I was recently discharged from probation under the First Offenders Act. I have recently applied for a job that requests a background check. I assumed that under the First Offenders Act once your sentence was successfully completed the charge would be sealed. I found out today that I was denied employment because the charge is still on my record. I also have a copy of the background check and it states.
Charge: Possession of Cocaine
Charge Type: Felony
Disposition: First Offender
Sentence: 3 years Probation
Can anyone tell me why this is on my record. That defeats the whole purpose of having First Offenders right??

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.

It is not uncommon in Fulton County for things to take several months to get filed and in the system. Cobb county for the other poster is a little faster

Fulton county should merely enter it into the computer system, they have GCIC access.

But even then, it is not always hiden, just hiden to private companies who are not covered under national security laws.

In Pa, it is called the ARD program. While the records are "expunged", they are no longer viewable under public access sites. Most pay sites will not show these "expunged" records either. However, there are, depending on the security clearances, certain sites that show that the case in question was held and that it was "expunged". So, depending on the level of clearance UPS has, which would be a high level of clearance since they are a federal government agency, even if your case was "sealed" or "expunged", there are still secure sites that will show any and all court appearances regardless if they were "sealed" or "expunged".

From what the Supplemental report says in the Discovery packet. The guy who the hotel was registered in was outside and the cop TOLD him to open the door. This is what the report says. He then opened the door and the latch on the inside was on the door. He said he heard me talking and advised me to open he door. I opened it and they came in.
The only reason they were called to the hotel is because the guy who had the hotel had his car parked under the awning or whatever it is in front of the hotel, with his suitcase sitting by the car. There was never a warrant of any sort.

This charge is in Gwinnett county. From what I understand in order to be charged with possession you have to be able to prove that I had actual or constructive possession of the drugs. Which I did not. I had literally just gotten to the hotel room when the cops came to the door. They found the drugs in another room of the hotel ( it was a suite) and looked behind the door under a chair and saw a baggy of cocaine.

This charge is in Gwinnett county. From what I understand in order to be charged with possession you have to be able to prove that I had actual or constructive possession of the drugs. Which I did not. I had literally just gotten to the hotel room when the cops came to the door. They found the drugs in another room of the hotel ( it was a suite) and looked behind the door under a chair and saw a baggy of cocaine.From what the Supplemental report says in the Discovery packet. The guy who the hotel was registered in was outside and the cop TOLD him to open the door. This is what the report says. He then opened the door and the latch on the inside was on the door. He said he heard me talking and advised me to open he door. I opened it and they came in.
The only reason they were called to the hotel is because the guy who had the hotel had his car parked under the awning or whatever it is in front of the hotel, with his suitcase sitting by the car. There was never a warrant of any sort.
Seems illegal to me

Hello j:

I don't understand exactly what happened, and what YOUR role is, but if somebody let the cops in and there were drugs in plain view, the bust looks legal...

Of course, it might not be, depending on LOTS of stuff. Hopefully, you DIDN'T talk to the cops and you hired a good criminal lawyer.

excon

Hello j:

I just answered you on another thread... Please try to keep all your questions about this in one place...

Plus, you added information to THIS thread that you didn't have on your other one, so my advice over there isn't what my advice would be over here...

What I want to know is why they're prosecuting you NOW? Something's fishy there.

excon

I believe your previous charge of trafficking concaine had something to do with this. All of these posts should be combined.

Ok here's the deal. In 2005 I was charged with trafficking cocaine. I have read the police report and here is what it states. Cops were called to the hotel because a car was parked in front of the hotel and had a suitcase beside the drivers door. The car had been sitting in front of the hotel for about 30 min. Police said when they pulled up they ran the tag and asked what room the party was staying in. once they came to the hotel the person who owned the vehicle was outside. They TOLD him to open the door to the hotel room. When he tried to open the door the security latch was on. Police said he heard my voice and advised me to open the door. I opened it and they came in. The hotel was a suite with 3 separate rooms. The police came in and went into the bedroom, behind the door and under a chair he said he saw a baggy with what appeared to be cocaine. Two of the people had been in the hotel for quite sometime. I had just arrived about 30 min when the cops came knocking on the door. At that point they searched the room and took all three of us to jail for trafficking cocaine. My question is did they have probable cause and they never had a search warrant or permission to search the room. One of the people that was in the hotel took responsibility for the drugs and took a plea( possession with intent). Since he took the charge why are they still trying to prosecute me. They need to prove that I had constructive or actual possession of the drugs right? I certainly would not consider drugs being found in a separate room, behind a door and under a chair in plain view. Need some advice

Quote:

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Originally Posted by jeffect

Ok here's the deal. In 2005 I was charged with trafficking cocaine. I have read the police report and here is what it states. Cops were called to the hotel because a car was parked in front of the hotel and had a suitcase beside the drivers door. The car had been sitting in front of the hotel for about 30 min. Police said when they pulled up they ran the tag and asked what room the party was staying in. once they came to the hotel the person who owned the vehicle was outside. They TOLD him to open the door to the hotel room. When he tried to open the door the security latch was on. Police said he heard my voice and advised me to open the door. I opened it and they came in. The hotel was a suite with 3 seperate rooms. The police came in and went into the bedroom, behind the door and under a chair he said he saw a baggy with what appeared to be cocaine. Two of the people had been in the hotel for quite sometime. I had just arrived about 30 min when the cops came knocking on the door. At that point they searched the room and took all three of us to jail for trafficking cocaine. My question is did they have probable cause and they never had a search warrant or permission to search the room. One of the people that was in the hotel took responsibility for the drugs and took a plea( possession with intent). Since he took the charge why are they still trying to prosecute me. They need to prove that i had constructive or actual possession of the drugs right? I certainly would not consider drugs being found in a seperate room, behind a door and under a chair in plain view. Need some advice

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Hello again:

We've been here before. I've heard that story. I'm not going to go back. If you want a dialog, please respond to the responses you've received..

excon