Central Registry/Reporting Records Expungement Georgia

Statute: § 49-5-184(b)-(d)

Classification
Unconfirmed

Expunged/Sealed
Expunged 2 years after classification.

Conditions/Comments
Not addressed in statutes reviewed.

Full Text of Statute

Ga. Code Ann. § 49-5-184(b)-(d) (1998)

All identifying information in the abuse registry of cases classified as unconfirmed shall be expunged from the abuse registry within 2 years after the case is so classified.

Any person whose name appears in the abuse registry without a hearing having been held to determine whether or not there was sufficient credible evidence of child abuse by such person or a reasonable basis to justify such inclusion on the registry is entitled to a hearing for an administrative determination of that issue and whether or not expungement of the name should be ordered. In order to exercise such right, the person must file a written request for a hearing with the DFACS office of any county in which the investigation was conducted which resulted in such person's name being included in the abuse registry. The DFACS office which receives a written request for a hearing by a person entitled to a hearing shall transmit that request to the Office of State Administrative Hearings within 10 days after such receipt. A hearing shall be conducted upon that request within 60 days following its receipt by that hearing office. Upon a finding that there is no credible evidence that the person who requested the hearing committed the child abuse which was the basis for including such person's name on the abuse registry, the hearing office shall order the division to expunge that name from the registry; otherwise, the hearing office shall not take any action regarding the inclusion of such person's name on the registry unless the office finds credible evidence of child abuse by such person which justifies a different classification of the named person than the classification shown on the registry, in which case the office shall order the appropriate classification to be shown by the division on the registry. The general public shall be excluded from such hearings and the files and records shall be confidential and not subject to public inspection.