My disposition reads Guilty/Convicted/Adjudicated...Whats my next step to getting this sealed? I don't have any more charges. Can my case be changed to First Offenders?
The next step, if it ca be called that, would be to have the record "Expunged". I cannot give you much encouragement in that direction as few, VERY few lawyers can describe a sufficiently long history of successes with such procedures when it involves a DUI conviction. It would certainly be well worth the effort if it could be done and I know of a few most excellent attorneys who can adorn a wall with a copy or two of orders expunging DUI cases, but even they would lay no claim to a record of successes with DUI cases. Many may offer to attempt it and in a certain few jurisdictions, under certain rare circumstances some may hit the jackpot, but the odds are curiously similar.
In Georgia, no DUI can ever be sentenced as a First Offender. Many felony charges can be disposed of with a sentence under the First Offender Act, but DUIs are specifically excluded. I agree with Mr. Young that an expungement is also not feasible. You may want to contact the Georgia Bureau of Investigation to ask if there is a remedy that meets your needs. If you have potential employers digging this information up and asking about it, contact Choice Point or other common private background check companies and ask them to exclude this case since it's so old.
You cannot use a First Offender plea for a DUI. It is prohibited by law. In order to expunge your record you cannot have been convicted, plead guilty, or no contest to the charge. Very few cases in Georgia qualify for expungements. Even though your case is old that does not make it qualify for removal from your criminal history.
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