2021 Georgia Code
Title 15 - Courts
Chapter 1 - General Provisions
§ 15-1-20. Definitions; Restrictions on Dissemination of Criminal History Record Information; Conditions Under Which Inspection, Copying, and Use of Restricted Criminal History Record Information Available

1. As used in this Code section, the term:
   1. "Accountability court" means a superior or state court that has a drug court division, mental health court division, or veterans court division or a juvenile court that has a family treatment court division.
   2. "Criminal history record information" shall have the same meaning as set forth in Code Section 35-3-30.
   3. "Criminal justice agencies" shall have the same meaning as set forth in Code Section 35-3-30.
   4. "Restrict," "restricted," or "restriction" means that criminal history record information shall not be disclosed or otherwise made available to any private persons or businesses pursuant to Code Section 35-3-34 or to governmental agencies or licensing and regulating agencies pursuant to Code Section 35-3-35.
2. When a case is assigned to an accountability court and the defendant is required to complete a drug court division program, mental health court division program, veterans court division program, or family treatment court division program, as applicable, prior to the entry of the judgment, in contemplation that the defendant's case will be dismissed or nolle prossed, the court may, in its discretion, restrict the dissemination of the defendant's criminal history record information by the Georgia Crime Information Center for the prosecution of the case assigned to such court. The court shall specify the date such restriction shall take effect. The court may revoke such order at any time.
3. 1. Criminal history record information restricted pursuant to this Code section shall always be available for inspection, copying, and use:
      1. To criminal justice agencies for law enforcement or criminal investigative purposes or for purposes of criminal justice agency employment;
      2. To judicial officials;
      3. By the Judicial Qualifications Commission;
      4. By a prosecuting attorney or public defender who submits a sworn affidavit to the clerk of court that attests that such information is relevant to a criminal proceeding;
      5. Pursuant to a court order; and
      6. By an individual who is the subject of restricted criminal history record information upon court order.
   2. The confidentiality of such information shall be maintained insofar as practical.

(Code 1981, §15-1-20, enacted by Ga. L. 2016, p. 443, § 1-3/SB 367.)

- For article on the 2016 enactment of this Code section, see 33 Georgia St. U.L. Rev. 139 (2016).

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Courts, § 22 et seq.

- 21 C.J.S., Courts, § 243 et seq.