Georgia bill could spur debate over sealing criminal records

Legal office of lawyers, justice and law concept / Getty Images
Legal office of lawyers, justice and law concept / Getty Images

ATLANTA (AP) - A bill that would broaden the number of cases in which criminal records can be sealed could open a larger conversation about the issue, Georgia lawmakers say.

The Georgia Senate bill would add a wide variety of criminal cases that could qualify for expungement, The Valdosta Daily Times reported. The bill was introduced last month by Sen. Tonya Anderson, D-Lithonia.

If passed into law, defendants would have the possibility of having their records sealed a decade after they've served their sentences, if certain conditions are met. The bill would also affect some youth offenders, and defendants who successfully complete a drug rehabilitation program.

Rep. Josh McLaurin, a Sandy Springs Democrat, said the legislation opens up a larger conversation about expungement laws in Georgia.

"We need to decide what we want to do with a record," McLaurin said.

More than one-third of Georgians have a criminal record, according to the Georgia Justice Project. That represents about 4.2 million people who are required to list a past criminal conviction on applications for various things such as education and employment, the Valdosta newspaper reported.

Advocates for people convicted of crimes say the past records often prevent them from getting jobs and re-entering society. McLaurin said the bill tries to address these issues.

"If you're arrested and your employer finds out about it, you're probably not going to get the job, even if you didn't do anything wrong," Sen. Jen Jordan, D-Atlanta, said.

Anderson's bill includes a list of offenses that do not qualify for expungement, including various crimes against minors and various other sexual crimes.

Attorney Tom Clyde warned that broad expungement could lead down a dangerous path that would not only seal criminal records, but the actions of police and prosecutors.

During the past five years, expungement has gotten wider, Clyde said. That means the public and the media can no longer access some police records, court records or records maintained by the Georgia Bureau of Investigation, the newspaper reported.

"The net affect of that is the entire activity by police and prosecutors ends up sealed and away from the public," he said.

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