(c) The department shall be authorized to obtain conviction data
with respect to any applicant or any person who is a director,
officer, partner, agent, employee, or ultimate equitable owner of 10
percent or more of the applicant. Upon receipt of information from
the Georgia Crime Information Center that is incomplete or that
indicates an applicant or any person who is a director, officer,
partner, agent, employee, or ultimate equitable owner of 10 percent
or more of the applicant has a criminal record in a state other than
Georgia, the department shall submit to the Georgia Crime
Information Center two complete sets of fingerprints of such
applicant or such person, the required records search fees, and such
other information as may be required. Upon receipt thereof, the
Georgia Crime Information Center shall promptly transmit one set of
fingerprints to the Federal Bureau of Investigation for a search of
bureau records and an appropriate report and shall retain the other
set and promptly conduct a search of its own records and records to
which it has access. The Georgia Crime Information Center shall
notify the department in writing of any derogatory finding,
including, but not limited to, any conviction data regarding the
fingerprint records check, or if there is no such finding. All
conviction data received by the department shall be used by the
department for the exclusive purpose of carrying out its
responsibilities under this article, shall not be a public record,
shall be privileged, and shall not be disclosed to any other person
or agency except to any person or agency which otherwise has a legal
right to inspect the file. All such records shall be maintained by
the department pursuant to laws regarding such records and the rules
and regulations of the Federal Bureau of Investigation and the
Georgia Crime Information Center, as applicable. As used in this
subsection, "conviction data" means a record of a finding, verdict,
or plea of guilty or a plea of nolo contendere with regard to any
crime, regardless of whether an appeal of the conviction has been
sought.
(c) The department shall be authorized to obtain conviction data
with respect to any applicant or any person who is a director,
officer, partner, agent, employee, or ultimate equitable owner of 10
percent or more of the applicant. Upon receipt of information from
the Georgia Crime Information Center that is incomplete or that
indicates an applicant or any person who is a director, officer,
partner, agent, employee, or ultimate equitable owner of 10 percent
or more of the applicant has a criminal record in a state other than
Georgia, the department shall submit to the Georgia Crime
Information Center two complete sets of fingerprints of such
applicant or such person, the required records search fees, and such
other information as may be required. Upon receipt thereof, the
Georgia Crime Information Center shall promptly transmit one set of
fingerprints to the Federal Bureau of Investigation for a search of
bureau records and an appropriate report and shall retain the other
set and promptly conduct a search of its own records and records to
which it has access. The Georgia Crime Information Center shall
notify the department in writing of any derogatory finding,
including, but not limited to, any conviction data regarding the
fingerprint records check, or if there is no such finding. All
conviction data received by the department shall be used by the
department for the exclusive purpose of carrying out its
responsibilities under this article, shall not be a public record,
shall be privileged, and shall not be disclosed to any other person
or agency except to any person or agency which otherwise has a legal
right to inspect the file. All such records shall be maintained by
the department pursuant to laws regarding such records and the rules
and regulations of the Federal Bureau of Investigation and the
Georgia Crime Information Center, as applicable. As used in this
subsection, "conviction data" means a record of a finding, verdict,
or plea of guilty or a plea of nolo contendere with regard to any
crime, regardless of whether an appeal of the conviction has been
sought.
(e) The department shall be authorized to obtain conviction data
with respect to any applicant or any person who is a director,
officer, partner, agent, employee, or ultimate equitable owner of 10
percent or more of the applicant. Upon receipt of information from
the Georgia Crime Information Center that is incomplete or that
indicates an applicant or any person who is a director, officer,
partner, agent, employee, or ultimate equitable owner of 10 percent
or more of the applicant has a criminal record in any state other
than Georgia, the department shall submit to the Georgia Crime
Information Center two complete sets of fingerprints of such
applicant or such person, the required records search fees, and such
other information as may be required. Upon receipt thereof, the
Georgia Crime Information Center shall promptly transmit one set of
fingerprints to the Federal Bureau of Investigation for a search of
bureau records and an appropriate report and shall retain the other
set and promptly conduct a search of its own records and records to
which it has access. The Georgia Crime Information Center shall
notify the department in writing of any derogatory finding,
including, but not limited to, any conviction data regarding the
fingerprint records check, or if there is no such finding. All
conviction data received by the department shall be used by the
department for the exclusive purpose of carrying out the
responsibilities of this article, shall not be a public record,
shall be privileged, and shall not be disclosed to any other person
or agency except to any person or agency which otherwise has a legal
right to inspect the file. All such records shall be maintained by
the department pursuant to laws regarding such records and the rules
and regulations of the Federal Bureau of Investigation and the
Georgia Crime Information Center, as applicable. As used in this
subsection, "conviction data" means a record of a finding, verdict,
or plea of guilty or plea of nolo contendere with regard to any
crime, regardless of whether an appeal of the conviction has been
sought.
(e) The authority shall be authorized to obtain conviction data with
respect to its officers and employees or prospective officers and
employees. For such purpose, the authority may submit to the Georgia
Crime Information Center two complete sets of fingerprints of the
officer or employee or the applicant for appointment or employment,
the required records search fees, and such other information as may
be required. Upon receipt thereof, the Georgia Crime Information
Center shall promptly transmit one set of fingerprints to the
Federal Bureau of Investigation for a search of bureau records and
an appropriate report and shall retain the other set and promptly
conduct a search of its own records and records to which it has
access. The Georgia Crime Information Center shall notify the
authority in writing of any derogatory finding, including, but not
limited to, any conviction data regarding the fingerprint records
check or if there is no such finding. All conviction data received
by the authority shall be used by it for the exclusive purpose of
making employment decisions, shall not be a public record, shall be
privileged, and shall not be disclosed to any other person or agency
except to any person or agency which otherwise has a legal right to
inspect the employment file. All such records shall be maintained by
the authority pursuant to laws regarding such records and the rules
and regulations of the Federal Bureau of Investigation and the
Georgia Crime Information Center, as applicable. As used in this
subsection, "conviction data" means a record of a finding or verdict
of guilty or plea of guilty or plea of nolo contendere with regard
to any crime, regardless of whether an appeal of the conviction has
been sought.
(c)(1) For the purposes of making determinations relating to
eligibility under paragraph (2) of subsection (a) of this Code
section, a local fire department shall provide information
relative to prospective employees to the local law enforcement
agency and a state fire department shall provide information
relative to prospective employees to a state law enforcement
agency. Such local or state law enforcement agency shall be
authorized to obtain conviction data with respect to such
prospective employees of a local or state fire department as
authorized in this subsection. The local or state law enforcement
agency shall submit to the Georgia Crime Information Center two
complete sets of fingerprints of the applicant for appointment or
employment, the required records search fees, and such other
information as may be required. Upon receipt thereof, the Georgia
Crime Information Center shall promptly transmit one set of
fingerprints to the Federal Bureau of Investigation for a search
of bureau records and an appropriate report and shall retain the
other set and promptly conduct a search of its own records and
records to which it has access. The Georgia Crime Information
Center shall notify the local or state law enforcement agency in
writing of any derogatory finding, including, but not limited to,
any conviction data regarding the fingerprint records check or if
there is no such finding. All conviction data received by the
local or state law enforcement agency shall not be a public
record, shall be privileged, and shall not be disclosed to any
other person or agency except as provided in this subsection and
except to any person or agency which otherwise has a legal right
to inspect the employment file. All such records shall be
maintained by the local or state law enforcement agency pursuant
to laws regarding such records and the rules and regulations of
the Federal Bureau of Investigation and the Georgia Crime
Information Center, as applicable. As used in this subsection,
"conviction data" means a record of a finding or verdict of guilty
or plea of guilty or plea of nolo contendere with regard to any
crime, regardless of whether an appeal of the conviction has been
sought.
"conviction data" means a
record of a finding or verdict of guilty or plea of guilty or plea
of nolo contendere with regard to any crime, regardless of whether
an appeal of the conviction has been brought, or a record of a
sentencing to first offender treatment [...]
"conviction data" means a
record of a finding or verdict of guilty or plea of guilty or plea
of nolo contendere with regard to any crime, regardless of whether
an appeal of the conviction has been brought, or a record of a
sentencing to first offender treatment [...]
(a) As used in this Code section, the term "conviction data" means a
record of a finding or verdict of guilty or a plea of guilty or a
plea of nolo contendere with regard to any crime, regardless of
whether an appeal of the conviction has been sought.