State Laws | Georgia
Last Updated: August 2017

Georgia Background Check Laws

What are Georgia background check and ban-the-box laws?

We update this overview of Georgia background check laws and ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.

  • FCRA
  • District Laws
  • Ban-The-Box

Fair Credit Reporting Act (FCRA)

In order to set a standard for hiring policies, the federal government created the Fair Credit Reporting Act, or FCRA, which monitors and protects both employers and job candidates.


State Laws

GA Code 35-3-34 (3) (b) – Georgia Crime Information Center Records

Our Take: If an employer decides not to hire an applicant after reviewing criminal record information obtained through GCIC, the employer must inform the applicant of: (1) the origin of the record – i.e., that it came from the GCIC; (2) the facts and contents of the record; and (3) the effect the record had on the employer’s final hiring decision.

Ban-The-Box and Fair Hiring Laws


STATE LAWS — PUBLIC COMPANIES

Who must follow: This ban-the-box law applies only if you are a public sector employer for the State of Georgia.

Timing of inquiry: Public sector employers for the state of Georgia may only inquire into criminal history.

Adverse action implications: None

LOCAL LAWS — PUBLIC AND PRIVATE COMPANIES

See which Georgia counties and cities have local ban-the-box and fair hiring laws.