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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27705
Experience:  Active member of the NYS bar since 1989
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In 2005 I was arrested for deposit account fraud for a forty

Customer Question

In 2005 I was arrested for deposit account fraud for a forty dollar check. I live in and was arrested in Georgia. I am looking to apply for a professional state license, will this charge be considered a moral turpitude offense? I just had a employment background ran at the sherriff department and they said my record was clean for regular employment purpose e.
Submitted: 2 months ago.
Category: Legal
Expert:  Zoey, JD replied 2 months ago.

Hi,

I'm Zoey.

I've reviewed 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 2 months ago.

Unfortunately, yes. Any kind of fraud charge is a crime of moral turpitude in your state.

Expert:  Zoey, JD replied 2 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Customer: replied 2 months ago.
Is this charge one that can be restricted in Georgia? My goal is to have the information totally restricted. A Code E background check showed no records when my county Sherriff ran my background yesterday. The officer said that there was a expired time restriction showing in GCIC,Any pointers on asking for leniency on my state licensing application? I would hate this to cause my application to be denied. I do have to fully disclose this correct?
Expert:  Zoey, JD replied 2 months ago.

Sorry, but for some unfathomable reason I did not get a message from the site that you asked a follow up. I apologize for the delay.

If the prosecutor agrees, you could get access to the record of this case restricted for non-criminal matters. You can read more about this process and see how to get it done here.

Meanwhile, if it is a conviction, you would be expected to answer questions on an application truthfully. That would mean disclosing it on the application. If you do this and ask for leniency, you may not get your license. If you fail to disclose it, however, and they find your conviction, you won't get your license either.

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.

Customer: replied 2 months ago.
Hi Zoey. I agree and will fully disclose the arrest/conviction. I am also including a letter explaining the situation with my application. With it being 12 years ago I can only hope it will not have a nagitive impact on the professional license.
I went to your link and now I am very interested in the second PDF file you sent, Georgia law regarding time expired restrictions. When I was waiting on my background the sherriff mentioned something about this. If I am reading this correctly (I am not a lawyer...lol) if someone is charged with a misdemeanor and never prosecuted the arrest record is automaticly restricted in GCIC.
Customer: replied 2 months ago.
Sorry did not realize I sent that, it's not completed
O.C.G.A. § 35-3-37 (h)(1)(A)(ii) directs the Georgia Crime Information Center (GCIC) to restrict access to cr(h) Access to an individual's criminal history record information, including any fingerprints or photographs of the individual taken in conjunction with the arrest, shall be restricted by the center for the following types (please see the link you sent)So the arrest record is automaticly restricted in GCIC after the statue time period has ended?
Expert:  Zoey, JD replied 2 months ago.

Was this just an arrest? I assumed you were convicted of the crime.

Yes, it's restricted when the time has expired. That's why it didn't show up. If they ask about arrests, however, you still should disclose this to a licensing authority. As the PDF warns you, they may have other ways of learning about it and they can deal with an old non processed arrest much more easily than a present attempt to cover it up.

Customer: replied 2 months ago.
This is something else, not the deposit accound fraud. An arrest but there was never a court date, so no conviction was ever made.
Expert:  Zoey, JD replied 2 months ago.

In that case, my last answer with regard to the restriction stands.

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.