History. Ga. L. 1968, p. 324, § 4; Ga. L. 1978, p. 1621, § 3; Ga. L. 1982, p. 1807, § 4; Ga. L. 1983, p. 3, § 31; Ga. L. 1985, p. 283, § 1; Ga. L. 1985, p. 380, § 2; Ga. L. 1990, p. 735, § 2; Ga. L. 1994, p. 97, § 42; Ga. L. 2016, p. 443, § 6A-1/SB 367.
The 2016 amendment, effective July 1, 2016, rewrote this Code section.
Code Commission notes.
Ga. L. 1985, p. 380 cited “Code Section 40-8-60” in present subsection (c). Pursuant to Code Section 28-9-5, this has been changed to “Code Section 42-8-60.”
Editor’s notes.
Ga. L. 1985, p. 380, § 3, not codified by the General Assembly, provided as follows: “Subsection (d) [now subsection (c)] of Code Section 42-8-65 of the Official Code of Georgia Annotated enacted by Section 2 of this Act shall be repealed upon the ratification of an amendment to the Constitution extending the jurisdiction of the State Board of Pardons and Paroles to consider cases covered by Code Section 42-8-60.” As of May 1, 2018, no vote had been taken on such a constitutional amendment.
Ga. L. 1985, p. 380, § 3, as amended by Ga. L. 2018, p. 550, § 2-19/SB 407, provides: “This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.” Ga. L. 1985, p. 380 was signed by the Governor and became law on March 20, 1985.
Law reviews.
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