What Employers Can and Can’t See on Your Georgia Criminal Record
If you’ve ever been arrested or convicted of a crime in Georgia, you may be concerned about how it could affect your chances of getting a job. Many employers run background checks as part of the hiring process, but what they can actually see, and what they’re allowed to consider, depends on a few important legal factors. At The Spizman Firm in Atlanta, we regularly advise clients on how to navigate job applications and protect their future after an arrest or conviction.
What Shows Up on a Georgia Criminal Background Check?
In Georgia, employers typically run a Georgia Crime Information Center (GCIC) background check or use third-party services that access public records. The following will usually show up:
- Arrests (even if they didn’t lead to conviction)
- Pending charges
- Misdemeanor and felony convictions
- Sentencing details (probation, jail time, fines)
- Court dispositions (dismissals, acquittals, guilty pleas)
Even charges that were eventually dropped or cases where you were found not guilty can appear, unless they have been formally restricted or expunged.
What Employers Can Legally Consider
Georgia law doesn’t stop private employers from looking at criminal history when making hiring decisions. However, there are some limitations and protections, particularly under federal laws like Title VII of the Civil Rights Act.
Employers cannot:
- Automatically deny employment based solely on a criminal record without considering the nature of the offense, how long ago it occurred, and whether it’s relevant to the job.
- Discriminate based on race, color, or national origin when using criminal records to screen applicants.
Some positions, like those involving children, healthcare, or government agencies, may have stricter rules about past convictions. Licensing boards and state agencies may also have access to more detailed information than a standard employer background check.
What Happens After Record Restriction (Expungement)?
If your record has been restricted (Georgia’s version of expungement), most private employers cannot see the restricted charges. This includes:
- Dismissed charges
- Not guilty verdicts
- Certain eligible convictions that have been restricted after a set period of time
Once your record is restricted, it is hidden from public view and should not show up on most employment background checks. However, law enforcement and some government agencies will still have access.
How to Find Out What’s on Your Record
If you’re unsure what employers might see, you can request a copy of your official criminal history through your local police department or sheriff’s office. This allows you to prepare for questions during job interviews or take steps to restrict eligible parts of your record.
Take Control of Your Record
Your past doesn’t have to control your future. If you have an arrest or conviction on your record, it’s worth speaking with our Atlanta expungement attorneys to see if you qualify for record restriction or expungement.
At The Spizman Firm, we help clients throughout Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs, clear their records and move forward with confidence. Contact us today to learn more about your options.
