Legal Question in Criminal Law in Georgia

(1) Yes, employers can ask these questions about your conviction. Employers obviously have an interest in knowing who they are bringing into their business. If you are a threat to that business, they want to know BEFORE they hire you.

(2) The only person who can grant you a pardon is the Georgia Governor (assuming the crime and conviction were in Georgia). The Governor is under no obligation to grant. I'm not sure about the specific facts of your case, but I would guess that the likelihood of a pardon is slim-to-none, especially if you did not receive a jail sentence. Usually, pardons are granted to correct some type of judicial injustice (such as an extremely severe jail term for a minor crime), not "clear your record." Even if you are granted a pardon, you will still have to the check the box on a job application that asks "have you ever been arrest, charged, convicted, plead nolo contendre" etc. In the part of the application that asks what the outcome of the charges were, you can say "I was pardoned by the Governor of Georgia" and provide the documentation. I wouldn't hold your breath.

3.) My advice to you is to be open and honest with employers about the incident -- it was a long time ago, you've learned your lesson, you've had this following you for years, etc. Don't be defensive -- use it as a positive in your job interview.

Best of luck. ******The above does not create an attorney-client privilege and is intended for informational purposes only.******