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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Applies to public employers. 2015 Executive Order.
As of February 2015, public employers may not inquire about criminal convictions until after the initial stage of the application process, nor may they use a criminal record as an automatic bar to employment. Qualified applicants with criminal records that might otherwise exclude them from consideration should be provided the opportunity to discuss the accuracy and nature of the findings, and provide information that demonstrates rehabilitation. The order does not apply to “sensitive governmental positions” for which a conviction would immediately disqualify an applicant.
Under Georgia’s First Offenders Act, public or private sector employers may not use a “discharge” record to disqualify a person from employment. A discharge (completion of probation, court release, or release from confinement) of a first time offender completely exonerates the offender, and the offender is not considered to have a criminal conviction, unless otherwise provided by law.
State
Contacts
Employer immunity from disclosure claims
Arrest record inquiries
Georgia Commission on Equal Opportunity
Georgia Department of Corrections
Georgia Department of Public Safety
Conviction record inquiries
Georgia Commission on Equal Opportunity
Georgia Department of Corrections
Georgia Department of Public Safety
Regulations
Employer immunity from disclosure claims
Georgia Code 34-1-4
Arrest record inquiries
Georgia Code 35-3-34
Georgia Code 35-3-35
Conviction record inquiries
Georgia Code 35-3-34
Georgia Code 35-3-35
Georgia Code 42-8-62
Georgia Code 42-8-63
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.