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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16079
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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how can I get a 7y misdemeanor for probation violation for

Customer Question

how can I get a 7y misdemeanor for probation violation for less than 1oz of marijuana removed so I can get job? I served 2 months in jail for the probation, but it is still on my record and keeping me from getting a job
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hi Jacustomer,

I really don't have good news for you. Georgia will not expunge an adult conviction at all. So unless you got first offender treatment or this was a juvenile offense, it will have to remain on your record.. See link to a plain English version of Georgia's Expungement statutes.

That means to minimze the effects of a conviction you would have to apply for a pardon from the governor of Georgia. The GA state board of pardons and paroles screens applicants for the governor. You can read about pardons and how to apply on their website here. This is a longshot but is something you can do for yourself without a lawyer, so there's no reason not to try.

Another lonshot would be to hire a lawyer to petition the court to get the case back on the calendar and try to get it dismissed in the interest of justice. The judge has the power under Equity to do something like that even when the law doesn't provide for it, if it is necessary to prevent an injustice from occurring. Courts are sparing in their use of the equity power and many don't like to use it at all, but it is something you could explore with a local criminal lawyer who would be able to tell you how viable this would be with your particular judge. If you can get it dismissed, then Georgia will expunge it.

I am very sorry to be the bearer of bad news.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16079
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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