Legal Question in Criminal Law in Georgia
I recently asked a question about how does the first offender act actually works. You said that the conviction will never come off my record right? So Im not understanding the concept about the first offender act. I completed my probation without even merely violated a trafffic law. If I knew that It wouldnt even mattered if I pleaded first offender or not, I woud'nt even took the chance of even asking for it. My next question is how did the first offender act even help out my future life? My kids are depending on me to get this new job and Im scared to apply for it because I still have a felony conviction on my record. How much would you charge me to make my background check easier for someone not to ot look at me as a risk for their company? Sorry about two questions I couldn't help myself. Thank you.
2 Answers from Attorneys
The First Offender Act does NOT mean that a conviction or arrest �comes off your record.�
If you completes a sentence successfully the law requires the Clerk of Court to put a note on your file that states: �Discharge filed completely exonerates the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties, except for registration requirements under the state sexual offender registry and except with regard to employment providing care for minor children or elderly persons; and the defendant shall not be considered to have a criminal conviction. O.C.G.A. 42-8-62.�
Your conviction will not show on certain criminal checks used by most employers. (Some employers may see it by accessing things they are not supposed to see). Note that Anyone in the military, certain type employers (like day care) or law enforcement will always see your complete criminal history.
First offender means you have no felony conviction, but the arrest and non-conviction will remain on your record. I don't understand the remainder of what you are asking.
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