Georgia House Bill HB433

Georgia 2025-2026 Regular Session

• Introduced: 2/12/25
• Report Pass: 3/4/25
• Engrossed: 3/6/25
• Refer: 3/10/25
• Report Pass: 3/20/25
• Enrolled: 4/7/25
• Vetoed: 5/14/25

Caption

Human Services, Department of; authorized to access restricted and sealed information to conduct employee oversight in certain circumstances; provide

Summary

HB 433 amends Georgia’s criminal history record information laws to allow the Department of Human Services (DHS) to access otherwise restricted or sealed information in limited circumstances. The bill authorizes DHS to use that information for regulatory oversight, to verify the eligibility of prospective or existing foster parents and adults in their homes, and to verify the eligibility of prospective and existing employees and contractors. It also updates the statutory definition of “restrict,” “restricted,” or “restriction” to expressly include access by DHS for these purposes. The bill revises Code Section 35-3-37, which governs access to criminal history record information, review, corrections, and restrictions on disclosure. Under the amendment, restricted information remains generally unavailable to private persons, businesses, and most governmental or licensing agencies, but DHS is added as a permitted recipient for the specific child welfare and oversight functions described in the bill. The measure is framed as a targeted exception rather than a broad expansion of public access. The bill appears to have broad legislative support. It passed the House unanimously, 177-0, and then passed the Senate by a strong margin, 43-7. No committee transcripts were provided, so there is no recorded floor or committee debate in the supplied materials, but the vote totals suggest general agreement with the bill’s purpose. The main point of policy significance is the balance between privacy protections for sealed or restricted criminal records and the state’s interest in protecting children and ensuring appropriate oversight of human services programs. Support is implied by the strong votes and the bill’s narrow focus on DHS functions. Any likely concern would center on confidentiality and whether expanding access to sealed records could be viewed as weakening privacy protections, but the bill limits access to specific DHS duties and does not open the records to the general public.

Impact

HB 433 changes Georgia law governing access to restricted and sealed criminal history record information by creating a new statutory exception for the Department of Human Services. It affects Code Section 35-3-37 and related definitions under Title 35, allowing DHS to review such records for foster parent eligibility, household adult eligibility, employee and contractor screening, and regulatory oversight under child welfare and human services laws. The practical effect is to expand DHS’s authority to conduct background-related checks while preserving the general confidentiality of restricted records for other uses.

Sentiment

The overall sentiment around HB 433 appears strongly favorable. The bill passed the House 177-0 and the Senate 43-7, indicating broad bipartisan support and little visible opposition in the voting record. Because no committee discussion transcripts were provided, there is no direct record of debate, but the vote margins suggest lawmakers generally viewed the bill as a reasonable, targeted tool for child safety and agency oversight.

Contention

The likely area of contention is the tension between privacy and oversight. Supporters would favor DHS access to restricted or sealed records to better screen foster parents, employees, contractors, and adults in foster homes, and to improve regulatory oversight. Potential critics may worry that allowing access to sealed information could erode confidentiality protections or broaden government access to sensitive criminal history data. The bill addresses this by limiting access to DHS and to specific statutory purposes rather than creating general disclosure authority.