE DIFFERENT. DEVETTER LAW MAKES NO GUARANTEE OF ANY OUTCOME. THE ABOVE IS NOT LEGAL ADVICE AND NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED BY PROVIDING THIS INFORMATION.