Except as provided in Code Section 42-8-63.1, a discharge under this article is not a conviction of a crime under the laws of this state and shall not be used to disqualify an individual in any application for employment or appointment to office in either the public or private sector.
History. Ga. L. 1978, p. 1621, § 2; Ga. L. 2016, p. 443, § 6A-1/SB 367.
The 2016 amendment, effective July 1, 2016, substituted “provided in Code Section 42-8-63.1,” for “otherwise provided in this article,” near the beginning and substituted “shall not be used to disqualify an individual” for “may not be used to disqualify a person” in the middle.
Law reviews.
For article, “Labor and Employment Law,” see 53 Mercer L. Rev. 349 (2001).
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