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Do I have a criminal record> Can I get into Canada > Am I eligible for record concealment or deferred adjudication in Georgia?

Lagrange, GA |

Basically, I was arrested for a DUI while passing through GA. I tried to fight it by going through to pre-trial and ended settling on a plea to reckless driving. I was able to plead Nolo to the charge of reckless driving with no penalty except fine and none reporting probation after an Ach. Eval. However, my counsel said nothing of the possibility of the First Offender rule (which I would have fell under at the time and was wondering if this would have been the better outcome) for the record concealment after punishment. Can I still try to get this? I tried to pull my criminal record and it only showed the arrest and said not of the plea. Before this incident I had a number of opportunities that are now in jeopardy if not lost due to this. I'd hate for this to cost me the rest of my life.

Attorney Answers 4

Posted

You probably did not pull your official criminal history if you did not see a conviction. It sounds like you used some third party database. Obviously their data is incorrect. There is nothing you or your lawyer can do to predict how third parties are going to keep or update data.

It sounds like your lawyer did a good job. You were convicted of a traffic violation not a DUI.

Canada is difficult for entry with a DUI. A traffic violation should not be a problem.

DUI is not eligible for first offender act. Prosecutors and Judges will often object to first offender treatment on a reckless reduction. Your lawyer may have had that conversation prior to speaking with you.

Its pretty rare that a traffic ticket would ruin much opportunity in one's life. Its a really minor thing. Are you a pilot, boat captain or train conductor?

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Asker

Posted

Thank you for your answer. No I am not of any of the professions you have mentioned. Also, I did pull the record from the police station in the county I was arrested. I did this to just see if I could pay for the expungement/ concealment process and hope for the best, but that's what they said and showed me "saying that since no information has be entered on the arrest as far as conviction, the concealment process is useless. Just wondering if the "Nolo" plea possibly had something to do with it not showing. I can't get the prosecutors to see me or talk citing they are busy, which is both understandable and unfortunate.

Benjamin Von Schuch

Benjamin Von Schuch

Posted

If its not on your record than the clerk did not enter it into the system which is only a bonus for you. It mayl never show a conviction! Nolo had absolutely nothing to do with how it is entered into the system. Do not talk to the prosecutor as they will only make things worse for you. They do not want to help you. They think you got away with DUI and should be in jail. Prosecutors keep their jobs buy getting DUI convictions and putting people in jail.

Posted

What's done is done. sorry.

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Posted

It sounds as if you've done everything that you could do to get this behind you. As for entry into Canada, it not entirely clear. You may consider consulting with an attorney who focuses on this issue. They tend to be based in states that border Canada. Use avvo to find a few and give them a call. Best of luck.

Jasen Nielsen

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Posted

You have a criminal record in Georgia. Most companies will not do a national background check because they are very expensive, you have to be fingerprinted, and only the FBI can do them. That being said, potential employers would have to know to look in Georgia for any arrests. Since you don't live here this probably won't happen. You cannot do a First Offender Plea, or any type of deferred adjudication, on a DUI in Georgia. That is expressly prohibited by law. It can be tricky getting into Canada even with a reduced charge of Reckless Driving. However, I have often written letters for my clients to carry with them when they travel to Canada explaining that the charge was reduced, and that they were not convicted of the DUI. They have never had a problem getting in with one of these letters.

James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.

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