Georgia Code
Article 2 - Georgia Crime Information Center
§ 35-3-35. Disclosure and Dissemination of Records to Public Agencies and Political Subdivisions; Responsibility and Liability of Issuing Center

(1.1) Make criminal history records maintained by the center available to any county board of registrars or county board of registration and election. The making of an application for voter registration shall be deemed to be consent of the person making the application to release such records to the county board of registrars or county board of registration and election. Such records shall be requested for the sole purpose of verification of information provided on voter registration cards by registration applicants;
(1.2) Make criminal history records maintained by the center and national criminal history records maintained by the Federal Bureau of Investigation, obtained by the center, available to the governing authority of any county or municipality, for any applicant or licensee in a specified occupation for which such local governing authority has adopted an ordinance or resolution requiring such applicants or licensees in a particular occupation or profession regulated by the governing authority to be fingerprinted as a condition of submitting an application or obtaining or renewing a license. The center shall establish a uniform method of obtaining criminal history records required under this paragraph. Such uniform method shall require the submission to the center of two complete sets of fingerprints and the records search fee. Upon receipt thereof, the center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. After receiving the fingerprints and fee, the center shall notify the requesting local government authority in writing of any derogatory finding, including, but not limited to, any criminal record data regarding the fingerprint records check or if there is no such finding. Nothing in this paragraph shall prevent the local governing authority from obtaining national criminal history records directly from the Federal Bureau of Investigation, if an ordinance or resolution requiring the fingerprints of an applicant or licensee of a particular occupation or profession regulated by the local governing authority has been adopted by such governing authority of the county or municipality; and
(d.1) When identifying information provided is sufficient to identify persons whose records are requested, local criminal justice agencies may disseminate criminal history records of in-state felony convictions, pleas, and sentences unless such records are restricted pursuant to Code Section 35-3-37, except as specifically authorized by Code Section 42-8-63.1, without:
(d.2) No fee charged pursuant to this Code section may exceed $20.00 per person whose criminal history record is requested or be charged to any person or entity authorized prior to January 1, 1995, to obtain information pursuant to this Code section without payment of such fee.
Such information may be disseminated to entities to which such records may be made available under subsection (d) of this Code section under the conditions specified in subparagraph (a)(1)(B) of this Code section upon payment of the fee for the request and when the request is made upon a form prescribed by the center. Such agencies may charge and retain fees as needed to reimburse such agencies for the direct and indirect costs of providing such information and shall have the same immunity therefor as provided in subsection (c) of this Code section.
History. Ga. L. 1978, p. 1981, § 1; Ga. L. 1988, p. 203, § 2; Ga. L. 1990, p. 1831, § 1; Ga. L. 1992, p. 1009, § 1; Ga. L. 1995, p. 633, §§ 3, 4; Ga. L. 2000, p. 1206, § 2; Ga. L. 2003, p. 840, § 2; Ga. L. 2007, p. 43, §§ 2, 3/SB 62; Ga. L. 2016, p. 443, § 6B-5/SB 367; Ga. L. 2020, p. 753, § 2-5/SB 288.
The 2020 amendment, effective January 1, 2021, in subparagraph (a)(1)(D), inserted “3-3-23.1,” and “16-13-2,”; and added “unless such records are restricted pursuant to Code Section 35-3-37, except as specifically authorized by Code Section 42-8-63.1,” near the end of the introductory text of subsection (d.1).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1995, “subparagraph (a)(1)(B)” was substituted for “subparagraph (B) of paragraph (1) of subsection (a)” in the undesignated paragraph at the end of subsection (d.1).
Law reviews.
For note on the 2003 amendment to this Code section, see 20 Ga. St. U. L. Rev. 179 (2003).
For article on the 2016 amendment of this Code section, see 33 Georgia St. U. L. Rev. 139 (2016).

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