Can employers see restricted records in Georgia? For most private employers running a standard background check, the answer is no, but law enforcement, courts, federally regulated employers, and certain licensing boards still can access them under O.C.G.A. § 35-3-37. The specific facts of your case, your conviction type, and whether you also pursue sealing all determine what restriction actually accomplishes for your background check.
Getting your record restricted in Georgia is a significant step, but it is not a clean slate. Many people assume that once their record is restricted, it disappears entirely. The reality is more nuanced, and understanding exactly what restriction does and does not do could save you from a costly mistake.
Kim Keheley Frye of Frye Law Group helps clients navigate record restrictions throughout Marietta and Georgia. Below we break down exactly what happens to your record after restriction and what still requires separate action.
What Record Restriction Actually Does
Under O.C.G.A. § 35-3-37, “restriction” means your criminal history record information is no longer available to the general public. Specifically, the Georgia Crime Information Center cannot disclose your restricted record to:
- Private individuals or businesses conducting background checks
- Governmental agencies and licensing and regulating agencies (unless federal law requires otherwise)
For most standard employment background checks, a restricted record will not appear. Private employers running a check through the GCIC should not be able to see it.
The primary benefit of restriction is that it limits who can access the background checks that most landlords, employers, and licensing bodies rely on. However, it does not erase the record, and it does not override any disclosure required by federal law, a reality that affects people dealing with domestic violence charges on their record just as much as any other conviction.
Who Can Still See a Restricted Record
Restriction is not the same as erasure. Under O.C.G.A. § 35-3-37, restricted records remain accessible to:
- Judicial officials and criminal justice agencies for law enforcement or criminal investigative purposes
- Criminal justice agencies for their own employment purposes
- Courts, for the purpose of imposing a sentence under Article 3 of Chapter 8 of Title 42
- The Judicial Qualifications Commission
- Prosecuting attorneys and public defenders
- An attorney representing an accused individual who submits a sworn affidavit stating the information is relevant to a criminal proceeding
- The individual whose record was restricted
- Anyone with a court order
In addition, restriction does not wipe the slate clean for every employer. Certain jobs, particularly those governed by federal law, such as positions at banks and financial institutions, can still require disclosure of your conviction regardless of whether it has been restricted. This also applies in the same circumstances: a First Offender discharge can be used for disqualification under O.C.G.A. § 42-8-63.1.
Restriction vs. Sealing (There Is a Difference)
Many people use the terms interchangeably, but they are not the same thing in Georgia. Restriction removes your record from public GCIC searches. Sealing goes a step further.
Under O.C.G.A. § 35-3-37(m), after your record has been restricted, you can petition the court to seal the records held by the clerk of court. The court will grant the sealing order if it finds that the harm to your privacy clearly outweighs the public interest in the information being available.
Once sealed, private background check companies that pull data from court records, rather than GCIC, can be required to remove that information from their databases under the federal Fair Credit Reporting Act. Without sealing, your record may still appear in third-party background check databases even after restriction.
What Record Restriction Does Not Do
This is where many people get caught off guard. Restriction does not:
- Restore your right to possess firearms if you lost that right due to a felony conviction (that requires a separate petition process)
- Restore civil and political rights such as the right to hold public office (that requires a pardon or restoration of rights through the State Board of Pardons and Paroles)
- Erase federal disqualifications if federal law requires disclosure of your conviction (this includes background checks for military service, federal employment, and security clearances)
- Remove your record from third-party background check databases unless you also pursue sealing under O.C.G.A. § 35-3-37(m)
Talk to a Georgia Record Restriction Attorney
Most people who come to us about record restriction have already been told the process is simple. Fill out a form, wait a few weeks, move on. The reality is more complicated, and getting it wrong can mean your record shows up exactly where you least want it to.
Frye Law Group handles record restriction cases throughout Cobb County, Cherokee County, Paulding County, and Bartow County with the same relentless attention to detail we bring to every case. If you want to know exactly what restriction will and will not do for your specific situation, contact us today for a case evaluation.
Frequently Asked Questions About Record Restrictions in Georgia
1. Can an employer see my record after it has been restricted in Georgia?
For most private employers running a standard background check through Georgia’s GCIC system, a restricted record will not appear. However, federally regulated employers, financial institutions, and certain licensing boards may still be able to access it. Sealing your record under O.C.G.A. § 35-3-37(m) provides an additional layer of protection against third-party background check databases.
2. What is the difference between record restriction and record sealing in Georgia?
Restriction removes your record from the GCIC database that most employers and landlords use. Sealing goes further. It requires the clerk of court and law enforcement to restrict the physical court records, and it obligates private background check companies to remove the information from their databases under federal law. You must have your record restricted before you can petition for sealing.
3. Does record restriction restore my right to own a firearm in Georgia?
No. Record restriction and firearm rights restoration are entirely separate legal processes. If you lost your right to possess firearms due to a felony conviction, you must petition separately to have those rights restored. Possessing a firearm before your rights are formally restored is a serious federal crime regardless of your record restriction status. Contact Frye Law Group to understand what steps apply to your situation.
4. Can law enforcement still see my record after restriction?
Yes. Under O.C.G.A. § 35-3-37(v), law enforcement agencies, courts, prosecutors, and public defenders can still access restricted records for law enforcement and criminal justice purposes. Restriction limits public access, but it does not limit access by the criminal justice system.
5. Does record restriction restore my civil rights in Georgia?
No. Restoration of civil and political rights, such as the right to hold public office, is a separate process handled by the State Board of Pardons and Paroles. Record restriction does not accomplish this on its own.
6. Will my restricted record show up on a federal background check?
It depends on the job. For most private employers, a restricted record will not appear. However, certain federally regulated positions, such as jobs at banks, credit unions, mortgage companies, or other financial institutions, are governed by federal law that Georgia’s restriction cannot override. If you are unsure whether your job falls into this category, contact Frye Law Group before assuming your record is fully protected.
7. Do I need an attorney to get my record restricted in Georgia?
You are not legally required to have an attorney, but the process is more complex than it appears. The eligibility rules, filing requirements, and practical limitations of restriction vary significantly depending on your specific conviction. Frye Law Group can evaluate your situation and make sure the process is done correctly.