Employers Authorized to Make Records Checks; Procedure; Retention of Fingerprints

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  1. On and after July 1, 1986, an employer may require that a new or current employee or volunteer submit to a records check for the purpose of determining whether such person has ever been convicted of a crime or has a criminal record.
  2. An employer seeking a records check on an employee shall submit a records check application to the GCIC. Upon receipt thereof, the GCIC shall promptly conduct a search of its records and records to which it has access. Within a reasonable time after receiving the application, the GCIC shall notify the employer in writing of any criminal record finding or of the fact of no such finding.
  3. If the employer is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this article for such program and the employer shall notify the individual whose fingerprints were taken of the parameters of such retention.

(Code 1981, §49-5-111, enacted by Ga. L. 1986, p. 669, § 1; Ga. L. 2018, p. 507, § 2-19/SB 336.)

The 2018 amendment, effective July 1, 2018, added subsection (c).

Law reviews.

- For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 119 (2018).


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