The Atlanta Lawyer December/January 2021 Vol. 19, No. 4 | Page 21

attorneys across the State and their clients in State courts , it ’ s important to note this Bill also allows individuals who have received a pardon from the State Board of Pardons and Paroles to petition the court to restrict and seal felony convictions so long as they were not serious violent felonies or sex offenses . Lastly , but significantly important , the Bill provides liability protection for employers who engage in second-chance hiring . For employers willing to give second chances , this is a breath of fresh air in relief .
But here is the catch , because in life there likely will always be one , SB 288 will allow ex-offenders with certain first-time misdemeanor and non-violent felony convictions to petition the court to have their criminal records shielded from public view only after four consecutive years of no other criminal offenses . Also , convictions for certain domestic and nuisance charges like family violence and stalking , plus other major offenses like sex crimes , and DUI , would not be eligible for record sealing . Ask me how much of my case load consists of Family Violence or DUIs . The answer is the majority . I will not waste your time explaining why that really turns my smile upside down , but I will honor this heavily needed change within this already unbalanced system . Prior to this Bill , Georgia had a very limited record sealing legislation only affording some misdemeanors committed before the age of 21 to be sealed . Now , SB 288 expands the prior record sealing laws that failed to benefit the vast majority of the Georgians that needed it most , by eliminating the age restriction .
As a Public Defender , this is a win for my clients , and all defendants that qualify . Most of my clients are not common criminals set to continue to commit crime . Most of them are young to middle aged adults still of working age , or lack proper housing and food , and lack a K-12 education . Stealing chips and running from the police because you are hungry with no money is a crime , but it should not prevent you from being hired 4 years or more down the line . SB 288 will increase the number of people working in our communities , and when more people are working in Georgia , there is a direct decrease in crime and the amount of people who rely on family or the government for financial assistance lowers substantially too . So cheers to Georgia for getting criminal justice reform right and for real this time .
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