When I was 17 (now 19), I was arrested and pleaded Nolo Contendere of a small misdemeanor crime. This was my first time getting in trouble and I was granted, "First Offender". To my understanding, when I am done the probation I will not be convicted and my record will be seal. Not automatically but it will be sealed in a timely matter. I completed my year of probation with no violations. It started August 30, 2010 and ended August 30, 2011. It is now April of 2012, almost a year later and this is still on my record. I lost my job because of this when they did a background check.
The plea bargain when sentenced was to have the charges dismissed under the first offender after completion of probation. I paid all my probation fees and completed all community services. I got a completion paper from the courts.
I want to sue the city for negligence, emotional distress, and lost wages. Do you think I have a chance to win? I'm getting a lawyer but still want some insight.
You will not be able to sue the city under the circumstances you have mentioned. You can hire a lawyer to make sure that you are discharged as a first offender and therefore nothing appears on a criminal history that is run by a potential employer.
I don't think a suit against the city would be successful even though you might have been wronged. You did say your getting a lawyer. See what s/he has to say. There may be some law or rule you can use to your advantage. The attorney would be in the best position to advise and guide you after reviewing all of the facts and circumstances. Good luck.
It seems very unlikely that you will be able to succeed in a suit against the city. There are various levels of immunity that apply to municipal governments, the courts and law enforcement agencies in Georgia and these factors, among others, will impede your efforts.
Before suing a city, you must provide the city with an ante litem notice. The following is a link to an article that discusses this requirement:
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