In the stage of GA can you get a record expunged when its under First Offenders?

Asked about 3 years ago - Dawsonville, GA

What is the purpose of first offenders if you will still have a record?

Attorney answers (2)

  1. Jeffery L. Dickerson

    Contributor Level 7

    Answered . If the terms of your first offender sentence have been successfully completed, and you are discharged, those charges should be sealed on the GCIC database when the discharge is applied to the GCIC criminal history; however, such information may be available through other sources, including court docket books, criminal justice agency websites, or through “third party” vendors. GCIC must receive official notification that you have successfully completed the First Offender requirements. The record is not automatically sealed based on the passage of the probation sentence.

    O.C.G.A. § 35-3-37(d) (1) allows for the expungement of arrest charges by a local law enforcement agency when certain conditions are met. If approved by appropriate prosecutor, the arrest cycle is sealed on the Georgia criminal history report by GCIC. Access to that arrest information is restricted to criminal justice agencies only.
    Dispositions of Guilty, Not Guilty, Nolo Contedre, and First Offender are not eligible for expungement under O.C.G.A. § 35-3-37.

  2. Jennifer H. Keaton

    Contributor Level 12

    Answered . If you satisfy all of the terms of your order as a First Offender, you also can answer truthfully on employment applications that you have never been convicted of a crime.

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