Legislative Update www . gjp . org
GJP serves Georgians impacted by the criminal legal system through holistic criminal defense , early termination of probation , and criminal record clearing . We also provide community education , and advocacate for laws and policies that remove barriers to reentry . GJP ’ s mission is to lower the number of Georgians under correctional control and reduce barriers to reentry .
At the same time that GJP is working to implement
Senate Bill 105 ( early termination of probation ) and
Senate Bill 288 ( expanding expungement of convictions ) that were passed in the last two years , GJP had three reentry reform priorities the 2022 legislative session — one passed and two we will continue to pursue in 2023 and beyond .
REDUCING DRIVER ’ S LICENSE SUSPENSIONS :
SB 10-PASSED 105,000 Georgians get their driver ’ s licenses suspended every year not because of dangerous driving , but because they miss traffic court . Missing a court date for ANY traffic violation automatically results in a suspended driver ’ s license . Almost half of people who lose their driver ’ s license lose their jobs . 79 % of Georgians drive to work . Suspensions start a cycle of deeper poverty through job loss , arrests and fines , and less ability to pay and reclaim the license .
To address these issues , the legislature unanimously passed SB 10 . Sections 3 & 4 of
SB 10 will help Georgians both keep and regain their driver ' s licenses . If signed , this bill would allow judges to stop those suspensions before they start . It would also provide a path to license reinstatement that does not require full adjudication and payment of a ticket . Finally , it will allow judges to waive DDS reinstatement fees for these types of suspensions . This would mark a significant change from current law , which requires full adjudication and payment of all fines , fees , and assessments , plus payment of a DDS fee , before reinstatement .
EXPANDING ACCESS TO EXPUNGEMENT : Despite strong support for the bill ,
SB 257 ran out of time for a floor vote and did not pass . SB 257 would have improved upon SB 288 that first allowed Georgians to expunge old convictions . Among other minor fixes , SB 257 would have made eligibility for all misdemeanor theft offenses consistent , streamlined the process of restricting and sealing pardoned felony offenses , and removed an unintentional loophole that requires survivors of human trafficking to wait two years to expunge vacated convictions . GJP will pursue similar legislation to expand access to expungement in 2023 .
REMOVING BARRIERS TO OCCUPATIONAL LICENSING : One in 7 entry-level jobs in Georgia require an occupational license . More than 4.5 million people have a Georgia criminal record . Even when records are old , pardoned or expunged , licensing applicants face barriers . Even when a person is well-qualified and motivated to pursue training to obtain a good job and long-term career , uncertainty may discourage them from pursuing certain career paths .
SR 376 did not pass this session but would have established a Senate Study Committee to review Georgia ’ s occupation licensing laws and make recommendations for changes to reduce barriers to quality jobs and economic mobility . Even without a study committee , GJP will continue to build support to reduce barriers to occupational licensing for people with a past criminal record .
Two other bills related to reentry passed this session : -
SB 441 has multiple provisions . Until the last day of the session , this bill only dealt with improving criminal justice data and technology . These provisions stayed in the final version of the bill , though unrelated provisions were added on the last day of session . GJP sees everyday how missing data impacts a person ’ s ability to move on from their record , which the original portions of this bill are meant to address . -
SB 565 will eliminate the waiting period for survivors of human trafficking to apply for vacatur . It will also allow survivors to also petition to move from incarceration to parole .