I am currently on probation under first offender. I have a job interview next week. Will I be able to get hired on probation?
6 attorney answers
Maybe. The decision to hire is entirely up to the employer.
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.
With all due respect to my out-of-state colleagues, if you are on First Offender probation in Georgia then you have not been convicted of a crime. If you successfully complete your probation you will receive a discharge order which will specify that you were never adjudicated guilty. That discharge order will also state that the arrest cannot be used against you to disqualify you for employment, either public or private. However, while you are on probation your criminal record will reflect that you have been arrested and have pled guilty under First Offender. The arrest record will not be restricted from public view until you receive your discharge. If a potential employer runs a criminal history, that is the information they will see, and whether they hire you will depend on their policy.
You incorrectly note in one of your responses that probation is not a conviction. You cannot be put on probation unless you have been convicted of a crime. Probation does not imply that you were innocent of the charges. An employer will be especially wary of someone on probation because there is always a possibility that a violation would send you to jail or prison.
That will depend on the interview and how you explain the identity theft.
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