2019 Georgia Code
Title 42 - Penal Institutions
Chapter 8 - Probation
Article 3 - First Offenders
§ 42-8-65. Use of prior finding of guilt in subsequent prosecutions; modification of records

Universal Citation: GA Code § 42-8-65 (2019)
  • (a) If otherwise allowable by law, in a subsequent prosecution of the defendant for another offense, when a defendant has not been exonerated of guilt and discharged, the prior finding of guilt may be pleaded and proven as if an adjudication of guilt had been entered and relief had not been granted pursuant to this article.

  • (b) The records of the Georgia Crime Information Center showing treatment as a first offender shall be modified only when a court of competent jurisdiction enters:

    • (1) An adjudication of guilt for the offense for which the offender has been sentenced as a first offender;

    • (2) An order modifying the sentence originally imposed; or

    • (3) An order correcting an exoneration of guilt and discharge entered pursuant to subsection (g) of Code Section 42-8-60.

  • (c) (1) Any individual who is sentenced pursuant to subsection (a) or (k) of Code Section 42-8-60 shall not be deemed to have been convicted during such sentence, and records thereof shall only be disseminated by the Georgia Crime Information Center:

    • (A) To criminal justice agencies, as such term is defined in Code Section 35-3-30;

    • (B) As authorized by subsection (c) of Code Section 35-3-37; and

    • (C) As authorized by subparagraph (a)(1)(B) of Code Sections 35-3-34 and 35-3-35.

      • (2) If a court of competent jurisdiction adjudicates the defendant guilty while such defendant is serving a first offender sentence, such records may be disseminated by the Georgia Crime Information Center as provided in Code Sections 35-3-34 and 35-3-35.


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.

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