At-a-Glance Compliance Overview

State Mini-FCRA Laws

Georgia does not maintain a comprehensive consumer reporting statute comparable to the “mini-FCRA” laws adopted in states such as California, Colorado, or Massachusetts.

Employment background checks obtained from consumer reporting agencies are therefore governed primarily by the federal Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers using third-party background screening providers must comply with federal requirements, including:

• providing a clear written disclosure before obtaining a consumer report
• obtaining written authorization from the applicant or employee
• providing pre-adverse action and adverse action notices when information in a consumer report influences an employment decision.

Criminal Record Reporting Rules

Georgia does not impose state-specific reporting limits on criminal convictions in employment background checks.

Convictions

Criminal convictions may generally be reported without time limitation under FCRA §605(a)(5).

Non-Convictions

Under the Fair Credit Reporting Act, consumer reporting agencies generally may not report arrests, indictments, or other adverse non-conviction information that is more than seven years old, subject to federal salary threshold exceptions.

Record Restriction (Sealing)

Georgia law allows individuals to restrict public access to certain criminal records under:

O.C.G.A. §35-3-37

Record restriction may apply to:

• arrests that did not result in conviction
• certain misdemeanor charges
• certain cases resolved through diversion or conditional discharge programs.

Once a record has been restricted, it is removed from public criminal history databases and generally will not appear in routine employment background checks.

Fair Chance / Ban-the-Box Law

Georgia has not adopted a statewide ban-the-box law affecting private employers.

Private employers may inquire about criminal history during the hiring process, including on initial job applications.

The State of Georgia adopted an executive order in 2015 establishing a ban-the-box policy for state government hiring, but that policy applies only to public employment and does not regulate private employers.

Employers should ensure that criminal history screening practices comply with federal anti-discrimination laws when evaluating criminal records.

Credit Check Restrictions

Georgia does not impose statutory restrictions on employer use of consumer credit reports for employment purposes.

Employers may obtain credit reports if they comply with the Fair Credit Reporting Act, including disclosure, authorization, and adverse action requirements.

Employers should ensure that credit checks are relevant to the duties of the position when used in hiring decisions.

Cannabis Use and Drug Testing Rules

Georgia permits limited medical cannabis use under the Georgia Low THC Oil Registry Program, codified at:

O.C.G.A. §31-2A-18 et seq.

The program allows registered patients to possess low-THC oil for certain qualifying medical conditions.

Georgia law does not require employers to accommodate cannabis use in the workplace. Employers may:

• maintain drug-free workplace policies
• prohibit cannabis use during work hours
• discipline employees for workplace impairment
• prohibit possession or use on company property.

Georgia has not legalized recreational marijuana.

Pay Equity and Salary History Rules

Georgia does not maintain a statewide salary history ban affecting private employers.

The state also does not impose pay transparency laws requiring employers to disclose compensation ranges in job postings.

Employers must still comply with federal and state anti-discrimination laws governing compensation practices.

Local Fair Chance or Screening Ordinances

Atlanta – Anti-Discrimination Ordinance (Criminal History Status)

Atlanta Ordinance 22-O-1748

The City of Atlanta amended its Human Relations Code to add criminal history status as a protected category in employment discrimination.

The ordinance applies to employers with 10 or more employees operating within the City of Atlanta.

Key features include:

• The ordinance does not expressly restrict when employers may inquire about criminal history.
• Employers must conduct an individualized assessment before taking adverse employment action based on criminal history.
• The employer must evaluate:

• whether the applicant committed the offense

• the nature and gravity of the offense

• the time that has elapsed since the offense

• the relationship between the offense and the duties of the job.

This framework mirrors the EEOC criminal history guidance factors commonly used in employment discrimination analysis.

Record Sealing / Clean Slate Laws

Georgia allows individuals to restrict access to certain criminal records under O.C.G.A. §35-3-37.

Eligible individuals may request record restriction for:

• arrests that did not result in conviction
• certain misdemeanor charges
• certain cases resolved through diversion programs.

Once restricted, the record becomes unavailable to the public and will generally not appear in routine employment background checks.

Georgia does not currently maintain a fully automatic clean slate record-sealing system.

Key Statutes

• Georgia Record Restriction Statute – O.C.G.A. §35-3-37
• Georgia Low THC Oil Medical Cannabis Program – O.C.G.A. §31-2A-18 et seq.
• Atlanta Anti-Discrimination Ordinance – Ordinance 22-O-1748

Employer Compliance Checklist

Employers conducting background checks in Georgia should implement several compliance practices.

• Follow federal Fair Credit Reporting Act disclosure and authorization requirements when ordering background checks.

• Provide pre-adverse action and adverse action notices when consumer reports influence hiring decisions.

• Ensure background screening providers exclude restricted criminal records from employment reports.

• Conduct individualized assessments when evaluating criminal history for positions located in the City of Atlanta.

• Apply criminal history screening policies consistently to reduce discrimination risks.

• Maintain clear workplace drug testing policies addressing cannabis use and workplace impairment.