In 2007 I had a marijuana possession misdemeanor charge against me that I plead guilty to. Since then I have given up drugs and been clean. I recently was admitted to a nursing program, but then failed the background check due to the misdemeanor. I would like to pursue a career in medical or criminal justice. Is there anything that could be done to clear my record so that the misdemeanor would no longer affect me?
Country relating to Question: United States
State (if USA): Georgia
Nothing. I googled information and found some information saying that if you pleaded guilty and were convicted that expungment would not be an answer.
Thank you for your question. I appreciate your patience while I researched and typed out your answer.
Unfortunately, the information you read was correct. Georgia's expungement law is rather tough, basically allowing removal of records in situations where a charge was dismissed, or a person's records were inaccurate.So, you wouldn't be able to remove the record, unfortunately.
However, you could apply for a pardon from the Pardon and Parole Board. You must wait 5 years from completion of your sentence (including any parole/probation) before applying, though there is no application fee, and you don't need a lawyer to do so. While rarely granted, if it is granted, it would go on your record and you could then state that the charge was pardoned.
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Can you give me a ballpark range time frame on about how long a pardon process would take? Also, I know this is not your area of expertise but do you have a feel of how badly the misdemeaner would impair a career in nursing or criminal justice?
According to the Georgia Board of Pardons, the process takes 6-9 months average to process, so it can take awhile.As for the charge, it's pretty minor as far as crimes go, and it was 5 years ago, so I can't imagine it having that much of an impact. I know lawyers practicing who have the same conviction, and they still got licensed. Maybe a Board of Nursing would take a drug charge more seriously, but it's not a serious drug at all, and again, it's been 5 years, so those things will be taken into consideration as well.
Experienced in multiple areas of the law.
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