First, depending on your particular situation, you do not need to spend 10 years on probation. Usually, if you can demonstrate some sort of meaningful progress in your life, such as furthering your education, you can file a motion to have your probation terminated early and be discharged without an adjudication of guilt. You can do this yourself, and it is not hard at all. I myself was discharged in this manner after serving only a third of my original probation term, and the District Attorney was actually surprised that I hadn't filed sooner. Again, depending on your particular situation, you can usually go on unsupervised probation after 2 years. If your probation officer has not mentioned this to you, it is probably because you have not completed the requirements of your probation, such as paying fines and restitution, or your particular crime is not eligible for this release from supervision. If you have been released from supervised probation, it is time to try for a motion to terminate early. Please note, however, that being released from supervision does not mean that you are no longer on probation; it only means that you don't have to visit your PO anymore unless your PO calls and requires a visit for some reason. The bad news is that until you are discharged without an adjudication of guilt, your record is out there and can be used against you by a potential employer. See OCGA 42-8-63, which prohibits employers from using first offender treatment against you if you have been discharged, but not before. Don't apply for a job that requires a background check, because it will show up. The key to first offender treatment is getting that discharge. Talk to your PO and find out when you will be able to try for a motion to terminate early. Unless you've been a pain in the ass and pissed your PO off, they should be more than happy to tell you, since getting rid of you means one less person they have to supervise, and you could be one of as many as 100 people that your PO is looking after, maybe even more. Once you have achieved your discharge status, this is what happens. The GCIC, which is the agency at the state level that controls access to criminal records, will seal your record. This means that if an inquiry is made to the GCIC about whether or not you have a criminal record, only criminal justice agencies, such as police departments and the courts, will see it. Private and public employers will not find out about it. However, there are two ways to inquire as to your criminal history. One is through the GCIC, which can be accessed through law enforcement agencies or, in some cases directly through the GCIC. Usually an employer will go to a law enforcement agency and request a background check. The agency will then submit the request to the GCIC, which will not reveal the information. If this happens, you're OK. There are some instances where your record will be made availabe, such as if you are trying to become a lawyer or doctor, because by law a licensing agency can consider all criminal activity, even first offender. However, they will use fingerprinting, so you shouldn't worry about this. This doesn't mean you can never be a lawyer, but you will have to show proof of rehabilitation if you pursue this type of career. The second and more common method of background checking employed by the typical employer involves searching the records at the county level, which means going to the Clerk of Superior Court for all jurisdictions that you have lived in, or possibly worked in. If you committed your crime in a county that you have never worked or lived in, there is a decent chance that they won't find it, because it is too aggravating to check every courthouse. However, if you committed the crime in a county that you have lived in, you have a problem. The first offender act used to contain provisions that allowed for confidentiality of discharged first offender records at all levels. Unfortunately, these provisions were repealed in 1990, and there are currently no provisions in the First Offender act allowing for confidentiality. Because of this, most, if not all Superior court clerks in the state are revealing first offender records even after they have been discharged. There has been much debate about this, because without confidentiality first offender treatment becomes a very hollow benefit for people like us. Aside from being able to vote, own a firearm, run for public office, and serve on a jury (which is questionable as a benefit), our discharged records can be viewed just as easily as records of those actually convicted of a crime at the county level, but they are sealed at the state level. This makes no sense. Your nosy neighbor could find out about you, but a bank doing a fingerprint background check (and a fingerprint background check isn't possible at the county level) and trusting you with thousands of dollars, couldn't. However, there is light at the end of the tunnel. I have done quite a bit of research to find out why there is a difference between the state and county levels and I have discovered that there shouldn't be. Read OCGA 35-3-30 through 35-3-40 and you will see that local criminal justice agencies are not supposed to reveal discharged first offender records, which means the clerk is not supposed to reveal them, either. By the way, you can read all Georgia laws online by searching "official code of georgia annotated" which will bring you to the website that lists all the laws. The first number is the Title, the second is the chapter, and the third is the section. Start reading and become informed. But checking state to state eligibility is still something I think you should check on. I hope this helps. Good luck.

I Am on parole and am having a hard time finding a job. Is there any way to take my case back to court and request first offenders act so I will be able to eliminate my record from a back ground check?

My Daughter was in a car crash. She went over the line and hit someone headon. She was cited for dui alcohol and drugs. What is the worst case serenio and the best under the first offenders act?

Will using the First offenders Act keep me out of Jail for misdeameandor shoplifting?

It differs from State to state.

if i was put on probation for reckless driving and that was my first offence is that the same as using the first offenders act. thank you, need to know