How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92471
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I have completed my first offender sentence. I hired an attorney

Customer Question

I have completed my first offender sentence. I hired an attorney and she took me back before the judge and he granted early termination of my probation. but apparently as with all government employees someone dropped the ball. this was five months ago and I just applied for a job and I am probally not going to get it if the VP of human resources doesn't approve the over ride for me to get the job due to my charges and everything showing up on my record with everything pending..I have much the same question as I have went to college and I am working on my associates degree in business management and on to my bachelors degree in business management.. all of which require a clean background how am I susposed to get a job with all of this on my record,, my attorney is working on getting the ball moving to get it completely discharged..but what am I susposed to do to be able to get a job with the charges still there even with out the adjudication of guilt
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for education purposes only.

If your attorney is filing the motion in court to get the charges finally dismissed, I am not sure what your question for us is, because he is pursuing the proper steps required. Employers are supposed to only be allowed to consider convictions if they choose, not open cases or dismissals or findings of not guilty, but of course you and I know that with at will employment they never admit that is the reason for not hiring someone and it is virtually impossible to prove that is the reason.

However, I am not quite sure what your real question was for us to provide you the information on, can you specify?
Customer: replied 1 year ago.

I guess my question is I have been told that this will be the deciding factor on if I get the job...if the VP of human resources over rides the fact that I have charges or whatever it is called then I get the job but if not then I will not get the job based on the fact that I hve had charges and that I plead first offender....I have gave them the signed order from the judge saying that I was released from probation without adjudication of guilt....how can I get this stuff off my record so that I can get a job...

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Under GA's "first offender law," certain first offenses are not considered "convictions" and may not be used to disqualify a person in any application for employment.

O.C.G.A. § 42-8-63.1 provides that “[a] discharge under this article may be used to disqualify a person for employment if: (1) The offender was discharged under this article on or after July 1, 2004; and either (2) The employment is with a public school, private school, child welfare agency, or a person or entity that provides day care for minor children or after school care for minor children and the defendant was discharged under this article after prosecution for the offense of child molestation, sexual battery, enticing a child for indecent purposes, sexual exploitation of a child, pimping, pandering, or incest;
(3) The employment is with a nursing home, personal care home, or a person or entity that offers day care for elderly persons and the defendant was discharged under this article after prosecution for the offense of sexual battery, incest, pimping, pandering, or a violation of Code Section 30-5-8; or (4) The request for information is an inquiry about a person who has applied for employment with a facility as defined in Code Section 37-3-1 or 37-4- 2 that provides services to persons who are mentally ill as defined in Code Section 37-3-1 or mentally retarded as defined in Code Section 37-4-2, and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, or pandering.
(b) Any discharge under this article may be used to disqualify a person from acquiring or maintaining a peace officer certification as provided for in Chapter 8 of Article 35 and also may disqualify a person from employment in a certified position with a law enforcement unit where the discharge under this article pertained to a felony offense or a crime involving moral turpitude
.

Thus, if the employer refuses to hire you it is possible you could have a suit against the employer for using a first offender case against you.

Your attorney is working on getting the dismissal, but under GA's strict laws on restricting or expunging records, if you received this sentence as a plea deal they generally will not expunge or restrict your record, meaning it will always be there but show it was dismissed.



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.

Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92471
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 17 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


ok my charges were burglary, possession, and theft by receiving, I have these very nice felonies because under ga law if you have knowledge then you are guily regardless of circumstances even if your life was in jeopardy...it was a plea deal offered to me and I even provided information to help the state prosecute the person who actually committed the crimes. but basically what I am getting is I am screwed on getting rid of this off my record... and will have a hard time finding work...right. I see that I can have a case against them for not hiring me

Customer: replied 1 year ago.


ok so if my charges were burglary, possession, and theft by receiving. and I did receive it thru a plea bargain. but I also offered to help the state with the information to prosecute the person who actually committed the crimes. and the only reason I have the charges is because I knew it took place even though my life was in danger to get away from this idiot. I was held in a hotel with a knife in my ribs and my family stalked there is no way for me to get all this off my record

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Unfortunately, the reasons that these charges came about would have been something you had to go to trial to raise. Once you took the plea deal you have to be happy in GA with getting a dismissal and that as a first offender by law this is not to be held against you.
Customer: replied 1 year ago.


ok....thank you for your help.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you very much. Best wishes to you in your future career.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
32863 Satisfied Customers
JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law