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First offender conviction permanent??

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DwB44

Junior Member
What is the name of your state (only U.S. law)? GA.
Back in 1992 I was convicted of Burglary under a plea deal that the other 2 charges of Criminal Tresspass be dropped. However all still show up on a background check as "convictions". I did violate probation which should have nullified my first offender status,but my lawyer at the time arranged with the judge to only allow the arrest record to remain,and even seemed really surprised that the judge had agreed to it. But it appears he must not have agreed afterall? Also,when I got the background check done,the officer said it was ONLY for the state of Georgia. Does this mean it only shows up on checks done in this state?? I was under impression that those new online criminal checks are very thorough regardless of where the subject is living now or where the person is actually doing the checking from. All you need is a S.S.# and you can find out EVERYTHING you want to know,right?
Just confused by it all and how the local law enforcement and court system almost at times purposely try to be vague about the state laws/procedures and steps needed to be taken to resolve issues,as i'm sure many others can attest to in there own experiences. But any input or advice is appreciated.
Thanks-
David
 


single317dad

Senior Member
What is the name of your state (only U.S. law)? GA.
Back in 1992 I was convicted of Burglary under a plea deal that the other 2 charges of Criminal Tresspass be dropped. However all still show up on a background check as "convictions". I did violate probation which should have nullified my first offender status,but my lawyer at the time arranged with the judge to only allow the arrest record to remain,and even seemed really surprised that the judge had agreed to it. But it appears he must not have agreed afterall? Also,when I got the background check done,the officer said it was ONLY for the state of Georgia. Does this mean it only shows up on checks done in this state?? I was under impression that those new online criminal checks are very thorough regardless of where the subject is living now or where the person is actually doing the checking from. All you need is a S.S.# and you can find out EVERYTHING you want to know,right?
Just confused by it all and how the local law enforcement and court system almost at times purposely try to be vague about the state laws/procedures and steps needed to be taken to resolve issues,as i'm sure many others can attest to in there own experiences. But any input or advice is appreciated.
Thanks-
David
Different background checks produce different results. It's quite common for police agencies to perform a very thorough check that is limited to their own state. A private investigator (or, indeed, most anyone) could perform a broader check given the time and incentive to dig up details of a person's past. The FBI also has a broader reach in record checks, but they aren't typically involved in simple background checks, and results would be limited to cooperating agencies.

To resolve the confusion over the convictions, you're going to need the court record (and probably a lawyer).
 

FlyingRon

Senior Member
Background checks have to be done on a state by state case as there is no "national" database. It used to be that investigators would check every state you lived or worked or went to school in to find your history because they figure that's the most likely candidates. Now with the computers, it's only marginally more difficult to run the check in every state.

It does sound like despite what you were told at the time, they did cancel out the first offender dismissal/sealing.
 

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