In Georgia, prior convictions can play a significant—and sometimes devastating—role in current or future criminal prosecutions. Many people assume that once they’ve served their sentence, the slate is wiped clean. Unfortunately, that’s not always the case. Georgia law allows prosecutors to use a person’s criminal history in a variety of ways, from influencing bail decisions to enhancing sentences, and even as evidence in trial. Understanding how and when prior convictions can be used is essential for anyone navigating the criminal justice system.
One of the most common and immediate ways prior convictions can impact a new criminal case is during the pretrial phase. Judges may consider a defendant’s criminal history when deciding whether to grant bond, how high to set the bond amount, or whether to impose additional conditions of release. Under O.C.G.A. § 17-6-1, the court is instructed to consider the accused’s criminal record, including prior convictions, when evaluating flight risk and danger to the community. This means that a person with a lengthy criminal history may face higher bail or denial of bond altogether—even before guilt is established.

Past convictions also play a pivotal role in sentencing. Under Georgia’s recidivist statute, O.C.G.A. § 17-10-7, repeat offenders can face significantly harsher penalties than first-time offenders. In fact, for certain felony offenses, if a person has three or more prior felony convictions, the court is required to impose the maximum sentence available, and that sentence must be served without the possibility of parole. This law is often referred to as Georgia’s “three strikes” rule, and it can effectively turn a relatively minor charge into a life-altering punishment.
But the use of prior convictions doesn’t stop at sentencing. In some cases, the prosecution may attempt to introduce a defendant’s past criminal history at trial as evidence of guilt. Under Georgia’s evidence code, specifically O.C.G.A. § 24-4-404(b), the general rule is that evidence of other crimes, wrongs, or acts is not admissible to prove a person’s character in order to show action in conformity therewith. However, there are exceptions. The prosecution may offer such evidence to show motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. This is commonly referred to as “similar transaction” or “other acts” evidence.

Before introducing prior acts under 404(b), the State must provide notice to the defense and receive approval from the judge, who must determine whether the probative value outweighs any unfair prejudice to the defendant. The Georgia Supreme Court has emphasized that such evidence must be “sufficiently connected” to the case at hand to be admissible. That said, if allowed, it can heavily sway a jury’s opinion and lead to convictions based more on a defendant’s past than the facts of the current charge.

Additionally, past convictions may be used to impeach a defendant’s credibility if they choose to testify. Under O.C.G.A. § 24-6-609, certain prior convictions may be admitted for the purpose of attacking the credibility of a witness, including the defendant. Generally, felony convictions or crimes involving dishonesty or false statements are admissible for this purpose, provided the conviction is not too remote in time—usually within the past ten years. If a defendant takes the stand, their criminal record may be used to cast doubt on their truthfulness, which can be particularly damaging in cases that hinge on credibility.

Despite the serious consequences of having a criminal record, Georgia law does not always allow for prior convictions to be used indiscriminately. Judges are tasked with weighing the relevance and potential for unfair prejudice, especially when evidence of past misconduct threatens to overshadow the current charges. Defense attorneys can and should file motions to exclude such evidence when it risks compromising the fairness of the trial.

In summary, prior convictions can—and often do—resurface in future criminal proceedings in Georgia. From pretrial release decisions and sentencing enhancements to evidentiary use at trial, a person’s past can heavily influence the outcome of their present case. Understanding these laws and preparing for how prior convictions may be used is critical for mounting a strong legal defense. Anyone facing charges in Georgia should consult with an experienced criminal defense attorney, like those at Peach State Lawyers, to protect their rights and mitigate the impact of their criminal history.

For insight on when your criminal record can be restricted, commonly referred to as expunged, read our next post titled, “