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House committee advances bill to seal first-offender records at sentencing
Summary
A House Judiciary panel amended and approved a bill that would allow judges to order first-offender records sealed at sentencing rather than after completion of probation, while preserving judges' power to revoke and excluding no parties from required access under court order.
A House Judiciary Committee hearing advanced House Bill 162 on a voice vote after a late amendment to add the State Board of Pardons and Paroles to a list of agencies with access to sealed first-offender records.
Representative Lisa Hagen, sponsor of the measure, told the committee the First Offender Act — first enacted in 1964 — was intended to let certain defendants with a single qualifying offense avoid a conviction on their record after successful completion of their sentence. "We want them to have that second chance," Hagen said, explaining the bill would let judges order those records sealed at sentencing rather than waiting until the end of probation.
The bill is intended to respond to modern record availability: Hagen and supporters said online public records make the statute less effective because information is often discoverable during probation. The proposal would still allow a judge to refuse a first-offender plea or to revoke the disposition later; the bill retains judicial discretion, Hagen said.
Members debated access and protections for civil litigators. Wade Askew of the Georgia Justice Project, who worked on the measure with Hagen, said the bill includes provisions allowing sealed records to be disclosed pursuant to a court order, which would enable civil attorneys to seek relevant information from the start of a case.
Lawmakers asked practical questions about revocations and data. Committee members were told that, based on data provided to staff, revocations are uncommon: "Since 2017, the data that they sent said only 2 percent of cases are," a witness said during questioning. Committee members also discussed adding explicit listings for agencies such as the Department of Community Supervision and the State Board of Pardons and Paroles to speed operational access when needed.
Committee action: a member moved a friendly amendment to insert the State Board of Pardons and Paroles into the statutory list of agencies (relettering paragraphs as needed). That amendment was adopted by voice vote, and the committee then approved the bill as amended. No roll-call tally was recorded in the transcript.
The measure now goes to the Rules Committee if it continues to move through the House.
Clarifying details from the hearing include that the bill would: seal records at sentencing rather than upon successful completion of probation; preserve a judge's right to decline a first-offender plea; allow disclosure of sealed records pursuant to court order for civil litigation; and explicitly list agencies (Department of Community Supervision and the State Board of Pardons and Paroles) to help clerks and courts respond operationally.
