New Georgia First Offender Law Takes Effect July 1, 2026: Records Can Now Be Restricted And Sealed

A major change to Georgia’s First Offender Act is coming on July 1, 2026. Under HB 162, most First Offender records will now be restricted and sealed from public view — giving people who successfully complete (or are completing) a First Offender sentence a much better chance at a true second opportunity.

This new law addresses a long-standing problem: even after successfully completing a First Offender sentence, many Georgians continued to face barriers to employment, housing, and licensing because their records remained publicly accessible.

What HB 162 Changes

Beginning July 1, 2026, HB 162 requires the restriction and sealing of First Offender records in most cases, unless the sentence has been revoked. The law creates three distinct paths depending on when the First Offender plea was entered:

1. New First Offender Sentences (Pled on or After July 1, 2026)

For anyone sentenced under the First Offender Act on or after July 1, 2026, the court must restrict the criminal history record and seal the clerk of court records at the time of sentencing. Jail records must also be restricted and hidden from public view.

While a specific court order is not strictly required by the statute, many clerks’ offices will likely expect an order directing them to restrict and seal the case. See O.C.G.A. § 42-8-62.1(b).

2. Active First Offender Sentences (Pled Before July 1, 2026)

Individuals currently serving a First Offender sentence entered before July 1, 2026, can now petition the sentencing court to restrict and seal their records — even if they did not request it at the time of sentencing.

The court must grant the petition within 90 days of filing and issue an order that:

• Restricts the criminal history information
• Seals all records in the clerk’s custody
• Restricts and removes jail records from public view

See O.C.G.A. § 42-8-62.1(c) and (d).

3. Completed First Offender Sentences (Discharged or Discharged as a Matter of Law)

People who have already completed their First Offender sentence — whether formally discharged or discharged by operation of law — can also petition the sentencing court for record restriction and sealing.

If no order of adjudication of guilt was entered during the sentence, the court must grant the petition within 90 days and issue an order restricting the criminal history and sealing the court and jail records. See O.C.G.A. §§ 42-8-62.2 (b–d).

Helpful Resources From Georgia Justice Project

The Georgia Justice Project (GJP) played a key role in drafting HB 162 and has created excellent resources to help attorneys and individuals navigate the new law. These include:

• A clear summary of HB 162
• A revised overview of record clearing in Georgia
• Updated information on Retroactive First Offender
• Template motions and orders (both attorney and pro se versions)

You can access all of these resources here:
https://www.gjp.org/blog/

Why This Matters

As the Georgia Justice Project noted:

“We drafted this new law because we saw how many of our clients who had been sentenced under the FOA had been harmed and lost opportunities because of the availability of the records. Our hope is that folks can get a true second chance with the changes.”

This legislation represents a meaningful step toward giving Georgians who have successfully completed a First Offender sentence a genuine fresh start.

How We Can Help

At George C. Creal Jr. P.C., we regularly help clients with First Offender cases, retroactive First Offender petitions, record restriction, and sealing matters across Metro Atlanta and the state of Georgia. If you or someone you know has a First Offender sentence — whether active or completed — we can review your case and advise you on the best path forward under the new law.

Contact us today for a consultation:

George C. Creal Jr. P.C. – Georgia Criminal Lawyers
(770) 961-5511
www.georgialawyer.com

This article is for informational purposes only and does not constitute legal advice. The application of HB 162 may vary depending on the specific facts of each case. We recommend consulting with an experienced Georgia criminal defense attorney to discuss your individual situation.