Georgia
Georgia
Final grade: B-
Exclusion Grade
C-
Relevance Grade
A
Due Process Grade
C
Strengths
- Boards may only use directly related crimes and must consider evidence of rehabilitation.
Areas of Improvement
- Strengthen safeguards for due process by requiring a petition process and placing the burden of proof on the state.
- Ban agencies from using arrest records, old convictions, and crimes of “moral turpitude” to disqualify applicants.
Thanks to a 2016 reform, Georgia earned one of the country’s highest Relevance grades.
Statute: Ga. Code Ann. § 43-1-19
Exclusion
Overarching ban on blanket bans | Yes |
Ban on considering arrest records | No |
Ban on considering post-conviction relief records | No |
Time limit | No limit |
Ban on vague, discretionary character standards | No |
Relevance
Relationship between the crime and the license sought | "Directly relates" |
Required factors for consideration | |
Rehabilitation | Yes |
Time elapsed since crime was committed | Yes |
Age when crime was committed | Yes |
Employment History | No |
Testimonials | No |
Due Process
Petition Process | No, but applicants can request a hearing before a board decides to disqualify |
Burden of Proof | Both unspecified |
Right to appeal | Yes |
Written notice requirement | Yes |