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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27719
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am under the first offenders act and going back to

Customer Question

Hello! I am under the first offenders act and going back to school...
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: I want to become a registered nurse and I live in Georgia right now
JA: Have you talked to a lawyer yet?
Customer: Eventually I would like to practice in New York.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No I haven't spoken with anyone
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 months ago.

Hi,

I'm Zoey.

I'm reviewing your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Expert:  Zoey_ JD replied 3 months ago.

What is your question with regard to this?

Customer: replied 3 months ago.
I wanted to know...when I was 20 I ended up getting convicted under first offenders for a felony theft charge because of the decision of people I chose to hang out with, I am now trying to become a registered nurse and get licensed in Georgia and New York...i basically wanted to know if I could actually make this happen or am I wasting my time
Expert:  Zoey_ JD replied 3 months ago.

You should be able to make this happen. A First Offender jurisdiction is not considered a conviction in your state and it should be sealed from your record. You may have to disclose it as a dismissed and sealed matter when you apply for a nursing license, since government licensing agencies in highly restrictive fields can generally find it anyway. However, since it's a non-conviction, it shouldn't be a permanent impediment in either Georgia or New York

New York also has something called a Certificate of Relief from Civil Disabilities for which New York residents with out of state convictions can apply. With one, no NYS employer or licensing agency can discriminate against someone and deny him a job solely on the basis of his criminal conviction. You can see more about that here.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 3, 4, or (hopefully) 5 stars on the rating scale, as that is the only way that JustAnswer gives us Experts credit for our work. You would still be able to post further follow ups on this question thread about this for no additional cost, even after I've been rated.

Good luck!

Customer: replied 3 months ago.
My last question, so with being a first offenders in Georgia as long as I disclose and get documentation I should be fine with applying for my nursing license
Expert:  Zoey_ JD replied 3 months ago.

Yes. You should be.

Customer: replied 3 months ago.
Ok and in order to disclose it as a dismissed and sealed matter, would I go to the courts or hire a lawyer to handle that matter
Expert:  Zoey_ JD replied 3 months ago.

You should be able to get some kind of official certificate of disposition from the court to verify the dismissal. The clerk of the court should be able to direct you to the appropriate person.