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Georgia background check laws for employers
Georgia has no fair-chance law for private employers; a 2015 executive order covers only state jobs and Atlanta's ordinance covers only city jobs. Georgia does require an employer that uses a record from the Georgia Crime Information Center to tell the person what was in it if it makes an adverse decision. First offender discharges generally may not be used to disqualify someone from a private-sector job.
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Fair-chance hiring (criminal history)
- A 2015 executive order directs Georgia state government entities to adopt ban-the-box hiring practices; it does not cover private employers (Ga. Exec. Order 02.23.15.03).
- No Georgia statute was found that limits when a private employer may ask about criminal history or that requires an individualized assessment.
City and county rules
- Atlanta bans criminal history questions on City of Atlanta job applications; the ordinance covers city employment, not private employers (Atlanta Code §§ 114-54, 114-55; Ord. 2014-44).
State consumer report rules
- A business that gets criminal records directly from the Georgia Crime Information Center must provide the person's fingerprints or a signed consent on the center's form (O.C.G.A. § 35-3-34(a)(1)(A)).
- If a business makes an adverse employment decision using a record obtained from the center under this law, it must tell the person that a record was obtained from the center, what the record says, and how it affected the decision; failing to do so is a misdemeanor (O.C.G.A. § 35-3-34(b)).
- These GCIC rules apply to records obtained from the state center or local agencies under § 35-3-34; no Georgia law adding FCRA-style steps for other consumer reports was found (O.C.G.A. § 35-3-34).
How far back a report can go
- No Georgia law limiting how far back a background report may go was found; the federal FCRA limits apply.
- A first offender discharge is not a conviction and may not be used to disqualify a person from employment in the public or private sector, except as allowed by § 42-8-63.1 (O.C.G.A. § 42-8-63).
- Section 42-8-63.1 allows use of certain first offender discharges from July 1, 2004 to June 30, 2016 for listed jobs, such as schools and child care for specified sex offenses (O.C.G.A. § 42-8-63.1(a)).
- Restricted records (for example, dismissed charges and some misdemeanor and pardoned convictions) are not given by the state center to private persons or businesses (O.C.G.A. § 35-3-37(a)(6), (h), (j)).
- A record restriction or sealing may be used to disqualify a person from employment only in the same limited way as a first offender discharge under § 42-8-63.1 (O.C.G.A. § 35-3-37(u)).
Credit checks
- No Georgia statute was found that limits employer use of credit reports beyond the federal FCRA.
Also good to know
- Nursing homes, personal care homes, assisted living communities, private home care providers, home health agencies, hospices and adult day care facilities must run registry and criminal background checks on employees (O.C.G.A. §§ 31-7-351, 31-7-352).
Common questions
Can Georgia employers run a background check?
Georgia has no fair-chance law for private employers; a 2015 executive order covers only state jobs and Atlanta's ordinance covers only city jobs. Georgia does require an employer that uses a record from the Georgia Crime Information Center to tell the person what was in it if it makes an adverse decision. First offender discharges generally may not be used to disqualify someone from a private-sector job.
Does Georgia have a ban-the-box law for private employers?
A 2015 executive order directs Georgia state government entities to adopt ban-the-box hiring practices; it does not cover private employers (Ga. Exec. Order 02.23.15.03).
How far back does a background check go in Georgia?
No Georgia law limiting how far back a background report may go was found; the federal FCRA limits apply.
Can Georgia employers run credit checks on applicants?
No Georgia statute was found that limits employer use of credit reports beyond the federal FCRA.
Sources
- O.C.G.A. § 35-3-34 (Justia, shows 2026 amendment)
- O.C.G.A. § 35-3-37 (Justia)
- O.C.G.A. § 42-8-63 (Justia)
- O.C.G.A. § 42-8-63.1 (Justia)
- O.C.G.A. § 31-7-351 (Justia)
- O.C.G.A. § 31-7-352 (Justia)
- Ga. Exec. Order 02.23.15.03, Implementing Ban the Box hiring policies (official)
- Gov. Deal 2015 executive orders list (official)
- Atlanta Ordinance 2014-44 (14-O-1399) (City of Atlanta municipal clerk library)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.
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