Discharge filed completely exonerates the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties, except for registration requirements under the state sexual offender registry and except with regard to employment as specified in Code Section 42-8-63.1; and the defendant shall not be considered to have a criminal conviction. O.C.G.A. 42-8-60.”
History. Ga. L. 1968, p. 324, § 1; Ga. L. 1982, p. 1807, § 1; Ga. L. 1985, p. 380, § 1; Ga. L. 1986, p. 218, § 1; Ga. L. 2006, p. 379, § 26/HB 1059; Ga. L. 2012, p. 172, § 1/SB 231; Ga. L. 2016, p. 443, § 6A-1/SB 367; Ga. L. 2019, p. 808, § 7/SB 72.
The 2012 amendment, effective July 1, 2012, deleted “or” at the end of paragraph (d)(4); substituted “; or” for a period at the end of paragraph (d)(5); and added paragraph (d)(6).
The 2016 amendment, effective July 1, 2016, rewrote this Code section.
The 2019 amendment, effective July 1, 2019, substituted “game warden” for “conservation ranger” in division (j)(9)(B)(iv).
Cross references.
Probation for first offenders of laws relating to possession of narcotic drugs, marijuana, or other substances, § 16-13-2 .
Punishment of misdemeanor first offenders, § 17-10-3 .
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2006, “plea of guilty or” was substituted for “plea of guilty of” in the introductory language of subsection (d).
Editor’s notes.
Ga. L. 2006, p. 379, § 30/HB 1059, not codified by the General Assembly, provides that: “The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment.” This Act became effective July 1, 2006.
Law reviews.
For article on recidivism and convictions based on nolo contendere pleas, see 13 Ga. L. Rev. 723 (1979).
For article on the effect of nolo contendere plea on conviction, see 13 Ga. L. Rev. 723 (1979).
For annual survey of criminal law and procedure, see 41 Mercer L. Rev. 115 (1989).
For annual survey article on evidence, see 50 Mercer L. Rev. 229 (1998).
For annual survey of criminal law, see 57 Mercer L. Rev. 113 (2005).
For annual survey of evidence law, see 57 Mercer L. Rev. 187 (2005).
For article on 2006 amendment of this Code section, see 23 Ga. St. U. L. Rev. 11 (2006).
For annual survey of criminal law, see 58 Mercer L. Rev. 83 (2006).
For article, “No Second Chances: Immigration Consequences of Criminal Charges,” see 13 Ga. St. B.J. 26 (2007).
For note, “Padilla v. Kentucky: The Criminal Defense Attorney’s Obligation to Warn of Immigration Consequences of Criminal Conviction,” see 29 Ga. St. U.L. Rev. 891 (2012).
For annual survey of criminal law, see 67 Mercer L. Rev. 31 (2015).
For article on the 2016 amendment of this Code section, see 33 Ga. St. U. L. Rev. 139 (2016).
Structure Georgia Code
§ 42-8-61. Defendant to Be Informed of Eligibility for Sentencing as First Offender
§ 42-8-62. Duty of Clerk to Transfer Information
§ 42-8-62.1. Limiting Public Access to First Offender Status; Petitioning; Sealing Record
§ 42-8-63. Effect of Discharge Under Article on Eligibility for Employment or Appointment to Office
§ 42-8-63.1. Discharges Disqualifying Individuals From Employment
§ 42-8-64. Appeal of Sentence Imposed Under Article
§ 42-8-65. Use of Prior Finding of Guilt in Subsequent Prosecutions; Modification of Records