EMPLOYMENT BACKGROUND CHECKS
Employment Background Checks Atlanta Georgia
All employment screening background check services including employment drug screening and pre-employment criminal record background checks are available in Atlanta Georgia.
The Atlanta, Georgia City Council on10/07/2014 recently passed ban the box legislation.
Ordinance No. 2014-44 (14-O-1399)
This removes the questions regarding an individual’s past criminal history from city government employment applications.
Similar to other enacted ban the box legislation, the purpose of the Ordinance is to provide ex-offenders with a fair and unbiased chance of obtaining a job.
As stated in the Ordinance,City of Atlanta employers must adhere to the following:
a) In connection with the licensing or employment of any person, it shall be an unlawful discriminatory practice for the City to make any inquiry regarding or to require any person to disclose or reveal any criminal conviction(s) during the application process.
The application process shall begin when the applicant inquires about the employment being sought and shall end when an employer has accepted an employment application.
b) It shall further be an unlawful discriminatory practice for the City to make any inquiry regarding, or to require any person to disclose or reveal any criminal convictions against such person before and during the second interview.
c) Prior to an applicant being selected for hire with the City a background check and drug test are required for consideration of employment.
Exemptions include, “The City hiring for positions where certain convictions or violations are a bar to employment in that position under state or Federal law, including but not limited to positions that involve work with children and positions in law enforcement, shall not be constrained from asking questions about those convictions or violations.”
Due to the incomplete data reported by many Georgia counties it is recommended that a current Georgia statewide Criminal and a county criminal background check be ordered for employment Screening. Both of these reports are normally returned within 24 to 48 hours.
Some Georgia counties take much longer than others in returning records.
Our criminal records Smart Search Plus® has become the industry standard for a quality criminal records background check.It includes an unlimited check of the Federal criminal records repositories in the states where the applicant has lived for the past 7 years.
It also includes a check of any needed state and county criminal records checks as well as a social security number address history trace, a multi-state criminal records database search and a check of of the sex offender registry in all 50 states.
It is the criminal records background check now chosen by most of our clients. For a brief overview of all of our employment screening services, please Click Here
All of our reports are FCRA compliant.
Under Georgia First Time Offender Law–
Certain first offender crimes in which the offender has been discharged without court adjudication of guilt may not be reported.
The law requires that a “notification of discharge and exoneration” is to be placed upon the record by the court. This discharge is not to be viewed as a conviction, and therefore may not legally be used to disqualify an applicant in employment.
Obtaining Georgia Criminal History Record Information and correcting inaccurate data: Click Here
Arrest: Criminal history record information available to employers is defined to include arrests, detentions, indictments, accusations, information, or other formal charges, and any disposition there from.
GA. Code Ann. § 35-3-30. Employers may not use arrest records that have been discharged under the First Offender’s Law when making an employment decision regarding a prospective employee. GA. Code Ann. § 42-8-63. Employers cannot obtain or use sealed records.GA. Code Ann. §§ 15-11-79.2, 35-3-37.
Arrest:. Employers may not use arrest records that have been discharged under the First Offenders Law when making an employment decision regarding a prospective employee. Ga. Code Ann. § 42-8-63. Employers cannot obtain or use sealed records.
Ga. Code Ann. §§ 15-11-79.2, 35-3-37.Certain first offender crimes in which the offender has been discharged without court adjudication of guilt are not reportable under Georgia law and a notification of discharge and exoneration is to be placed upon the record by the clerk of court.
The discharge is not considered a conviction of a crime and may not be used to disqualify a person in any application for employment.
Exception: Registration requirements with the state sexual offender registry will be followed, if applicable.GA Code §42-8-60through 42-8-63
Conviction:Employers may not obtain or use convictions of those individuals who have had their convictions expunged under Georgias probation of First Offenders Law.
Ga. Code Ann. § 42-8-63. The underlying facts of a criminal action or the employees guilty plea may, however, be used as the basis of an employment decision. 1986 Op. Atty Gen. No. U86-25
.Cobb County GA.Cobb county contains misdemeanor and felony criminal Information since 1999. Data may include Case Number, Case Type, Offense, Disposition Date, File Date, and Sentence Date. This data is updated monthly.Richmond County
GA. Richmond County data contains felony and misdemeanor criminal information since 2001. Data can include Arrest Date, Case Number, Offense Date, Status, Case Type, Offense Literal, Violation Code, Sentence Period, Disposition Stage, Fine, Disposition Date, Sentence, File Date, Disposition Method, Degree of Offense, Sentence Date, and Counts. Data is updated monthly.Georgia Bureau of Investigation
Data contains information on more than 445,000 individuals who have been convicted on felony charges in Georgia since the early 1970s. Data may include name, DOB, offense, and disposition date.Georgia Parole Board File
Data consists of individuals currently under the supervision of the GA. Parole Board. It does not include probationers or offenders that have completed sentences.Georgia Dept of Corrections
Department of Corrections records for statewide felony criminal convictions and guilty pleas of individuals sentenced to serve time, community service, or have received suspended sentence, parole, or probation at any state facility since 1979.
Data represents over 1 million persons guilty of felonies and some state-level misdemeanors. Results may include offense, offense date, sentence, sentence date, probation, release date, as well as personal information including address, date of birth, height, weight, race, and sex.Georgia Sex Offender
Georgia Sex Offender Registry records. Results may include offenders either released from prison or placed on probation, parole or supervised release after July 1, 1996. Photos included.Obtaining Criminal History Record Information
Frequently Asked Questions (FAQs)
How can I obtain a copy of my Georgia criminal history record?
Georgia criminal history records can usually be obtained from Sheriff’s Office or Police Departments.
Please contact a Georgia law enforcement agency about specific requirements for obtaining a copy of your Georgia criminal history record or go to the Georgia Felon Search website.
What information is contained in a Georgia criminal history record?
The criminal history record includes the person’s identification data (name, date of birth, social security number, sex, race, height, weight, etc.), arrest data (including arresting agency, date of arrest, and charges), final judicial disposition data submitted by a court, prosecutor or other criminal justice agency and custodial information if the offender was incarcerated in a Georgia correctional facility.
What Georgia criminal history record information is released for employment/licensing?
The individual’s complete Georgia criminal history record, except juvenile, restricted and sealed records is released to the requesting entity.
Juvenile arrest records are those where the offender was 16 years old or younger at the time of arrest, charged with a felony offense and was not treated as an adult.
Restricted records are those arrest records restricted (not released for employment/licensing purposes) by a criminal justice agency under the provisions of Georgia law (O.C.G.A. § 35-3-37); however, restricted records are available to criminal justice agencies for employment purposes.
Sealed records include successfully completed first offender (FOA) sentences where an order of discharge has been entered in the Georgia criminal history database.
The arrest record is not automatically sealed based on passage of the probation sentence. Additionally, Georgia law (O.C.G.A. § 35-3-34.1) provides circumstances when an exonerated first offender’s criminal record may be disclosed for employment purposes.
When an individual is requesting access to a secure facility, e.g. confinement facility, military base, etc. as a contractor, vendor, visitor or volunteer, the requesting agency – whether it be a local, state or federal agency – will receive the individual’s complete Georgia criminal history record, except juvenile records.
Contractors and vendors are defined as carpet cleaners, cooks, individuals responsible for maintaining vending machines, janitors, painters, etc.
Volunteers include individuals providing community or social services rather than rehabilitative services or participants in community ride along programs.
Can I obtain a Georgia criminal history record of another person?
O.C.G.A. §35-3-34 (d.2) provides public access to felony conviction records without consent of the person whose record is being checked.You can now use the web site to verify if a person has been convicted in Georgia of a felony crime and if the conviction has been reported to GCIC.
There is a fee listed on the website, payable by credit card only, for each transaction.Law enforcement agencies also may provide felony conviction records. The person’s full name, race, sex, and date of birth must be provided at the time of the request.
With the person’s consent, a Georgia record, which includes Georgia arrests and convictions reported to the Georgia Crime Information Center, may be obtained. A signed consent form from the individual whose record is being sought must be provided to the local agency.
How do I obtain a Georgia name-based criminal history record check from GCIC for employment, licensing, or any other non-criminal justice purposes?
The Georgia Crime Information Center does not conduct name-based criminal history record checks. Please contact your local law enforcement agency for assistance with name-based checks.
How do I obtain a Georgia fingerprint-based criminal history record check from GCIC for employment, licensing, or any other non-criminal justice purposes?
Georgia agencies/businesses, and out-of-state agencies/companies with Georgia applicants, that wish to conduct background checks for employment, licensing or any other non-criminal justice purposes must use the on-line Georgia Applicant Processing Service (GAPS) .
Agencies/businesses that wish to conduct background checks for employment or licensing must obtain a GAPS account number.
For information on how to obtain a GAPS account number, visit the GAPS website and select the Become a Requesting Agency tab.
Fixed GAPS fingerprinting sites are located throughout the state for conducting criminal history background checks.
Results, including the criminal history record should be available for the agency to retrieve from the GAPS website within 24 to 48 hours after the applicant is fingerprinted and the transaction submitted to GCIC for processing.
The GAPS website will handle collection of fees, which eliminates the need for agencies to collect and process fees for fingerprint-based checks.
A valid photo ID is required at the fingerprint location. Visit the GAPS website www.ga.cogentid.com for details on the GAPS fingerprint background check process, fees, and print site locations.
Georgia residents that need a Georgia fingerprint-based background check for visa/immigration, out of state employment, or other personal requests may visit the GAPS website at, www.ga.cogentid.com and select the Applicant Registration tab.
Non-Georgia residents that need a Georgia fingerprint-based background check for visa/immigration, out of state employment, or other personal requests may submit their prints to 3M Cogent a standard paper fingerprint card available from a local law enforcement agency.
Applicants will need to register on the GAPS website and select the following prior to mailing the fingerprint card:Fingerprint Card User: (Out of State applicants ONLY, all other cards will be returned)
Applicants must include their REGISTRATION ID (obtained online during registration) on the back of the fingerprint card AND a money order or cashier’s check, in the amount of the transaction fee, made payable to 3M Cogent.Submission – Mail the cards (and if applicable, payment) to:
3M Cogent, Georgia CardScan
639 N Rosemead Blvd
Pasadena, CA 911073M
Cogent will scan the fingerprint card and submit the images to the State/GCIC. Once your request has been completed, the results of the criminal history background check and a state certificate will be mailed to the address entered at the time of registration.
Please visit the GAPS website for fees and additional information.You may also contact GCIC at (404) 244-2639, Option 2 or email GAApplicant@gbi.ga.gov for additional assistance with registration.
How do I request a correction or update of my Georgia criminal history record?
If your criminal history record has inaccurate or missing information, GCIC cannot correct or update your criminal history record without appropriate documentation and/or authorization of the submitting agency.
As of December 1, 2008, law enforcement agencies must use the web-based Computerized Criminal History (CCH) User Interface to update or modify arrest and identification data submitted by their agency.
All other criminal justice agencies, such as courts, prosecutors, probation/parole offices, are encouraged to transmit online updates or modifications, thereby reducing the time to complete the record update.
Written requests submitted to GCIC must be on official letterhead, with the following information: full name of subject, date of birth, social security number, race, sex, and date of arrest; or State Identification Number (SID) and date of arrest or Offender Tracking Number (OTN) for that date of arrest; and the requested changes. If the above information is not included in the document, the request cannot be processed.
How do I contest the information contained in my Georgia criminal history record if it is inaccurate or if my identity has been used in another individual’s criminal history record?
To contest the accuracy of information in your criminal history record, or if your identification data was used in another individual’s criminal history record, fingerprints must be submitted to GCIC for comparison.
See the GCIC Contact Information at the bottom of the webpage to schedule an appointment.
A fee, payable by certified check or money order to the Georgia Crime Information Center , is required. For the inspection and fingerpinting fees.
If you are unable to come in person, the following information is required:A signed written request with a brief explanation for the request to include the specific data that is being challenged and a complete return mailing address.
Each request must contain two completed applicant fingerprint cards with all of the applicant’s personal information (name, date of birth, place of birth, etc.) and a current set of 10 rolled fingerprints and eight flat finger impressions.
Fingerprints and impressions must be taken by a local law enforcement agency; please include a photocopy of the applicant’s identification that was presented to the law enforcement agency that did the printing and provide their address and telephone number so that GCIC may contact them if there are any questions.
A fee, payable by certified check or money order to the Georgia Crime Information Center, is required, for the inspection fee.Information should be mailed to the address listed in the contact information. Your request will be processed and a certificate (letter) with the results will be mailed back to you.
How do I obtain a copy of a criminal history record from a State other than Georgia?
Contact the State’s criminal justice agency (Bureau of Investigation, State Police, etc.) to obtain information on requirements and fees.
Requirements may be listed on the agency’s website.How do I obtain a copy of my national criminal history record?Individuals can obtain a copy of their national criminal history record from the FBI.
In order to receive a copy of your FBI record for personal, employment, or international work requirements, please visit the FBI website, for more information.
What is Georgia’s First Offender Act (FOA)?
Per Georgia law (O.C.G.A. § 42-8-60),
“upon a verdict or plea of guilty or nolo contendere, but before an adjudication of guilt, the court may, in the case of a defendant who has not been previously convicted of a felony, without entering a judgment of guilt and with the consent of the defendant, defer further proceeding and place the defendant on probation as a first offender.If the terms of the first offender sentence are successfully completed, and the probationer discharged, those charges would be sealed on the GCIC database when the discharge is applied to the GCIC criminal history; however, such information may be available through other sources, including court docket books, criminal justice agency websites, or through “third party” vendors.
GCIC must receive official notification that the subject has successfully completed the FOA requirements.
The record is not automatically sealed based on the passage of the probation sentence.Georgia law (O.C.G.A. § 42-8-65(b)) requires GCIC to change the first offender sentence to a conviction if, prior to successful discharge, the subject is arrested and convicted of another offense while still on first offender probation or the offender has received prior FOA treatment.
Courts may also revoke a first offender sentence, indicate unsatisfactory completion of the first offender sentence or change to an adjudication of guilt.Georgia law (O.C.G.A. § 42-8-63.1) notes offenses for which a FOA discharge may be used to disqualify a person for employment; thus the information will be disseminated to prospective employers
What is Conditional Discharge?
Conditional Discharge Programs is different from the Georgia First Offender Act, but there are distinct differences. Conditional Discharge Programs are designed for offenders who have been charged with first time underage possession of alcohol (O.C.G.A. §3-3-23.1) or drug use (O.C.G.A. §16-3-2) and placed on probation without entering a judgment of guilt.
Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the defendant. Discharge and dismissal under this Code section shall be without court adjudication of guilt.
Discharge and dismissal, per code section, may occur only once with respect to any person. A person sentenced under O.C.G.A. §§ 16-13-2 or 3-3-23.1 is not eligible for expungement under O.C.G.A §35-3-37(d)(7) unless the terms specifically provided for expungement of the arrest record.
What is a Record Expungement?
O.C.G.A. § 35-3-37(d) (1) allows for the expungement of arrest charges by a local law enforcement agency when certain conditions are met (as outlined in this statute).
If approved by appropriate prosecutor, the arrest cycle is sealed on the Georgia criminal history report by GCIC. Access to that arrest information is restricted to criminal justice agencies only.
The following are examples of final court dispositions that may qualify: Dismissed: Not Presented to Grand Jury: No Further Action Anticipated; Nolle Prossed/Prosequi; Dead Docket; or No Record on File. Dispositions of Guilty, Not Guilty, Nolo Contendre, and First Offender Act are not eligible.
It is recommended that you review a copy of your criminal history, prior to submitting the Request to Expunge Record, to ensure that all charges have a final disposition listed and the disposition may qualify for expungement.
If a disposition is missing or incorrect, please contact the appropriate court; the court may transmit the disposition on-line. All applications must be approved or denied by the appropriate prosecutor.To apply for the local record expungement, contact the arresting law enforcement agency to obtain an application for Request to Expunge Record.
Also the Request to Expunge Record can be found on the GBI website, by selecting Publications and then selecting Georgia Criminal History Record Expungements or click on this link Georgia Criminal History Record Expungements.
The Request to Expunge Record is a three-part form:Section One – You will complete Section One and return to the arresting agency.
Section Two – Completed by the arresting agency that forwards the request to the appropriate prosecutor (District Attorney or Solicitor).Section Three – Completed by the prosecutor who will approve or deny the request.
Once the prosecutor completes their portion, all three sections should be forwarded to GCIC with the required processing fee payable by certified check or money order.
Click here for the expungement fee.
What is the process for an attorney to request a client’s criminal history record?
In criminal cases, O.C.G.A. § 35-3-34 (a) (2) provides that an attorney may obtain criminal history records of a client, other defendant, or witness in a criminal action.
The request must be submitted in writing to include the style of the case, case number, full name, date of birth, race, sex, and social security number (if available) for each person.
Mail the request to the attention of “attorney requests” at the address listed in the contact information.
A fee payable to GCIC by business check or money order is required for each record requested.
Click here for the attorney fee.
Disclosure of criminal history information to the defendant’s counsel in criminal cases shall be solely in such counsel’s capacity as an officer of the court.In civil actions, only felony conviction criminal history information is disseminated in compliance with public information law.
This information may also be obtained from local law enforcement agencies; fees vary.Effective July 1, 2009, the Georgia Crime Information Center (GCIC) will no longer provide Public Defender Offices with criminal history record information (CHRI).
Public Defender Offices will need to either arrange with a local law enforcement agency to run criminal history records on its behalf or use the GCIC Computerized Criminal History (CCH) User Interface (UI).
This change will require each Public Defender’s Office to use a State-assigned Originating Agency Identifier (ORI) number.
Any Public Defender’s Office that does not have an ORI must submit a written request to GCIC. Questions may be directed to (404) 244-2639, Option 3.Other attorneys may submit requests via fax at (404) 270-8386. Questions may be directed to (404) 244-2639, Option 3.
Someone has been using my identity for financial (material) gain. What should I do?Effective July 1, 1998, it is a felony in Georgia to use someone else’s identity to obtain something of value (O.C.G.A. §16-9-120).
Contact your local police department or sheriff’s department to report the theft of your identity.Contact the Federal Trade Commission (FTC) and the Georgia Office of Consumer Affairs (OCA) in order to report the theft of your identity.
a) Contact OCA at (404) 651-8600 or at consumer.georgia.gov.
b) Contact FTC at (877) 438-4338 or at www.consumer.gov/idtheft.Contact the major credit reporting bureaus and have a fraud alert placed on your credit report.
a) Equifax, P.O. Box 740250, Atlanta, Georgia 30374-0250 (800) 525-6285
b) Experian, P.O. Box 1017, Allen, Texas 75013, (888) 397-3742
c) Trans Union , P.O. Box 6790, Fullerton, California 92634, (800) 680-7289Contact the company(ies) that has/have provided credit or other intangible or tangible property to the person who stole your identity.
Georgia Crime Information Center
P.O. Box 370808
Decatur, Georgia 30037-0808
Email: Criminal history updates/modifications –
Employment, licensing, visa (travel) or any other non-criminal justice purpose – Telephone Helpline: 404-244-2639
Option 1. Criminal History Inquiries regarding Expungement or Updates
Option 2. Applicant Background Information
Option 3. Attorney or Public Defender
Option 4. Livescan or Identification Inquiries
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