Legal Question in Criminal Law in Georgia

first offender vs post

I have a question regarding my first offender status. I completed my probation in 2000, for a non-violent felony. I pled nolo and took First Offender. Recently I sought a job where I would have to be post certified and was told that because I was a convicted felon, I could not become post certified, and could not be hired. Is this correct? and if so, what good is First Offender?


Asked on 7/16/03, 4:48 pm

1 Answer from Attorneys
W. Henry Clerke IV Bryman, Clerke & Kent, P.A.

Re: first offender vs post

Generally when a defendant enters a plea of nolo contendere as a first offender under O.C.G.A. �42-8-60 et. seq. and the defendant fulfills the terms of probation the defendant is to be discharged without court adjudication of guilt. The discharge is to completely exonerate the defendant of any criminal purpose. There are certin reasons that the first offender status can be revoked. For example a violation of the terms of probation or a conviction during the period of probation. You may want to contact an attorney to discuss the details of your case to determine whether or not you have a felony conviction on your record. It is possible that the clerk failed to enter the discharge on the record. The foregoing is general information only, not specific legal advice. No attorney client relationship has been created or implied.

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Answered on 7/17/03, 8:36 am


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