First Offenders Act

First where are you at, what country and if in the US what state.

Was the plea bargain when you got the sentence to have the charges dismissed under the first offender.

But normally at least in GA they way it happens, on the actual criminal record that the police see, this is exactly how it reads. But if it is given out to private employers that part is taken out.

Also, what type of job is this, if you were applying for any job requiring a national security clearance or police or prison jobs it would always show up

Thanks for responding. I do live in Ga. The charge was in Fulton County. I thought automatically under First Offenders you automatically have the charge sealed. I applied with UPS. I am so confused.

You will need to talk to your attorney who handled this for you. I used to be a police officer in Fulton County and did my cases in that same court.

Normally yes the first offender will not show up on normal background checks.

BUT, where did UPS do their background search, if they used the police department, my guess is some clerk forgot to remove this, if they bought it though a 3rd party computer research company, then a lot of times their background searches find things that would be normally sealed.
The "seal" only applies to govermnet records, but if this gets on the computer "grid" and private companies pick this up, it may always be in their files

Thanks. I am going down to the courthouse tom. To found out what is going on. The lady I talked to today (DA's Office) I don't thing she knows what she is talking about. She told me under first offenders your record will always show up until you get it sealed. My lawyer, PO, or the judge never told my that I had to get anything sealed. From what I understand someone is supposed to send something to the GCIC. I don't know

Normally the being "seal" is merely part of the judges order when it goes under first offender but it can take time to get it all filed. How soon after did they run the report. But remember the 'sealed" is not sealed to everyone
All the police, probation, corrections and any company doing and requiring a national security record will still see the sealed record

I will be finishing a similar probation sentence soon. I used the First Offender Act as well - (Cobb County GA). I have been getting all kinds of conflicting information on the subject. Please post how this turns out and help others such as myself prepare for what to expect.

I have been charged with trafficking cocaine in 2005. I however was in the wrong place at the wrong time. The police came in and the drugs were not in plain view nor did they find any drugs or paraphenilia on me. They took me and 2 other people to jail. It has now been 4 years since I was charged with the crime. The ADA gave me an offer to 4 years probation and sentencing to a possession of cocaine charge. My attorney thinks we have a good shot at filing a motion to suppress ( no probable cause to enter the hotel room). Oh by the way one of the co-defendants took responsibility for the drugs and they gave him possession with intent to distribute. I am trying to find out if I get a sworn affidavit from him stating that the drugs were not mine would they reconsider there offer. Or what would happen if anything.

Depends on the state, in Georgia for example if you are in the same room with the drugs that is the same as being yours no matter who they belong to.

Next how did they enter, was there a warrant, and how do you know there was no reason ? If there was no reason why did they come in ? Was there a CI that gave them the info ?

Well I finished my first offender probation on sept 11 09. This was in Fulton County. Almost 2 months later I applied for a job and was denied due to a felony on my record. The only charge I had was this one in fulton county. The probation dept. Failed to do its job of course. They never sent my paperwork to the GCIC to have my charge sealed. And I had to go to the courthouse several times and the probation dept. I finally got on the phone with the Chief of the probation dept and wanted to know why my paperwork has not been filed. She informed me she would get to the bottom of it. My PO called me a couple hours later and said that the judge signed my first offender discharge on Oct. 28. But he had not submitted to the GCIC. Why, I have no idea. Completely incompetent in Fulton County. I just received a copy of my first offender discharge and I have to fax it to the GCIC myself. So if you want to make sure everything turns out ok make sure you are on top of your game.