GA First time Offinder Act

[Nemo_AK]

What is the name of your state? Alaska

Hello I was busted in 1999 in Cobb county ,Ga with 4 other people for selling Marijuana. I was 20. I was not the one making the deal but, because I knew about it I was charge as well. My lawyer got me off on 5 yr probation under First Offender Act and would it never be on my record, I could buy a gun and vote as well.

Now I live in Alaska.When I got a job at the City in anchorage they did a FBI back ground check on me and it came back with a blank page. I'm now trying to get a job with the Alaska State Troopers can I check NO for been convicted of a felony????

I did ask the judge in court if I could buy and use a gun once I got off of Probation and she yes.

Now my under standing of a felony you can't have a gun or vote. So if I can vote and I can have gun I should be able to check no right???

If you could tell me what I should said please let me Know and thanks for your time.What is the name of your state?

 

[Nemo_AK]

Help

I guess no one can give me some info about this or did I post this in the wrong Chat room?????????

 

[cbg]

I guess no one can give you any information about this. We can really only do general information; we can't get too specific. You might want to speak to a local attorney about it.

 

[CO19]

OP,

If you successfully completed the terms of your FOA, and it is documented in Cobb, GA, it is NOT a conviction.

You may want to contact Cobb Superior or State Court (whichever your case was filed) to verify that the FOA was completed and discharged.

 

[msiron]

You are looking at a preapp., not a formal application package which they will send you and I'm sure the actual Alaska State Police academy and Police Department applications it will ask 'have you EVER BEEN arrested' not 'just have you ever been convicted'. You have to tell the truth. When they do a intensive background they will find out no matter how you answer that question. dps.state.ak.us/ast/recruit/minimumqualifications.aspx

notes4.state.ak.us/wa/PostApps.nsf/c943e109bae604ef8925722c006dbed5/f982c4cad5b9404a892573750082c193?OpenDocument

Good luck. I hope you make it.

 

[CO19]

I respectfully disagree with msiron.... GA law is very clear regarding the FOA. If he successfully completed the terms of the FOA, it is considered "sealed" and do not believe he has to disclose this arrest on ANY application, govt or otherwise. That is why I suggested he verify his current FOA status directly with the Court. My .02


What is Georgia 's First Offender Act (FOA)?
Upon a verdict or plea of guilty or nolo contendere, but before an adjudication of guilt, the court may, in the case of a defendant who has not been previously convicted of a felony, without entering a judgment of guilt and with the consent of the defendant, defer further proceeding and place the defendant on probation as a first offender.

If the terms of the first offender sentence are successfully completed, and the probationer discharged, the arrest record is sealed. GCIC must receive official notification that the subject has successfully completed the FOA requirements. The record is not automatically sealed based on the elapse of the probation sentence.

Georgia law (O.C.G.A. § 42-8-65(b)) requires GCIC to change the first offender sentence to a conviction if, prior to successful discharge, the subject is arrested and convicted of another offense while still on first offender probation. Courts may also revoke a first offender sentence, indicate unsatisfactory completion of the first offender sentence or change to an adjudication of guilt.

 

[msiron]

Then when he is asked in writing 'have you ever been arrested' what will he do? Lie? They will ask about expungment, also. They do very through backgrounds, as does the Feds. I have filled out those apps., so I know. They actually go out and talk to past neighbors and call police departments where ever you have lived, looking for any records which did not make it to court.

Now if the question was only 'have you ever been convicted' the answer is NO, but it will be found out during the background and he will have to do some explaining.