I was charged theft by deception (misdemeanor) , I never got a paper telling me about court so I guess the judge decided for me & found me guilty. I had to serve 12 months jail but got a special condition and have to pay a fine which is 500$. After I pay the fine , can I get the misdemeanor off my record to help my future job search? I found out from a background check from a job.
A judge can not find you guilty unless you have a trial. In order to fine you and sentence you , you had to be in court. Whether it can come off your record would depend on certain circumstances. You need to sit down with an attorney moor a complete review of the matter.
Its not quite clear what happened with your case based on the information that you provided. However, you might qualify for some type of program but more information about your case is needed to make a determination.
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A judge cannot simply find you guilty because you don't go to court. If you plead guilty you cannot expunge the charge. You need to participate in a diversion program, or use some other special plea, to remove the charge from your record.
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.
But for a few limited exceptions, in Georgia, if you plead guilty/nolo to a charge, or are convicted of a charge, it will not be restricted (used to be known as expunged) from your record.
However, a Judge cannot convict you just because you did not show up for court. There is something going on in your case. You should speak with an attorney immediately to ensure there are no warrants for your arrest (which is typically what happens when you do not go to court). And that attorney can look at everything and let you know if there is a way to keep this charge off of your record through a diversion program or something along those lines.
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