Review and Expunction of Central Registries and Reporting Records - Georgia

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Right of the Reported Person to Review and Challenge Records

Citation: Ann. Code § 49-5-183

Upon receipt of an investigator's report of a substantiated case, the Division of Family and Children Services shall mail to the alleged child abuser a notice regarding the substantiated case via certified mail, return receipt requested. The notice shall further inform the alleged child abuser of his or her right to a hearing to appeal the determination and the procedures for obtaining the hearing. In order to exercise his or her right to a hearing, the alleged child abuser shall file a written request for a hearing with the division within 10 days after receipt of the notice. The written request shall contain the alleged child abuser's current residence address and, if he or she has a telephone, a telephone number at which he or she may be notified of the hearing.

If the division receives a timely written request for a hearing, it shall transmit that request to the Office of State Administrative Hearings within 10 days after the receipt. The office shall conduct a hearing that shall be for the purpose of an administrative determination regarding whether, based on a preponderance of evidence, there was child abuse committed by the alleged child abuser to justify the investigator's determination of a substantiated case.

At the conclusion of the hearing, upon a finding that there is not a preponderance of evidence to conclude that the alleged child abuser committed an act of child abuse, the administrative law judge shall order that the alleged child abuser's name be removed from the child abuse registry.

When Records Must Be Expunged

Citation: Ann. Code §§ 49-5-183; 49-5-184

With regard to a minor child alleged to have committed abuse, the division shall remove such individual's name from the registry if:

  • He or she has reached age 18.
  • More than 1 year has passed from the date of the act or omission that resulted in a substantiated case and there have been no subsequent acts or omissions resulting in a substantiated case.
  • He or she can prove by a preponderance of the evidence that he or she has been rehabilitated.

An individual whose name appears in the child abuse registry as having committed a substantiated case shall be entitled to a hearing for an administrative determination of whether or not expunction of such individual's name should be ordered. In order to exercise such right, the individual shall file a written request for a hearing with the division.

A hearing shall be conducted within 60 days following receipt of the request by the Office of State Administrative Hearings. Upon a finding that there is no credible evidence that the individual who requested the hearing is the individual who had a substantiated case, the office shall order the division to expunge that name from the registry.