58. What if my restricted charges are showing up on a private background report?

When your record is restricted, it will no longer appear on your official Georgia criminal history record maintained by GCIC. However, private background companies may still report the restricted charges. Information about your charges remains available at the office of the clerk of court and at the jail or detention center; these records remain public, so it is not against the law for private background check companies to provide them to potential employers.

If your restricted record shows up on a private background report, contact the company and request that your report be updated to eliminate information about restricted charges. You will likely need to provide the company with a copy of your approved restriction application or a copy of the disposition in the case showing eligibility for restriction. Many companies will comply, but some may refuse to restrict the records if they are publicly available.

Under the new law, effective July 1, 2013, you can request that the clerk of court and the jail/detention center restrict these records so that private companies may not provide them to employers. If you get the records sealed at the clerk’s office, you can challenge the accuracy of the information reported by the private companies and have it removed. Send the company a copy of the court order sealing the records.  After your report is corrected, ask the private company to resend it to you and to the potential employer.

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