What exactly will happen when I get off probation?

Asked almost 4 years ago - Cumming, GA

I was charged with felon shoplifting. I was with a old friend who was stealing. I took a plea bargain under the first offenders act. I am reading so many different things about it and dont know what to believe. I am sentenced 4 years. probabtion told me 2 years. After 4 years will my record be clean or what will be record say and how can I get it earsed or sealed. I am trying to go into the healthcare field and have been going to school for it prior to my charges. Will I still have shoplifting on my file?

Attorney answers (3)

  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.

  2. Randy William Ferguson

    Contributor Level 19

    Answered . Never be clean unless a juvenile or it is expunged.

  3. Arthur Spiegel

    Contributor Level 10

    Answered . Your statement of your facts is not clear. If you were not convicted or adjudicated guilty in your case and you have been placed on probation, you may be eligible to have your criminal history record for this case sealed or expunged. If your record for this case is sealed it may still be subject to review by certain licensing agencies.

    If you were not formally convicted of the offense, due to first offender treatment, then you would have to follow your state's procedure for sealing or expunging your record. In Florida, your sentence must be completed. After that, you are required to obtain a certificate from the Clerk of the Court in the County where your case was addressed by the court, which will certify that the disposition in the case is one that could be sealed or expunged. Next, your clerk's certificate is forwarded to the office of the prosecuting attorney who reviews whether the case is eligible to be sealed or expunged. Next, if you receive that clearance, your forms are forwarded to the Florida Department of Law Enforcement (FDLE) with a certified copy of your fingerprints and an investigation fee. The FDLE then reviews the particular record but also searches throughout the State and also the nation to see if you have any offenses in any other jurisdiction that would make you ineligible for the sealing or expunction. If, after the FDLE reviews your records and it issues a certificate of eligibility, you can file a petition with the court to seal or expunge the record. If you get the FDLE's blessing, the court's seal or expunge records easily.

    Now, is that the process in your state? I do not know. You would have to consult with a lawyer who handles criminal defense cases to find out exactly what must be done.

    Next, depending on the law in Georgia, it may not (at this stage) be worth it to go through the effort, if the health care licensing board is going to discover your history in any event.

    Another consideration may be, if Georgia allows the licensing board to see this type of crime in any event, to wait until after you get your license and then seal or expunge the record, so that potential employers do not see the history. All they will know is that you went through the necessary schooling and were approved by the licensing board.

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