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  1. #1
    Join Date
    Feb 2010
    Posts
    2

    Default Caught Shoplifting, Did 1 Year Probation, No Fingerprints - Is This on My Record

    My question involves criminal law for the state of: Georgia

    I was caught shoplifting in October 2008 at WalMart. Police was called and gave me court date. I hired a lawyer, so during the court day, since it was my first time and misdeminor, I was ordered to pay fines, take anti-shoplifting class, do community service hours and one year probabtion. I was never taken to jail, was never fingerprinted.

    I am now complete with everything that court ordered. I stopped by the court today and asked what do I need to do to get my records expaunged. I was told by the clerk that since I was not in jail and was not fingerprinted, this arrest is not anywhere on my criminal record, she said that I can treat it just like any traffic ticket, nothing more. But I am not 100% sure that this is true. I got a criminal record check a few months ago and it was clear. On my court papers that were sent to probation was written "Hold and Clear". I was told that this paper will be on a file at probation office untill I complete my probation period and then will be thrown away.

    How can I be 100% sure that I don't have this on my record? Is this true that if I was not taken to jail and fingerprinted, then this arrest is not on my record? Please help.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Caught Shoplifting, Did 1 Year Probation, No Fingerprints is This on My Record

    It sounds like you were placed in a diversion program.

    Typically, the outcome of these programs is that if you serve out the terms of your probation, including completing all classes, the charge is dismissed and you have no record.

    When you're done with your program, wait a few weeks for the system to process things, then contact the court to ask how to view your record. Sometimes, the Clerk can even check for you.

  3. #3
    Join Date
    Feb 2010
    Posts
    2

    Default Re: Caught Shoplifting, Did 1 Year Probation, No Fingerprints - Is This on My Record

    Thank you very much for your reply. Yes, that was a diversion program. I just was not sure whether I will have an arrest shown on my record if I was not ever fingerprinted and taken to jail. I will check with the court clerk.

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