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  1. #1
    Join Date
    Nov 2011
    Posts
    5

    Default Felony Burglary First Offender Act Showed Up on Background Report

    My question involves criminal records for the state of: Georgia

    The problem is this I plead out on a burglary charge under the first offender act. I received 5 years probation and a $1000.00 fine. I completed everything that was ordered by the Judge and I was discharged on June 5th 2006 under the First Offender Act.

    I was told by my lawyer and the Judge, that if I completed the First Offender Act Probation with out getting into trouble I would be discharged and completely exonerated of the charge. I agreed to the plead deal, which is now the cause of all my issues. First, I was charge with burglary and I now know that I should have not been charged with burglary. I went into a sporting good store late at night with 3 other people (2 girls and another guy) and we took some shoes and couple of other things that I can't even remember. The biggest issue was that we did not break any windows or doors to get into the building. I had the KEY to the store. My roommate at the time was the manager. I do regret everything that took place that night. The only excuse I have for it is that I was young and dumb.

    The statements made to me by my lawyer and the Judge have turned out not to be true. I just graduated college from with a B.S. in Political Science and a Minor in Leadership (Military Track). I was going to commission in the US Army as a 2nd LT this past Dec. 10th, but this First Offender Act stopped that from happening. I then decided to try and get on with the local Sheriff's Department and I was denied employment their as well. I decided to run a background check on myself three days ago with (www.certifiedbackground.com), and come to find out the report is saying that I'm a convicted Felon. I don't understand why this is happening. I was told that if I did my part that the state would do there part. This has not been the case.

    I'm now looking to go to Law School in Oct. I have to retake the LSAT in Feb., but now I'm finding out that this issue can possibly stop me from pursuing my law career. I thought I would have the opportunity to pursue that career or so I was told when I was in the court room in 1999.

    Is there anything that I can do? The background report was a simple online background company on the internet! I paid $99.00.

    Please Help ME!

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Felony Burglary First Offender Act Showed Up on Background Report

    You don't have to break a window to commit burglary. You used a tool - a stolen key - to gain entry.

    I recommend contacting an attorney to get the charge expunged. However, the charge will still be visible to certain parties... such as law enforcement.

  3. #3
    Join Date
    Nov 2011
    Posts
    5

    Default Re: Felony Burglary First Offender Act Showed Up on Background Report

    How I got the key truly does not matter at this point. It was 12 years ago. I want to know how, if, and what I can do to get this off my record. I really don't care if law enforcement sees the arrest.

  4. #4
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Felony Burglary First Offender Act Showed Up on Background Report

    Georgia's First Offender Act is kinda screwy. You are not, technically, granted an expungement when you complete FOA sentencing. Since your arrest and conviction are public information, a private background check company is free to continue reporting the status of your offense. The military and law enforcement still get to see it on GCIC/NCIC. I'm betting that the Georgia Bar will also ask about all felony convictions and/or charges, regardless of disposition. What you did was a crime of moral turpitude which many Bar Associations frown upon. Not saying it's impossible because I don't know for sure, just that you might want to check with the Bar or with someone at your Law School before throwing any more money at it.

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