Legal Question in Criminal Law in Georgia
I am 20 years old. Going to school and working. I was charged a year ago for felony shoplifting. (even though I wasn't the one shoplifting. I took a plea under the first offenders act in GA. I was told after completion of probation and my fines are payed I can get it off my record. Now I am being told that it will never come off my record because in GA under the act you can not file for expungement. I am very upset and confused. Will this go off my record when Im off probation?
2 Answers from Attorneys
Pursuant to O.C.G.A. � 42-8-62, once you fulfill the terms of probation, you should receive a complete discharge. The discharge will completely exonerate you of any criminal offenses presented against you and will ensure that the charges will not affect any of your rights or liberties in the future. Simply put, you will not be considered to have a criminal offense.
If you have further difficulty...contact a lawyer to assist you.
"I was told after completion"...who told you? If your attorney told you, then you might have some recourse (ineffective assistance of counsel). If the prosecutor told you, then you may have no recourse.
Your use of first offender will make sure that you have no conviction for the shoplifting. Just so you know: Now that you have pled under the first offender act, no one cares about what you did or did not do, that day has passed. There will be no expungement when you come off of first offender. Think about it! IF you could plead first offender and then get your record expunge you could get first offender two of three more times during your lifetime. It will be on your record.
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