The Importance of Record Sealing in Georgia

The Importance of Record Sealing Under OCGA 35-3-37(m)(2): Protecting Your Future from Background Check Databases

Having a Georgia criminal record—even one that should be legally restricted—can create barriers to employment, housing, and other financial opportunities. In Georgia, O.C.G.A. 35-3-37(m)(2) provides a crucial legal mechanism that allows individuals to seal the court and law enforcement records for arrests that were restricted under another subsection of this important statute.

Understanding how this law interacts with consumer reporting agencies (CRAs) and the Fair Credit Reporting Act (FCRA) is essential for anyone looking to reduce the impact of a criminal record from background check databases.

How OCGA 35-3-37(m)(2) Helps Seal Criminal Records

Georgia law allows for records restriction, which limits public access to certain arrest and conviction records. However, even when a record is restricted, it often remains in databases maintained by court clerks and law enforcement agencies. These records serve as the primary source for private consumer reporting agencies that compile background check reports used by employers, landlords, and financial institutions.

Many states have full expungement or deletion of records. Georgia law does not currently permit complete expungement, but records restriction and sealing is almost as effective as the complete deletion of your record.

How the Law Works

Under O.C.G.A. 35-3-37(m)(2):

1. An individual may petition the court to seal their restricted records held by the court clerk and law enforcement agencies.
2. If the judge grants the petition, the court issues an order requiring the clerk of court and law enforcement agencies to restrict public access to the records.
3. Consumer reporting agencies—which pull data from public records—must delete the sealed information from their databases under federal law if given notice of the court order.

This legal provision ensures that even private background check companies cannot access or report on restricted criminal records once they are sealed.

Why Sealing Court and Law Enforcement Records Matters

Many people assume that once their criminal records are restricted, they disappear from background checks. Unfortunately, this is not the case unless the records are also sealed under O.C.G.A. 35-3-37(m)(2).

Restricted records are only removed from a Type Code E Georgia Crime Information Center report. There are very few employers who actually utilize this report to make hiring decisions.

How Consumer Reporting Agencies Use Public Records

Consumer reporting agencies are the most common source of information for employers and other decision makers looking into a candidates criminal background. Examples of some of the largest agencies include:

HireRight – A major provider of pre-employment background checks, used by many large corporations.

Accurint – One of the largest data aggregation platforms used by law enforcement, government agencies, insurance companies, and private businesses for background checks and investigative research.

Sterling Check (formerly Sterling Talent Solutions) – One of the largest background screening companies, providing services for employers across multiple industries.

Checkr – A modern CRA that specializes in automated and AI-driven background checks for gig economy jobs and startups.

First Advantage – Provides criminal background screening services for Fortune 500 companies and mid-sized businesses.

GIS (General Information Services), now part of Accurate Background – A widely used CRA offering comprehensive background checks.

Accurate Background – Serves companies across different industries with criminal record screening and employment verification.

TruView Background Screening – Offers criminal background checks for employers, government agencies, and security-sensitive industries.

IntelliCorp – Provides employment screening services, including criminal background checks and credit reports.

PeopleG2 – A CRA that focuses on employment background screening, including criminal history checks.

GoodHire – A user-friendly background check provider used by small and mid-sized businesses for employment screening.

These CRAs collect and store publicly available criminal records, often scraping court clerk databases and law enforcement sources. These agencies sell this data to employers, landlords, banks, and other decision-makers who use it for:

• Employment screenings
• Tenant background checks
• Loan applications and financial approvals
• Professional licensing reviews

If a record is restricted but not sealed, consumer reporting agencies may continue to display the information, resulting in wrongful denials of job opportunities, housing, and other critical services.

Sealing Prevents Outdated and Incorrect Information

Even after a case is dismissed or restricted, consumer reporting agencies may still retain and report outdated or incorrect information. Sealing ensures that the official sources of data (court clerks and law enforcement records) are no longer accessible, forcing consumer reporting agencies to update or remove the record.

How the Fair Credit Reporting Act (FCRA) Works With Georgia’s Record Sealing Law

The Fair Credit Reporting Act (FCRA) is a federal law that regulates how consumer reporting agencies handle and report criminal records. The FCRA works in conjunction with O.C.G.A. 35-3-37(m)(2) by requiring CRAs to delete criminal records that have been legally restricted or sealed.

Key FCRA Provisions That Protect You

1. Accurate Reporting Requirement – CRAs must report only current and accurate criminal record information. If a court order seals a record, the CRA must remove it.
2. Seven-Year Reporting Limit – Most arrest records cannot be reported after seven years unless they resulted in a conviction.
3. Obligation to Update Databases – If a consumer disputes incorrect or outdated information, CRAs must correct or delete the record within 30 days.
4. Liability for Non-Compliance – If a CRA fails to remove a sealed or restricted record, the affected individual can sue for damages under the FCRA.

What Happens When Consumer Reporting Agencies Fail to Comply?

If a consumer reporting agency continues to report sealed or restricted criminal records, they can face serious consequences, including:

• Lawsuits for damages under the FCRA.
• Federal Trade Commission (FTC) fines for failing to ensure accurate reporting.
• Civil penalties under Georgia state law.

Individuals who discover that their sealed record is still appearing on background checks have the right to dispute the report and demand removal. If the agency fails to comply, legal action may be necessary.

Why You Should Seek Record Sealing Under O.C.G.A. 35-3-37(m)(2)

Sealing your restricted criminal records under O.C.G.A. 35-3-37(m)(2) is a powerful step in fully clearing your name. By ensuring that your records are no longer publicly available, you: ✔️ Prevent background check agencies from accessing your criminal history
✔️ Increase your chances of employment and housing approvals
✔️ Reduce discrimination based on old, irrelevant records
✔️ Hold consumer reporting agencies accountable under the FCRA

If you believe you qualify for records restriction and sealing in Georgia, an experienced attorney can help file your petition, advocate for your rights, and ensure your records are properly sealed.

Contact Our Firm for Help Sealing Your Record

If you want to take control of your criminal record and prevent it from affecting your future, our legal team is here to help. Contact us today for a free consultation on how O.C.G.A. 35-3-37(m)(2) can work for you.