Can an employer refuse to hire me because I was sentenced under the First Time Offenders Act? 0000003638 00000 n § 42-8-60. Gov. If you successfully completed your First Offender sentence and the arrest and charges still appear on your official report, follow these steps: NOTE: If you are convicted of a crime while you are under sentence for a First Offender case, GCIC is required by law to enter a revocation on your criminal history. |. [3] Keep in mind lawyers, law enforcement, judges, police, and certain third party vendors and employers will be able to see the charge. Voting rights were not restored for anyone convicted of murder or a felony sex act. Fax: (404) 581-0998 I'm ready to help guide you through the criminal justice process and coach you through this difficult time. [1] For example, if you were sentenced to serve three years on probation under the First Offender Act, and you successfully completed two years and 364 days of probation but committed a new crime on the last day of your probation, the judge could re-sentence you to three years probation. Terms of Use  |  Privacy Policy  |  Contact Us. O.C.G.A 16-13-2 is the "conditional discharge" statute. |. |  Georgia Justice Project If you violate the terms of your sentence, a warrant will issue for your arrest and you will soon be back in court. We have extensive experience in this process and have successfully handled cases of this nature. 0000012396 00000 n If an Order of Discharge is in the file, ask the clerk to enter it on your official criminal history report kept by GCIC. 0000008326 00000 n The Georgia Crime Information Center and the Department of Driver Services shall modify their records accordingly.” Once granted, this procedure allows for the prior conviction to be retroactively discharged without an adjudication of guilt and sealed from a person’s criminal history for most employment purposes.[3]. Violation of the probation required under the First Offender Act can result in a conviction and possible service of the crimes’ supreme penalties. 0000007317 00000 n You have never been convicted of a felony (in any state); You have never been sentenced as a First Offender; Your charge is not Driving under the Influence (DUI); Your charge is not a serious crime committed against a law enforcement officer engaged in his duties; Your charge is not a serious violent felony, Your charge is not a serious sexual offense, Your charge is not related to child pornography, Your charge is not related to electronic sexual exploitation of a minor, computer pornography. Yes. 0000005100 00000 n We serve the following localities: Fulton County including Alpharetta, Atlanta, College Park, East Point, Hapeville, Roswell, Sandy Springs, and Union City; Cobb County including Acworth, Kennesaw, Marietta, and Smyrna; DeKalb County including Brookhaven, Decatur, Dunwoody, and Stone Mountain; Gwinnett County including Duluth, Lawrenceville, Norcross, and Snellville; and Clayton County including Forest Park, Jonesboro, Lake City, Morrow, and Riverdale. The second step in the process is to file a petition in the court where the person was convicted. Be sure to include your date of birth on the request to GCIC so that they can identify the appropriate record. This is called an adjudication of guilt. During your sentence, your official criminal history report will say “First Offender Act” as the result of the case. O.C.G.A. If you successfully complete your sentence without reoffending, or otherwise violating any term of probation you may be on, it will never become a conviction and may be eligible for expungement from your record. Sign up if you would like to receive occasional treats from us. © 2020. Job Search Tips If You Have a Criminal Record, Reducing the Risk of a Criminal Record: The Employer’s Perspective, Purchase a Copy of “A Guide to Understanding and Correcting Criminal Records in Georgia”, How to Seal My Discharged First Offender Case on My GCIC Criminal History Record. 0000013981 00000 n Although the first-time offender is “sentenced” to probation or confinement, if the person successfully completes their sentence (along with any accompanying terms, fines, and/or programs) then the case is discharged by the court without a conviction and disappears from their criminal history for most employment purposes.

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