Give It to Me, I’m Worth It: The Need to Amend Georgia’s Record Restriction Statute to Provide Ex-Offenders with a Second Chance in the Employment Sector

In the era of mass criminalization, where over 70million Americans and almost four million Georgianshave a criminal record, the collateral consequences thataccompany criminal records have become barriers toemployment for many ex-offenders trying to reenter theworkforce. Blanket exclusionary hiring policies thatapply to all individuals with a record regardless of thenature of the offense or time since its commission haveleft a portion of the population with little to noopportunity to act as productive, contributing membersof society.Georgia's current statutory scheme built to alleviatethe effects of the collateral consequences of a criminalrecord is largely inefficient at achieving its stated goalsof reducing recidivism and successfully reintegratingex-offenders back into society. In order to moreeffectively combat the long-lasting repercussions of acriminal record, this Note proposes a multi-facetedlegislative scheme to meet the stated objectives thatincludes a combination of (1) a more liberal recordrestriction statute, (2) allowing individuals withrestricted records not to disclose the restricted offenseson job applications, and (3) allowing for a private right of action against private background check companiesfor supplying incorrect criminal record informationthat results in adverse decisions against the individual.This combination of legislative action would decreasethe lifelong sentence that currently accompanies acriminal record in Georgia and allow ex-offenders tomore easily re-enter the employment sector, buildproductive lives, and become economically independent,all of which contribute to reduced recidivism rates.Georgia has become a model state for criminal justicereform, and by adopting this legislative scheme, couldcontinue to pave the way for other states to follow.