A defendant is a career offender in a federal court criminal case if (1) the defendant was at least eighteen years old at the time the defendant committed the instant offense of conviction; (2) the instant offense of conviction is a felony that is either a crime of violence or a controlled substance offense; and (3) the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense.
I assume this conspiracy charge resulted in a conviction and is not just an arrest. Generally, most states will not provide for an expungement procedure for a conviction. In Georgia, expungement of a conviction cannot happen. You need to consult an attorney in Alabama to determine if the conspiracy conviction can be expunged.
Your question demonstrates how relief can vary depending upon the jurisdiction where your case is prosecuted. In Georgia, a first time shoplifting offender would stand a good chance of being placed in a pretrial diversion program with a condition of having his arrest expunged upon successful completion of the program. Ask your lawyer in New York if such can be done for you.
The conditions of your son’s term of probation or parole (you do not specify which supervision he is on) probably will require him to agree to a waiver of his Fourth Amendment rights and the State of Indiana constitutional rights against warrantless searches, as well as provide for him to consent to a search of your home without law enforcement officials having probable cause for the search.
If you permit your son to reside in your home with such a wavier by him, it will be argued by the...