Legal Question in Employment Law in Georgia

Hello, I recently went on a interview for a job with the Georgia Department of Public Health. I was called back today where they told me that I was give The position however there is an additional job application that I must fill out.

On this second application it asks that you if you have ever been convicted of a felony.

I have about 10 years ago in the state of Alabama when I was attending the university of Alabama. I furnished 1 oz of marijuana to an informant. I was then subsequently charged with a class b felony and served 2 years probation. I did and have not been in any trouble since. I have cleaned up my life ever since that happened.

The background check only goes back 10 years according to them however there is a fingerprint FBI check that will show this conviction.

Would you be able to provide any advice as to what I should include in my statement? am I allowed to appeal their decision if the initial hiring of me is overturned? Do I have any legal reasources that could benefit me in my situation?

Asked on 12/14/15, 1:29 pm

1 Answer from Attorneys

Michael Caldwell DeLong, Caldwell, Bridgers & Fitzpatrick LLC

If you were convicted but were not given an alternative sentence such as first offender status, and expungement of your conviction record, then the conviction stands and it remains on your record. It will most likely be discovered. Thus, tell the truth.

While Alabama may not yet have enacted the "ban the box" rule, the Georgia Health Department more than likely will look at the circumstances surrounding your conviction (i.e., a minor amount of marijuana, your young age and immaturity (a/k/a "stupidity of youth") at the time) plus your clean record ever since. They probably will not consider your conviction in these circumstances to be disqualifying. (Your attendance at the University of Alabama is quite another matter, however.)

If you do not answer truthfully, you will give the Department of Health a very good reason to reject your application.

Momma's advice to always tell the truth is good advice to follow here.

Good luck.

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Answered on 12/14/15, 1:43 pm

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