I have a charge that was sealed after probation. When I apply for job it says exclude charges that have been expunged. What I know the new law in Georgia is called Restriction(seal) there is no more expungement in Georgia. So will it be fine to not mention the charges/disposition as they are sealed from public view in court/GCIC and Georgia old expungement is called sealing.
Old expungement is now record restriction. If you have a case that has been successfully record restricted due to a successful completion of a first offender or 16-13-2 sentence then, unless the question specifically asks about these types of probation, you do not have to disclose it. Understand that if your plea was under a first offender or 16-13-2 and was prior to 2013 the arrest may still be showing on your GCIC. Also, in some jurisdictions first offender and 16-13-2 cases still show in online systems for the clerk's office and the jail. If an employer hires a firm to do a public records search as opposed to a GCIC then your case may be discovered.
You can most likely exclude it from the application.
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.
Record restriction is when your arrest record, under circumstances, is restricted from 3rd party access. It is still visible to law enforcement agencies. You can apply with the court in which your case was dismissed to have the court records sealed at the clerk's office. If you pleaded guilty under the First Offender Act, you need an order of discharge from the Judge in which the case was disposed.
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