[rlrl2010]

I have a professional license in NY and am considering relocating to Ga and want to get the equivalent credential in Ga. That would normally not be a problem except that in 1996 I was charged with a misdemeanor and pled to disorderly conduct which is only a non-criminal violation in NY. However, in Ga it is a misdemeanor and I know it

I paid a $50 fine and received a conditional discharge. It's all sealed now and says so on the court disposition that it's sealed. However I realize that I have to check "yes" to the question about ever having been arrested and entered a guilty plea and I will have to submit a court record of the event.. there is also something about moral turpitude in the question.

My NY license was not affected by the conviction because it was only a violation. NY only considers misdemeanors and felonies when taking disciplinary actions against licensees

So what I want to know is what is the attitude of state govt agencies (such as the Ga licensing board) of those convicted of disorderly conduct? Is it something Georgians cannot forgive someone for?

Also, would a record like mine that is pretty much sealed and indicates a conditional discharge be considered an offense of moral turpitude in Ga?

If it were in NY I would not have to even reveal the existence of this record since NY state law prohibits questions about arrests. and now in NY they are not even allowed to ask if you have ever been convicted of a violation

[Fr_Chuck]

Your conviction is still your conviction, it is a misdemeanor because that was what that court decided it was.
GA can not change it to a felony after you are convicted and sentenced just because you move here.

Next for professional license, the conviction is either sealed or it is not, there is no "pretty much" sealed. The crime exactly as it is recorded on the NCIC report is what they will see.

But disorderly conduct may have to be explained, was it a college kid getting drunk and doing something, or what.

Also what type of professional license. For most you can get a out of state license based on your current one, and if issued, then it can merely be changed to in state.
So you can get your license in GA before moving

[rlrl2010]

I was arrested originally for a misdemeanor but I pled guilty to disorderly conduct, a violation in NY(not a misd). However, the charge of DC in Ga is a misd. not a violation like it is in NY

Also, Fr Chuck, I ran my prints through the FBI 2 years ago and they returned my FP card to me saying I had no arrest record, so the expungement went through

Will they still see it if they run me through the GCIC even though it was expunged?

[Fr_Chuck]

No, they will use the NCIC report for professional license, and also of course get a copy of the paper work in NY,
Aww, the issue with NCIC it does show the arrest, conviction but shows explunged next to it, Now they are not suppose to use that against you, but a misdemeanor should not effect anything,

But even a misdemeanor does not stop you from any professional license I know of here.
I have POST ( police officer and correction) certification here in GA, I have a real estate license, I have full line insurance license, ( never passed that stupid bar ) but a misdemeanor would not effect any of them.

**

[rlrl2010]

I was told by NY State DCJS (similar agency to GCIC) that they do not release sealed records to anyone, even govt agencies

Now, the Ga licensing agency can try to get my record through the NY State of Court Administration but it costs $55 per search and they no longer report violations to the public

The wording refers to "an arrest for a felony or crime of moral turpitude". Do you know if DC is considered a crime of moral turpitude?

[rlrl2010]

let's say that the original B misd charge was pretty horrendous looking but the DC violation is much less serious. Can Ga still say because this applicant was charged with X crime(and ignoring the actual disposition) we don't want them? I guess they can but does Ga also consider the disposition too?

[Fr_Chuck]

If I knew what type of license, it could help, most merely look at the final conviction, not the case. The one exception would be a police officer, but even then, since it was not a felony you could still become one, just harder finding a place that would hire you.

For an attorney, but if you are one, then you already meet bar approval, so that should just move down with little problem

[rlrl2010]

It's for a Social Worker in Ga

[Fr_Chuck]

Should not be a issue at all. The specific agency may have questions, Of course I would think you can apply for the license prior to moving, to be legal to work in GA? Most license allow that
But from my understanding, they use the basic NCIC ( they get a GCOC here in GA) but same thing. Esp if you are licensed in your state and in good standing, it should go smooth.
You do know that they don't pay well ( at least the state jobs) for that in GA.

[rlrl2010]

Yes I can apply prior to moving, the licensing board told me I could. Yes I have been licensed in good standing in NY.

I see you mentioned you have a Ga real estate license. I noticed online that if you have a record the Ga real estate board ask you to do all these crazy things like not only submit a court disposition but also a fingerprint report from your state or FBI attesting to your record AND the accusatory complaint when first charged, as well as letters of reference from people who are aware of your record and can attest to your rehab. That's really tough

Although the social work boards only tell you to submit 'court records", they don't say if they want to see the complaint or not. They do not appear to ask for references from people who know you have a record

[Fr_Chuck]

The real estate is only if it is a felony, you have to get it cleared prior to even taking the class to set for the test. At least in practice, set rules and real life practice seem to differ at times.

Yes I have insurance and real estate license in several states.