Will Employers See My Child’s Sealed Criminal Record?

As parents, we spend years guiding our children toward becoming responsible, independent adults. When a mistake leads to involvement with the criminal justice system, many parents worry about how this will affect their child’s future employment opportunities. One of the most common questions we hear is: “If my child’s record is sealed or expunged, will employers still be able to see it?”

This concern is completely understandable. After all, a single mistake during the teenage or young adult years shouldn’t limit someone’s career opportunities forever. Let’s explore how record sealing works in Georgia and what it means for background checks.

Do Expunged Records Show Up on Background Checks in Georgia?

The quick answer is: in most cases, no—but it’s important to understand the details.

First, we should clarify some terminology. In Georgia, we don’t technically use the term “expungement.” Instead, the correct legal term is “record restriction” or “record sealing.” These terms more accurately reflect what happens to the records—they aren’t completely destroyed but are instead restricted from public view.

When a record is properly sealed in Georgia:

• Most private employers will not see the sealed record during a background check
• The record won’t appear on Georgia Crime Information Center (GCIC) reports provided to most businesses
• However, certain agencies and employers will still have access to restricted records, which we’ll discuss in more detail below.

Georgia’s “Second Chance Law”

Georgia’s record restriction laws, sometimes called the “Second Chance Law,” recognize that young people make mistakes. These laws provide a pathway for individuals to move forward without having a single incident define their entire future.

The law underwent significant changes in 2013 and has been updated several times since, expanding opportunities for record restriction. This means that even if your child was previously told they didn’t qualify for record sealing, they might qualify now under the updated laws.

Who Can See Sealed Records in Georgia?

Even when records are sealed or restricted, they aren’t completely erased from all systems. Certain entities can still access this information:

Who CAN’T See Sealed Records:

• Most private employers
• Landlords conducting background checks
• Educational institutions
• The general public through regular background check services

Who CAN Still See Sealed Records:

• Law enforcement agencies
• Criminal justice agencies
• Prosecutors’ offices
• Certain employers in sensitive fields, including:
  • Those working with vulnerable populations (children, elderly, disabled)
  • Certain federal agencies
  • Some financial institutions
  • Employers requiring security clearances

It’s important to note that while law enforcement can still see sealed records, they won’t be visible in standard background checks that most employers use during the hiring process.

How the Record Sealing Process Works in Georgia

Understanding the record restriction process can help you set realistic expectations about protecting your child’s future:

1. Determining Eligibility

To qualify for record restriction in Georgia, a person must typically meet one of these conditions:

• Their case was dismissed (including through pre-trial diversion program completion)
• They were found not guilty at trial
• They successfully completed a sentence under Georgia’s First Offender Act or Conditional Discharge provisions
• They were convicted of certain misdemeanors, haven’t had any convictions (except minor traffic offenses) for at least four years, and meet other specific criteria

Not all charges can be restricted, even if dismissed. For example, certain serious offenses like sexual crimes, crimes against children, and serious driving offenses may be excluded.

2. Filing the Petition

If your child is eligible, the next step is filing a petition with the court that had jurisdiction over their case. This process involves:

• Preparing the proper legal documentation
• Paying required filing fees (generally $50 to various agencies)
• Attending a court hearing in some cases
• Providing supporting documentation about their rehabilitation and good character

3. Court Review

A judge will review the petition and consider:

• The nature and circumstances of the offense
• The person’s criminal history (if any)
• The person’s behavior since the arrest or conviction
• The public’s interest in knowing about the record versus the person’s privacy interest

4. Implementation of Restriction

If the judge approves the petition, notice is sent to:

• The Georgia Crime Information Center (GCIC)
• The clerk of the court where the case was handled
• The arresting agency

Each of these entities must then restrict access to these records in their systems.

Common Questions About Record Sealing

Do expunged records show up in FBI background checks?

Even with a sealed record in Georgia, FBI background checks may still show the arrest and case information. This is important to understand if your child is applying for positions requiring an FBI background check, such as certain government jobs or positions requiring security clearances.

My child’s record was sealed, but it still shows up on background checks. Why?

This is a common issue we help clients with. Several problems can occur:

• Incomplete restriction process: Sometimes not all agencies properly implement the restriction
• Private databases: Some background check companies maintain their own databases that aren’t updated when records are sealed
• Multiple court systems: If records exist in multiple jurisdictions, all must be addressed
• Digital footprint: Online news articles or mugshot websites may still contain information

Our team goes beyond the basic record restriction process to address these issues. We’ve developed proprietary processes to identify where records might still be visible and take steps to properly restrict access.

Can my child say they have no criminal record on job applications?

In most cases, yes. If your child’s record has been properly sealed under Georgia law, they can legally answer “no” when asked if they have been arrested or convicted on most job applications.

However, there are exceptions. Applications for certain positions (law enforcement, working with vulnerable populations, etc.) may specifically ask about sealed records, and answering dishonestly could be problematic.

Why You Need a Lawyer for Record Restriction

While it’s technically possible to petition for record restriction without a lawyer, having experienced legal guidance significantly increases your chances of success. Here’s why:

• Eligibility assessment: The laws are complex, with numerous exceptions and qualifications. We can determine if your child is eligible and under which provision.
• Proper preparation: We ensure all paperwork is correctly completed and all required documentation is included.
• Hearing representation: If a hearing is required, having an attorney present your child’s case professionally can make a significant difference.
• Follow-through: Our proprietary process ensures that once a judge orders restriction, all relevant agencies properly implement it.
• Problem-solving: If issues arise (such as records still appearing in certain databases), we know how to address them.

Our Approach to Record Restriction

At Ghanouni Teen & Young Adult Defense Firm, we understand that proper record restriction requires more than just filing paperwork. Our team takes a comprehensive approach:

• We begin with a thorough assessment of your child’s situation and eligibility for record restriction.
• We identify all jurisdictions and agencies where records might exist.
• We prepare complete and accurate petitions tailored to your child’s specific circumstances.
• We represent your child throughout the process, including at any required court hearings.
• We follow up with all relevant agencies to ensure proper implementation of the restriction.
• We verify that records have been properly restricted by checking various databases.

Taking the Next Step

If your child has a criminal record that’s affecting their employment opportunities, now is the time to explore whether record restriction is possible. Even if they were previously told they weren’t eligible, changes to Georgia’s laws might have created new opportunities.

The process takes time—typically several months from start to finish—so it’s best to begin as soon as possible. The sooner your child’s record is restricted, the sooner they can move forward without this barrier to employment.

Contact Our Legal Team Today

At Ghanouni Teen & Young Adult Defense Firm, we focus exclusively on helping teens and young adults navigate the criminal justice system and protect their futures. Record restriction is an important part of that mission.

Don’t let a past mistake limit your child’s future opportunities. Contact our team today to schedule a strategy meeting where we can discuss your child’s specific situation and determine if record restriction is possible.

Our goal is to help your child move forward with a clean slate, opening doors to employment opportunities that might otherwise remain closed.

Remember: In Georgia, sealed records generally don’t show up on standard background checks used by most employers. With proper legal assistance, your child can take advantage of Georgia’s “Second Chance Law” and pursue their career goals without a criminal record holding them back.