If you’ve ever heard someone say they got “First Offender” for a case, here’s what that actually means. The First Offender Act lets certain people who have never been convicted of a felony plead guilty and be placed on probation instead of getting a conviction. Complete probation is just what it sounds like: finish the terms the judge sets, like reporting to a probation officer or paying fines, without violating them. If you complete it successfully, the case is discharged, meaning it’s closed without a conviction ever going on your record. If someone later asks whether you’ve been convicted of a crime, and this case is the only one on your record, you can truthfully say no.
That’s the promise of First Offender. For years, though, there was a gap between that promise and what actually happened.
The problem HB 162 was written to fix
Even after successfully completing First Offender, plenty of people found their case still showing up when someone ran a background check. That defeated the purpose. You did everything the court asked, avoided a conviction, and the case followed you into job applications and housing searches anyway.
Here’s why that happened. In Georgia, clearing a record from public view is a two step process, called restriction and sealing. Restriction means the case is hidden from the official background check that employers and landlords run through the Georgia Crime Information Center or the FBI. Sealing goes a step further, hiding the online court records so private background check companies (the kind most employers and landlords actually use) can’t report the case at all. A case needs both steps to truly disappear from the checks people run in real life. Before HB 162, that second step, sealing, often didn’t happen automatically, so cases lingered in a kind of limbo. Technically not a conviction, but still visible.
What changed on July 1, 2026
House Bill 162, signed by Governor Kemp, went into effect July 1, 2026. It requires Georgia courts to restrict and seal First Offender records automatically at the time of sentencing, for anyone sentenced under First Offender from that date forward. No separate application, no waiting. The court has to do both steps as part of handling the case. Jail records connected to the case have to be restricted too.
What if you were sentenced under First Offender before July 1, 2026?
This is the part worth paying attention to if you or someone you know has an older case. HB 162 does not automatically apply to sentences handed down before July 1, 2026. If you’re still serving a First Offender sentence, or you already completed one, you can file a petition (a formal written request) with the court that originally sentenced you, asking for the record to be restricted and sealed. Once you file, the court is required to rule within 90 days.
A few things HB 162 does not change
It doesn’t change who qualifies for First Offender in the first place. Some charges, including certain sex offenses and serious violent felonies, remain ineligible, the same as before. It also doesn’t turn a revoked First Offender sentence (one where the judge took away First Offender status and entered a conviction) into a clean record. HB 162 only helps people whose First Offender case was actually completed successfully, or is still active and on track.
Why this matters
A criminal case sitting in the background of a job application or apartment search can undo the entire point of a second chance law. HB 162 closes that gap for new cases automatically, and gives people with older cases a clear, time-limited path to get the same protection.
If you’re not sure whether your old case is fully restricted and sealed, or you want to find out whether you qualify to petition under this new law, that’s exactly the kind of question worth asking a Cobb County criminal defense attorney directly.
Charged for the first time? Learn how Austin handles first-time drug charges in Cobb County, or request a free case evaluation to ask whether First Offender may apply.
This post is for general information only and does not create an attorney-client relationship. Every case is different, and eligibility depends on the specific facts of your record.
Sources: Georgia Justice Project, HB 162 Updates & Resources; Georgia Justice Project, Restriction & Sealing of First Offender Records (HB 162 One-Pager)
