Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Georgia: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Georgia does not have a statewide ban the box or fair chance hiring law for private employers. Private employers may ask about criminal history on the initial job application and at any stage of the hiring process.
Criminal Record Lookback Period
Georgia has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Georgia has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
Georgia does not use the term expungement. Instead, eligible criminal records may be record restricted, meaning the record is no longer released to private employers or background check companies, though law enforcement retains access. Separately, under Georgia's First Offender Act, a sentence completed without a formal conviction is not a conviction and cannot be used to disqualify an applicant.
Salary History Ban
Georgia does not have a salary history ban. Employers may ask applicants about their previous pay.
Credit Report Restrictions
Georgia does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
Georgia has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Georgia has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Georgia has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
Georgia's Low THC Oil Registry provides no employment protections. Employers may test for marijuana, enforce a zero tolerance policy, and take adverse action against a registered cardholder based on a positive test. Recreational marijuana remains illegal in Georgia. Employers may also participate in Georgia's voluntary Drug-Free Workplace Program, which offers a workers' compensation premium discount to employers that follow its testing procedures.
Pre-Adverse Action Notice & Waiting Period
Georgia has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Georgia has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
Georgia has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Childcare & Long-Term Care Screening
Georgia requires fingerprint based criminal history background checks, run through the state's Background Check via Fingerprinting Technology System, for employees, volunteers, and residents age 16 or older at licensed childcare facilities. A similar background check program applies to owners, administrators, and direct access employees at certain long term care facilities.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
Georgia has no local ordinances regulating criminal history inquiries by private employers.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Georgia gives employers wide latitude, but a few requirements still apply. To stay compliant:
Provide a clear disclosure and obtain written authorization before running a background check. If hiring in Atlanta with 10 or more employees, delay criminal history questions until after a conditional offer. Do not treat a completed First Offender Act sentence as a conviction. Do not ask about or consider record restricted criminal history. Run the required fingerprint based background check before hiring for any childcare or long term care role. Follow the FCRA's pre-adverse and final adverse action process before denying employment based on a report.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Georgia Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Georgia law.