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CAN I GET THIS CHARGE TAKING OFF MY RECORD AFTER I HAVE COMPLETED ALL OF MY COMMUNITY SERVICE...

Stockbridge, GA |

I RECENTLY HAD A MARIJUANA UNDER AN OUNCE DROPPED TO A DISORDERLY CONDUCT, IDK IF I COULD GET IT TAKING OFF MY RECORD, WHAT DO I NEED TO DO TO GET IT TAKING OFF... I HAD AN INTERVIEW AND THEY SAID THEY SAW THIS ON MY RECORD EVEN THO MY LAWYER TOLD ME IT WAS A "LOCAL" CHARGE, AND THAT NOBODY WOULD BE ABLE TO SEE IT ON MY RECORD IF IT WASNT IN THAT CITY, SHE SAID IT WAS A CITY ORDINANCE... WHAT SHOULD I DO, I REALLY DO THINK I CAN GET A DECENT JOB WITH THIS ON MY RECORD...

I MENT I REALLY DONT THINK

Attorney Answers 3

Posted

You need to talk with your lawyer. Fact is, if you were arrested, a record will always exist: sounds like the company you interviewed with pulled your record of arrest. Typically you can only get a charge expunged if its dismissed or you complete some type of pretrial diversion. Entering a plea, even to a municipal ordinance, keeps Lu from getting an expungement. Bottom line: your lawyer has more work to do.

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Matthew Wayne Kilgo

Matthew Wayne Kilgo

Posted

"You", not "Lu". Someone should arrest the guy who came up with autocorrect.

Posted

There are possibly some changes being made to Georgia's expungement statute although even those changes may not be applicable to your situation. Your attorney, technically, gave you incorrect advice and, in theory, you might be able to use that to fix things. However, the fact of your conviction for disorderly conduct is something that is not readily apparent on your record. HOWEVER, folks with just a marijuana ARREST get jobs every day, although this might disqualify you for some jobs and/or make it more difficult to find a job. Good luck!

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Posted

Having a state marijuana charge reduced to a county ordinance charge keeps the conviction off of your record. That is a big advantage as the conviction should not be reported on your criminal history. In addition, it does not get reported to the Department of Driver Serivcies, so you don't have to worry about a license suspension.
You would have to apply for an "Expungement" of your arrest to get the Georgia Crime Information Center to remove the arrest.

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6 comments

Matthew Wayne Kilgo

Matthew Wayne Kilgo

Posted

With all due respect, that isn't the case, particularly since the questioner noted prospective employers have seen the charge on his record. If he was arrested and fingerprinted, there will ALWAYS be a record unless expunged (even with an expungement, law enforcement will always see the event), and expungement isn't possible for a charge that's been pled to, whether misdemeanor or city ordinance. It's even possible that GCIC has noted the event as "pled to lesser offense" in the disposition, which is what the potential employer saw. A plea to city ordinance really will only work to clear the record if he was cited and released without arrest: otherwise, the plea and expungement can't both happen. Better to go back to the lawyer and have him/her withdraw the plea for PTI, if possible. I was a prosecutor for quite a few years, and I don't know a single one that ever agreed to expunge a charge after a plea.

Matthew Wayne Kilgo

Matthew Wayne Kilgo

Posted

With all due respect, that isn't the case, particularly since the questioner noted prospective employers have seen the charge on his record. If he was arrested and fingerprinted, there will ALWAYS be a record unless expunged (even with an expungement, law enforcement will always see the event), and expungement isn't possible for a charge that's been pled to, whether misdemeanor or city ordinance. It's even possible that GCIC has noted the event as "pled to lesser offense" in the disposition, which is what the potential employer saw. A plea to city ordinance really will only work to clear the record if he was cited and released without arrest: otherwise, the plea and expungement can't both happen. Better to go back to the lawyer and have him/her withdraw the plea for PTI, if possible. I was a prosecutor for quite a few years, and I don't know a single one that ever agreed to expunge a charge after a plea.

Matthew Wayne Kilgo

Matthew Wayne Kilgo

Posted

With all due respect, that isn't the case, particularly since the questioner noted prospective employers have seen the charge on his record. If he was arrested and fingerprinted, there will ALWAYS be a record unless expunged (even with an expungement, law enforcement will always see the event), and expungement isn't possible for a charge that's been pled to, whether misdemeanor or city ordinance. It's even possible that GCIC has noted the event as "pled to lesser offense" in the disposition, which is what the potential employer saw. A plea to city ordinance really will only work to clear the record if he was cited and released without arrest: otherwise, the plea and expungement can't both happen. Better to go back to the lawyer and have him/her withdraw the plea for PTI, if possible. I was a prosecutor for quite a few years, and I don't know a single one that ever agreed to expunge a charge after a plea.

Matthew Wayne Kilgo

Matthew Wayne Kilgo

Posted

Sorry, not sure why this posted three times.

A James Rockefeller

A James Rockefeller

Posted

I agree with Mr. Kligo. I was about to say the same thing. Also, if you plead guilty to a city ordinance violation that is still a "conviction" when you are filling out employment forms or school applications. I STRONGLY agree that you should try to fix this situation and either ask your attorney to do so or hire a new attorney.

Dale T. Preiser

Dale T. Preiser

Posted

With all due respect, the arrest is probably showing up on the GCIC, not the conviction. Stockbridge Municipal Court does not report ordinance convictions. Therefore, you (or your attorney) may be able to work with the solicitor to resolve the issue. I have done it in the past!

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