Georgia has something else to be proud of with regard to restorative justice – another second chance for its citizens. Georgia prides itself on its First Offender Act, which allows a person to wipe a conviction from their record even after pleading guilty to certain crimes. With SB 288, Georgia citizens will now have another avenue for cleaning up their record.
Rightfully called “The Second Chance Bill,” this new law created a new process for Georgians to move forward with their lives after rehabilitation. Effective at the beginning of 2021, citizens that have been convicted of a misdemeanor can petition the court to have the conviction restricted and sealed after four years of the completed sentence. This means that the conviction will not be accessible to most employers (except some jobs dealing with children).
Additionally, in order to get the second chance, there must be no new pending charges or convictions since the completed sentence. There are some misdemeanors that the legislature wanted excluded from expungement, such as DUIs, sex crimes, and family violence offenses.
The Second Chance Bill is a common-sense step in the right direction, following the other 41 states that currently allow their citizens to remove convictions from their criminal history. This bill will provide more opportunities for employment, housing, and other benefits that are destroyed by having a permanent criminal record. This is especially exciting because in Georgia, 40% of adults have either been to prison, jail, or served time on probation. Shocking to most, there are approximately 4 million Georgians that have a criminal record.
If you believe that you are eligible for restriction on your misdemeanor conviction, or if you have any questions regarding SB 288, contact us so we can help.
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