Georgia’s New First Offender Law: Your Record Can Now Seal Automatically
As of July 1, 2026, Georgia First Offender records seal automatically at sentencing. A Marietta criminal defense lawyer explains HB 162 — and what it means for older cases.
If you were sentenced under Georgia’s First Offender Act — or you’re hoping to be — there’s some genuinely good news out of the Gold Dome this year. A new law took effect on July 1, 2026 that makes it much easier to keep a First Offender case out of public view. And if you’ve been carrying around an old First Offender case for years, this one may help you too.
Here’s what changed, in plain English.
First, what “First Offender” actually means
Georgia’s First Offender Act (O.C.G.A. § 42-8-60 and following) is a one-time second chance. It lets certain people plead guilty or no contest without the court entering a conviction. You complete the sentence the judge gives you — probation, classes, fines, whatever it is — and at the end you’re “discharged without an adjudication of guilt.” In everyday terms: no conviction on your record.
The catch has always been that “no conviction” didn’t necessarily mean “no one can see it.” Unless the record was restricted and sealed, your arrest and case could still show up on a background check while everything was pending — and sometimes long after. That’s the piece the legislature just fixed.
What changed on July 1, 2026 (HB 162)
Before this year, sealing a First Offender record was discretionary. You had to ask the court for it, and the judge weighed the public’s interest against your privacy before deciding.
Under HB 162, it’s no longer up to chance. Now, at the time of sentencing, “the court shall limit public access” to your First Offender case — that means restricting the record, sealing the court file, and restricting the arrest records held by law enforcement. And when you finish your sentence and are discharged, your records are automatically restricted. You don’t have to file a separate motion and hope for the best.
A second chance isn’t much of a second chance if the whole world can still see the first one. Georgia finally closed that gap.
Already finished First Offender years ago? You’re not left out
This is the part a lot of people miss. If you were discharged under First Offender before July 1, 2026, you’re not stuck — you can petition the court that sentenced you to seal your records. Notice goes to the clerk of court and the prosecutor, and the law directs the court to order the sealing within 90 days. This is exactly the kind of clean-up work we handle, and it can make a real difference the next time you apply for a job, an apartment, or a professional license.
What sealing does — and doesn’t — do
It’s important to be honest about this, because “sealed” doesn’t mean the record vanishes into thin air. Here’s the practical reality:
Once your record is restricted and sealed, the Georgia Crime Information Center won’t release it to the general public — so most private employers and landlords running a standard background check won’t see it. That’s the win for most people.
But certain people and agencies can still access it: prosecutors, judges and court staff, public defenders, criminal-justice agencies, the Department of Community Supervision, the State Board of Pardons and Paroles, the Judicial Qualifications Commission, and for specific purposes like a firearm transfer or certain professional-license decisions. And if your First Offender status is ever revoked and you’re adjudicated guilty, the sealing comes off. In other words: it’s a powerful shield for everyday life, not a magic eraser.
How we help
Whether you’re heading into a case and want to make sure First Offender is on the table, or you finished one years ago and want it sealed, we can walk you through exactly where you stand — no judgment, no jargon. We handle these matters every week in Cobb, Cherokee, Paulding, and the surrounding counties, and we’d be glad to look at your situation.
Call us at 770-693-4357 for a free consultation, or reach out through our contact page. A cleaner record is often a lot closer than people think.
Common Questions
Does HB 162 automatically seal my First Offender record?
For cases sentenced on or after July 1, 2026, the court is now required to limit public access at sentencing, and your records are automatically restricted when you complete the sentence and are discharged. You no longer have to rely on a separate discretionary motion.
What if I finished First Offender before July 1, 2026?
You can still petition the court that sentenced you to seal your records. Notice goes to the clerk and the prosecutor, and the law directs the court to order sealing within 90 days.
Who can still see a sealed First Offender record?
Not the general public or most private employers through a standard background check. But prosecutors, courts, public defenders, criminal-justice agencies, and certain licensing and firearm-transfer decisions can still access it. If First Offender is later revoked and a conviction is entered, the record is unsealed.
This post is general information about Georgia law, not legal advice, and doesn’t create an attorney-client relationship. Laws change and every case is different — if you’re facing a charge or a question about your record, please talk to a lawyer about your specific situation. MM Criminal Defense, LLC · 770-693-4357.
Related reading: Sealing & Record Restriction · Retroactive First Offender · Criminal Defense
