Is Georgia a Felony Friendly State?

Is Georgia a felony friendly state? Georgia isn’t one of the best states for felons to live in, but it’s not the worst either.

In this overview, we’ll look at the laws and programs designed to help felons in Georgia rebuild their lives and we’ll point out what you need to watch out for.

How Is Georgia A Felony Friendly State?

Let’s start with the good news for felons in Georgia:

• Automatic restoration of voting rights
• Ban-the-box policy
• First Offender Act
• Some felonies are eligible for pardon
• Possibility of record restriction and sealing
• Rehabilitation certificates issued
• Occupational licensing protections
• Support for employment

Restoration of Voting Rights

Felons automatically regain the right to vote once they fully complete their sentence (incarceration, parole, probation, and the payment of fines).

Ban-the-Box Policy

State agencies don’t ask about criminal history on initial job applications. Criminal histories are evaluated later in the hiring process, with hiring managers considering the nature and age of the offense and its relevance to the position sought.

While this policy doesn’t apply to private employers, state agencies offer employment in a wide range of fields from office-based jobs to construction and transportation.

First Offender Act

After pleading guilty or nolo contendere, eligible first-time felony offenders may be sentenced to probation without receiving a formal conviction. Upon successful completion of probation, the offender will be discharged without the burden of a criminal record.

The act excludes serious violent felonies, sex offenses, and DUIs.

Felony Pardons

Pardons from the Georgia Board of Pardons and Paroles can restore civil rights—voting, jury service, holding public office, and in some cases, firearm possession.

A pardon won’t automatically make your record disappear, but it’s a big help when you’re looking for jobs and housing because the pardon will appear on your background check.

Felons can apply for a pardon 5 years after completing their sentence. Sex offenders must wait 10 years.

Record Restriction and Sealing

Upon application to the court, pardoned felonies can be restricted or sealed. Getting your record sealed means employers and landlords won’t have access to your criminal history. A sealed record essentially gives you a fresh start.

Rehabilitation Certificates

Issued by the Georgia Department of Corrections to felons who complete rehabilitation programs while incarcerated, the Certificate Of Program and Treatment Completion boosts your credibility with employers, landlords, and occupational licensing boards.

Employers are also granted a “presumption of due care” if they hire someone with this certificate, reducing concerns they could be held liable for any harm caused by a former offender.

Occupational Licensing Protections

For occupational licenses (like becoming a barber, nurse, or contractor), Georgia law says licensing boards can’t automatically say no just because of your record.

They have to consider the type of offense, its relation to job responsibilities, how long it’s been, and whether you’ve shown evidence of rehabilitation.

Support for Employment

Workforce development programs and job training initiatives help felons gain skills and find work.

While incarcerated, felons have the opportunity to gain job skills, education, and certifications through the Career, Technical, and Higher Education Unit.

Felons on parole or probation can benefit from the TOPPSTEP program which helps felons under community supervision find work and become self-sufficient.

How Georgia Makes Life Harder For Felons

Georgia still has a way to go to make life after a felony less challenging.

Loss Of Voting Rights

Voting rights are automatically restored upon full sentence completion, but what does that mean? Sentence completion means serving your time, finishing supervision, and paying off all fines and fees.

Tracking and verifying fine payments can be confusing for offenders, leading to delays and unnecessary disenfranchisement.

Restrictions On Holding Public Office

Felons are barred from holding public office in Georgia unless they successfully apply for the restoration of their civil rights and wait at least ten years.

Firearm Restrictions

Only non-violent offenders granted a pardon expressly including the restoration of firearms rights can legally own firearms. Those convicted of offenses involving guns are permanently barred.

No Ban The Box For Private Employers

Private employers can still ask about convictions on job applications.

Lack Of Background Check Limits

Some states limit how far back employers and landlords can go on background checks, but Georgia isn’t one of them. Your felony can show up no matter how old it is unless you get your record sealed.

Occupational Licensing Challenges

When considering license applications, licensing boards vary in how they apply the “directly related” standard, sometimes leaving former offenders exposed to unfair, subjective decisions.

Limited Record Relief

Not all felonies are eligible for pardons and record restriction. Certain repeat offenders and felons convicted of violent crimes, or serious sex offenses aren’t eligible for relief leaving their past permanently visible to employers and landlords.

What Rights Do Felons Lose In Georgia?

Convicted felons lose the right to vote, hold public office, sit on a jury, or serve as a Notary Public. Felons also lose the right to possess, own, or carry a firearm. The right to vote is automatically restored upon full sentence completion.

To apply for restoration of civil rights, felons must have lived a law-abiding life for 2 years since completing their sentence.

Completion of sentence includes paying all fines, fees, and restitution. Restoration of firearm rights is only possible after a pardon has been granted.

See Also: is Texas a felony friendly state?