Georgia Background Check Error Lawyers

Georgia has no state law that regulates employment or tenant screening companies, and no ban-the-box law for private employers. In February 2015, Governor Deal issued an executive order removing the criminal history question from state job applications, except for sensitive positions. Private employers may ask, but if they use a screening company, the federal FCRA requires your written permission and a copy of the report before an adverse decision.

Georgia's main record-clearing tool is record restriction under O.C.G.A. § 35-3-37. Many arrests that were not prosecuted, dismissed cases and acquittals can be restricted. Since a 2020 expansion, some misdemeanor convictions can be restricted by petition after four years without a new conviction, up to two in a lifetime. A restricted record may not be disclosed to private persons or businesses. It stays available to criminal justice agencies and some others. Georgia's First Offender Act lets eligible people complete a sentence without a conviction. Under O.C.G.A. § 42-8-62.1, the record can be sealed. Under § 42-8-63, a discharged first offender sentence generally cannot be used to disqualify a person from employment.

Record restriction limits what the state releases, but it does not expressly make private data sellers delete copies they already have. That is where the FCRA matters. A screening report that shows a restricted case, or reports a completed first offender sentence as a conviction, may be inaccurate. Georgia has no state tenant-screening statute, so renters rely mainly on the FCRA.

Where Georgia FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Georgia are heard in 3 federal districts:

• Northern District of GeorgiaCourthouses: Atlanta, Gainesville, Newnan, Rome.Our attorneys are admitted here
• Middle District of GeorgiaCourthouses: Macon, Albany, Athens, Columbus, Thomasville, Valdosta.Our attorneys are admitted here
• Southern District of GeorgiaCourthouses: Savannah, Augusta, Brunswick, Dublin, Statesboro, Waycross.Filed with local or cooperating counsel

Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:

• Checkr: HQ in N.D. California
• First Advantage and Sterling: HQ in N.D. Georgia
• RealPage: HQ in N.D. Texas

Which court is right depends on your facts. We'll tell you at your free case review.

Georgia laws that add to the FCRA

• Record restriction (O.C.G.A. § 35-3-37)
  Lets many non-conviction records, and by petition up to two misdemeanor convictions after four conviction-free years, be restricted from public access. Restricted records may not be disclosed to private persons or businesses. Read it
• Sealing of first offender records (O.C.G.A. § 42-8-62.1)
  Lets a court seal the records of a person sentenced under the First Offender Act. The record can be unsealed if first offender status is revoked. Read it
• Effect of first offender discharge on employment (O.C.G.A. § 42-8-63)
  Says a discharged first offender sentence generally may not be used to disqualify a person from employment or public or private office. Some jobs working with children or vulnerable adults are an exception for certain sexual offenses. Read it
• Negligent hiring presumption with a pardon or certificate (O.C.G.A. § 51-1-54(b))
  Gives employers, licensing bodies and landlords a presumption of due care when they hire or rent to someone with a pardon or a Program and Treatment Completion Certificate. Read it

Common background check errors

• Someone else's criminal or eviction record matched to you by name
• Dismissed, sealed or expunged cases still reported
• Charges reported as convictions, or misdemeanors as felonies
• The same case listed several times
• Eviction filings reported without the dismissal or outcome

Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.

Frequently asked questions

Can a Georgia employer see a restricted record?

Not from the state's criminal history system in most cases. Georgia law bars disclosing restricted records to private persons or businesses, though some government and criminal justice employers can still see them. If a private screening company reports a restricted case, you can dispute it as inaccurate or outdated.

Does a Georgia first offender discharge show up on a background check?

It may appear if it was not sealed or if a screening company has older data. A completed first offender sentence is not a conviction, so a report that lists it as one may be inaccurate. Under O.C.G.A. § 42-8-63, it generally may not be used to disqualify you from a job.

Can a Georgia employer ask about convictions on the application?

Private employers generally can, since Georgia has no private-sector ban-the-box law. A 2015 executive order removed the question from state job applications, except for sensitive positions. Any employer that uses a screening company must follow the FCRA's consent and adverse action rules.

How long do I have to file an FCRA lawsuit in Georgia?

FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.

Sources

• U.S. District Court for the Northern District of Georgia
• U.S. District Court for the Middle District of Georgia
• U.S. District Court for the Southern District of Georgia
• 28 U.S.C. § 90 (Georgia judicial districts)
• O.C.G.A. § 10-1-393 (FindLaw)
• NCSL, Consumer Report Security Freeze State Laws
• FTC, What To Know About Credit Freezes and Fraud Alerts
• O.C.G.A. § 35-3-37 (FindLaw)
• Collateral Consequences Resource Center, Georgia profile
• NELP, Ban the Box: Fair Chance Hiring State and Local Guide
• 15 U.S.C. § 1681n (FCRA willful noncompliance)

Updated November 2026. This page is general information, not legal advice.