Will a Drug Charge Show Up on a Background Check in Georgia?

You got arrested for a drug charge. The case is over. Now you’re applying for jobs, looking for a place to live, or trying to move forward with your life.

Then comes the question you’ve been dreading: Will this show up on a background check?

In Georgia, it depends on what happened with your case, what type of background check is being run, and whether you’ve taken steps to restrict your record.

If you’re worried about what employers or landlords will see when they search your name, here’s what you need to know.

What Shows Up on a Georgia Background Check?

Background checks in Georgia pull information from multiple sources, and what shows up depends on who’s running the check.

Most background checks include:

• Arrest records
• Court records
• Conviction records
• Incarceration records
• Pending charges

The Georgia Bureau of Investigation maintains the official state criminal history database called the Georgia Crime Information Center (GCIC). This database contains identification information, arrest data, court dispositions, and custody information for anyone who’s been fingerprinted during an arrest in Georgia.

But background check companies don’t just pull from GCIC.

They also search court websites, county jail records, and other public databases. That means even if your GCIC record is clean, information might still be publicly available elsewhere.

Does an Arrest Show Up Even If You Weren’t Convicted?

Yes. An arrest can show up on a background check even if you were never convicted.

When you’re arrested and fingerprinted, that arrest goes into the GCIC database. It stays there unless you take action to have it restricted.

An arrest will appear on your record if:

• The case was dismissed
• You were acquitted at trial
• Charges were dropped or nolle prossed
• The case is still pending
• You completed a pre-trial diversion program

Just because you weren’t convicted doesn’t mean the arrest disappears. You have to go through a formal process called record restriction to limit who can see it.

What’s Record Restriction in Georgia?

Georgia doesn’t offer true expungement where records are completely destroyed. Instead, Georgia uses record restriction under O.C.G.A. § 35-3-37.

Record restriction limits public access to your criminal history. Restricted records won’t show up for most employers, landlords, or private background checks. Law enforcement and certain government agencies can still see restricted records, but the general public cannot.

You may be eligible for record restriction if:

• Your case was dismissed
• You were acquitted
• Charges were nolle prossed or not presented to the grand jury
• You completed a drug court, mental health court, or veterans treatment program, and your charges were dismissed
• You successfully completed a conditional discharge under O.C.G.A. § 16-13-2
• You have certain misdemeanor convictions, and at least four years have passed since you completed your sentence
• You received a pardon for certain felony convictions

You are NOT eligible for record restriction if:

• You were convicted of a felony drug trafficking charge (without a pardon)
• Your case involved serious violent offenses or certain sex crimes
• The prosecutor shows the dismissal was due to a plea agreement, suppressed evidence, or other specific legal reasons

What Is the First Offender Act and How Does It Affect Background Checks?

The Georgia First Offender Act is one of the most powerful tools for keeping a drug charge off your record.

If you’re sentenced under the First Offender Act:

• You plead guilty or nolo contendere
• The court doesn’t enter a judgment of guilt
• You’re placed on probation
• If you successfully complete probation, you’re discharged without a conviction

Once you successfully complete your First Offender sentence, the charge is sealed from your GCIC criminal history record. This means it won’t show up on most employment background checks.

Important limitations:

• Court records remain publicly available unless you petition to seal them
• Certain employers (those working with children, elderly, or disabled individuals) can still see First Offender records for certain offenses
• Law enforcement can always see the records
• You can only use First Offender once in your lifetime
• Certain charges are ineligible, including DUI and serious violent felonies

If you successfully completed a First Offender sentence but it’s still showing up, you may need to contact the clerk of court to ensure the Order of Discharge was properly entered into GCIC.

Do Private Background Check Companies See Everything?

Private background check companies pull information from public records, including court websites, county jail databases, and news articles.

They might find:

• Court case information that’s publicly searchable online
• Jail booking records
• News articles about your arrest
• Information from third-party databases

Even if you successfully restrict your GCIC record, private companies might still find information if court records haven’t been sealed. This is why it’s important to address both your GCIC record and your court records.

What Should You Do If You Have a Drug Charge on Your Record?

If you have a drug charge that you’re worried will show up on background checks, take action now.

• Get a copy of your GCIC criminal history record. You can obtain this from your local sheriff’s office or police department. This shows you exactly what’s on your official state record.
• Check court records online. Search for your name on the county court website where your case was handled to see what information is publicly available.
• Determine your eligibility for record restriction. Depending on what happened with your case, you may be able to restrict your arrest or conviction records. An attorney can review your case and tell you what options are available.
• Take action to restrict and seal records. This usually involves working with the prosecutor’s office and filing petitions with the court. The process can take several months.
• Follow up to make sure it worked. After records are restricted or sealed, run another background check on yourself to confirm the information is no longer publicly visible.

How Long Does a Drug Charge Stay on Your Record in Georgia?

Without taking action, a drug charge stays on your record permanently.

Arrests don’t automatically fall off after a certain number of years. Convictions don’t disappear after you complete your sentence. The information remains in public databases unless you go through the formal process to restrict or seal it.

Will a Georgia Drug Charge Appear on Your Background Check? Act Now

Whether a drug charge shows up on a background check depends on the outcome of your case and whether you’ve taken steps to restrict your record.

If you already have a drug charge on your record, you may have options to clean it up through record restriction or sealing.

At J. Ryan Brown Law, we help people charged with drug crimes protect their futures. Contact us to discuss your situation and we’ll explain what options are available for your case. Your record doesn’t have to define you.