[AGDLynn]

My whole day today was spent mostly talking with people who were arrested YEARS ago and suddenly an arrest is keeping them from getting a job.

Here's my viewpoint on Georgia laws; each state is different.

In Georgia, there is a program called the First Offender Act and believe me, people can get it for their 20th arrest (and age doesn't matter). The arrest can be "sealed" and not given out during most types of employment background checks. I think the law is changing when the employment involves children and seniors. HOWEVER...it is sealed only when someone runs a criminal history check through the Ga. Bureau of Investigation. It is NOT sealed down at the courthouse because the docket books can be public record. (Warning, some companies looks at docket books.)

Yes, the arrest cycle is sealed but ONLY if the GBI updates official notification that you actually successfully completed it. Without official notification, it remains "open" (viewable) b/c GBI does know if it was successfully, unsatisfactory or revoked. We still have to keep explaining to probation officers, attorneys and a few judges. And yes the law allows GBI to change the "open" FOA to a conviction if you were convicted for another crime while on probation.

When 1 is considered a juvenile depends on the specific state. In Georgia, a juvenile is 16 and under. The FBI considers juveniles 17 and under. In Ga (for fingerprint cards to be sent to GBI)., juveniles must be at least 13 and it must be a felony. UNLESS you were treated as an adult, then it is still 13 but it can be a misdemeanor.

I get asked how to fill out the application. That is YOUR decision. Is it a conviction? No. Have you ever been arrested? Yes. But I won't be the one fired and/or arrested and/or not hired for not telling.

In Georgia, if the company is holding your criminal history against you, they have to tell you where they got the information from.

In Georgia,if you do a criminal history check on someone without their knowledge through the GBI, you are only allowed felony convictions....which means the disposition HAS to be on file and has to be a conviction. At the GBI, we require fingerprint cards b/c it is very easy to give 1 name at the time of arrest and another when someone wants to do background check. Local agencies can run background checks if they have a signed consent release or fingerprint cards. These days too many people have the same name.

Best advice is get a copy of your criminal history and start from there. You may have to backtrack and start the expungement process over.