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past arrest and recovering from it

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fleurdelis1959

Junior Member
What is the name of your state (only U.S. law)? Maryland


I was arrested for violating a restraining order on my exhusband in 2004. The arrest was not due to violence, just being in the wrong place at the wrong time. We both had orders out on the other. I spent two nights in jail, and 1,000 fine. I was told this could come off my record in five years. This is the fifth year. The arrest was in Forsyth County Georgia. I do not know the process. Have never been in trouble and I have held a reputable job before during and after the incident. I have recently moved to maryland and find it difficult when the backround check comes up getting employment.. I think this is unfair. Any advice would be a help!
Thanks
 


CdwJava

Senior Member
In what way were you told that it comes "off your record" in five years? Unless Maryland is an odd place, a criminal conviction remains on your record for life unless removed by court order.

You may wish to consult an attorney to see what your options are unless you get lucky and a poster familiar with MD law in this area wanders along to post on the subject. There might be a special place under MD law for these violations, but I would be surprised if there were.

- Carl
 
The arrest was in Forsyth County Georgia.
So you were charged and convicted in Georgia? What was the actual charge?

Usually in Georgia, you will be charged with Aggravated Stalking for violating a protective order. That's a 1-10 year felony which is not going off your record unless you pleaded guilty as a First Offender and sucessfully completed probation. It's also not automatic. Unfortunately, even if you pleaded to a lesser charge (misdemeanor), it's still not going away without First Offender treatment.

Was this a felony or misdemeanor and did you get any probation along with the jail sentence?
 

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