First Offenders Act -if probation is not completed do you have to disclose felony arrest and/or disposition on job applications?

Asked 7 months ago - Panama City, FL

In Georgia, OCGA 42-8-62 states "Upon fulfillment of the terms of probation..." During probation does the offender have to disclose to potential employers that he was arrested and disposed of a felony charge since he has not fulfilled the terms of probation yet? The felony charge in this case is "Distribution of a Controlled Substance - Codine" and the job applied for is veterinarian. The employer question is: "15. Q: Have you (since the age of 18) ever been convicted of or plead guilty or no contest to a felony?"

Attorney answers (1)

  1. Eric J Trabin

    Contributor Level 19

    Answered . The question is pretty straightforward. Although this is Florida, a check of the statute you cited relates to whether adjudication of an offense is withheld. The question you are being asked is asking not just whether you have ever been convicted (adjudication), but whether you ever plead guilty or no contest to a felony. If you plead guilty or no contest then the answer is yes, regardless of whether or not adjudication was withheld.

    This is not to be considered legal advice nor does an attorney-client relationship exist.

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