FYI, A misdemeanor in the state of Georgia is a life sentence. My story.

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I woke up after a night of not being able to sleep. I need to vent. Here goes.

In late 2006 I was involved in an altercation. I was 19 years old. I was arrested, charged with misdemeanor battery and plead no lo contender in 2007, paid a small fine and took 3-4 anger management classes. I was on probation for 6 months. At the time this happened I was working for an IT managed services company in Atlanta and I was the youngest tech there by 10 years. I was well on my way to a bright fulfilling career in IT. This company relocated north of Atlanta and I was unable to make the drive, so I went back to the recruiting agency and they arranged some interviews for me. My most promising one in early 2008 was with the King & Spalding law firm in Atlanta. I went through 3 interviews and was told they wanted to hire me at 26$/hr. I was given a start date. Late on a Thursday evening I was called by the recruiter and informed that my background check came back with "marks" and I was unable to proceed with the job offer. I never lied, nor withheld information from them. As a result I was basically blacklisted by the recruiting agency and the law firm. Fast forward over the next 7 years. I've achieved many, many IT certifications and always stayed up to date with technology. Other techs with the experience and education I have can easily pull 70-80k /yr (very respectable in Georgia). I've applied to literally hundreds of jobs in that timespan. I've been on many, many interviews. Anytime I've made it to the face to face interview stage I've always received a second interview. I've received 4+ job offers over those years that have been retracted after my background check came back. In situations where I've been asked or it's been brought up the companies seemingly disappear off the face of the earth. Recently after a company asked me to submit to a background check I informed them of the mark on my record and this was the response I received-


-------------------------
"
Rachael O****** to me
Hi *****,

Thank you for your honesty. I really appreciate it. This would have an impact on your potential employment with *****. I welcome you to apply once you get it expunged.

I wish you the best of luck with your job search. Thanks again for your interest in working with ****

Thanks,

Rachael *****| HR Specialist
-------------------------------------------



How can such blatant and open discrimination be... legal? How can anyone be okay with a misdemeanor crime of any nature ruining someone's life on this level? I'm not looking for pity or support, as I took full responsibility for what I did... but I completed my sentence. Since when does part of my sentence include "probation, fine, community service, oh and you'll never be able to get any sort of a decent job the rest of your life"


I've never withheld the information or lied about it, I've just always tried to bring it up after the employer mentions it. In the cases it's mentioned before hand I explain the situation as best I can. I'm also sure I've been passed on many many times just by listing that I've been arrested on a job application. This has literally ruined my professional career and at this point I'm willing to say it's ruined my life. I'm still living at home. I have debt piled up which is going to take me a long long time to get out of even if I land a great job tomorrow. It's caused me to become insanely introverted and ruined any professional confidence I have. Depression... anxiety... it's all piled on.

According to many references online, Georgia is one of the worst states in the country for "reintegration" into society as it doesn't offer any type of expungement options. On top of that it also states that almost 33% of Georgia's adult population has a criminal record of some sort.

In 2013 a law was passed which now allows record expungement in Georgia... but only if you were arrested and not convicted. However over 90% of arrests lead to conviction which makes this option basically useless for people in my spot. For me though... there's hope. A clause in the law states that if you were under 21 when the conviction took place you can apply for expungement under what's known as "Youthful Convictions'. In early December I applied. I was denied. I went to an attorney and now $1500 (that I don't have) later and after a lengthy appeal process my application has now passed through the prosecuting DA's office and is sitting on a Judge's desk for approval. Getting my life back on track and progressing forward literally sit's in the hands of one man I've never met, never will meet and has no idea the pain and agony this has caused me.


/rant
 
That's a fucking injustice. How does it benefit society or anyone for your life to be interfered with like that?

This is the kind of the thing that would justify relocating to a new state, if that would even make any difference.
 
That's a fucking injustice. How does it benefit society or anyone for your life to be interfered with like that?

This is the kind of the thing that would justify relocating to a new state, if that would even make any difference.

In 2010 I did that. I moved to Mississippi with the girlfriend I was dating. In 2.5 years there I played poker for a living in Biloxi, MS (it's the only way I've survived these past few years.. my story about poker and how it's sustained me is a whole nother topic though). In that time I applied to many places and was turned down over and over. I went on multiple interviews with the Beau Rivage but was turned down near the end of the process for what I am assuming was my background check as I did have to list I lived in Georgia previously with them. They never gave me a reason but if I had to guess I'd say it's because they are MGM Mirage owned and a bigger corporation would be afraid of litigation via discrimination based on such a thing.

I've honestly considered an entirely different country at this point. If my appeal fails to go through and I can't get this locked away I don't really know what my options are. Even lower end, 10-15$ hour jobs are out of reach for me as I was turned down as a box handler and truck loader at UPS for this as well.
 
I feel for you and that really fucking sucks. I wish I knew more about the subject so I could offer advice. My cousin is from Georgia and during his senior year of high school he was a star football player and wrestler. He had a loving girlfriend, a large group of friends, and a happy life. Then one day he lent a buddy his car and the friend left a joint in the front window. Campus security saw it, my cousin was arrested, thrown out of school, barred from playing sports, and was forced to finish in another county away from everyone he knew. He lost his gf, his friends, his college scholarship potential, and most importantly his confidence and happiness. It set him down a completely different path in life that he is only now, almost 15 years later, slowly trying to reverse.
I know it's not exactly the same, but like you, one incident from when he was young managed to haunt his life and unfairly snatch opportunity away from him. It's not fair and I hope you find some way to fix it.
 
Sucks man and I hope it works our for you. Here in the UK the vast majority of convictions where a sentence has been for less than anything up to 2 and a half years imprisonment become "spent" after between 5-7 years, meaning you don't have to disclose them (in most cases) to employers.

It's tough out there finding a job if you've had any sort of brush with the law. There's got to be a case to be made that how long these things follow you around have just as much an effect on recidivism as terrible prison conditions do. Good luck with the judge dude.
 
Please consider writing to to your house representatives/senators etc. This story is really sad and people should not be discriminated against in this way.
 
I feel for you and that really fucking sucks. I wish I knew more about the subject so I could offer advice. My cousin is from Georgia and during his senior year of high school he was a star football player and wrestler. He had a loving girlfriend, a large group of friends, and a happy life. Then one day he lent a buddy his car and the friend left a joint in the front window. Campus security saw it, my cousin was arrested, thrown out of school, barred from playing sports, and was forced to finish in another county away from everyone he knew. He lost his gf, his friends, his college scholarship potential, and most importantly his confidence and happiness. It set him down a completely different path in life that he is only now, almost 15 years later, slowly trying to reverse.
I know it's not exactly the same, but like you, one incident from when he was young managed to haunt his life and unfairly snatch opportunity away from him. It's not fair and I hope you find some way to fix it.



Thank you. I appreciate the kind words more than you know. I've battled depression and my minds been in such dark places the last few years. I was a sports playing, outgoing very passionate person before this. After this happened I gained over 120 lbs but over the past 3 years I've lost all that weight and turned my health around and that has helped a ton, but I still can't get past nights like this. I'm an absolute nervous wreck knowing that literally next week I'll know my "forever fate" based totally off this judges decision. My lawyer has taken a personal interest in this and has told me even if it's rejected he will file appeal after appeal and forward it to the GA supreme court if he has to and I won't owe anymore money which is also nice... because I don't happen to have anymore. I just don't know how long this process is going to take.
 
Thank you. I appreciate the kind words more than you know. I've battled depression and my minds been in such dark places the last few years. I was a sports playing, outgoing very passionate person before this. After this happened I gained over 120 lbs but over the past 3 years I've lost all that weight and turned my health around and that has helped a ton, but I still can't get past nights like this. I'm an absolute nervous wreck knowing that literally next week I'll know my "forever fate" based totally off this judges decision. My lawyer has taken a personal interest in this and has told me even if it's rejected he will file appeal after appeal and forward it to the GA supreme court if he has to and I won't owe anymore money which is also nice... because I don't happen to have anymore. I just don't know how long this process is going to take.

I'm glad to know you have people fighting for you, nobody should have to fight injustice alone. Have you tried getting your story into a newspaper or online news site? I'm sure someone would be interested in it and it might help somehow.
 
Send this story to your senators and your representative... as well as your state legislator(s), local news networks, the governor's office, the mayor, etc.

There are millions of people in similar situations to you.
 
I'm glad to know you have people fighting for you, nobody should have to fight injustice alone. Have you tried getting your story into a newspaper or online news site? I'm sure someone would be interested in it and it might help somehow.

No, I haven't but I think that might be a good idea. Aside from posting this here, I haven't really ever told anyone about it aside from close friends and family. I am completely ashamed of what happened and it's embarrassing to even bring up and for people with no marks on their background I feel like I'm looked at exactly how I'm treated... as a criminal that doesn't deserve better.
 
Send this story to your senators and your representative... as well as your state legislator(s), local news networks, the governor's office, the mayor, etc.

There are millions of people in similar situations to you.

This is very true.

For anyone in Georgia this will also might be helpful for them.
http://www.gjp.org/

This explains the new law and they also have case representatives that can help get the process started for anyone else. The law still states that actual convictions can't be expunged and since most arrests lead to a conviction it still hurts many many people.


Sadly in 2009 I was told by an HR worker that it wasn't that I had a misdemeanor that was the problem, it was the type of crime being violent. She openly stated to me that "if it had been something more minor, like a DUI or something more common" it would not have barred employment for me. Looking back on it, this statement was absolutely insane.
 
No, I haven't but I think that might be a good idea. Aside from posting this here, I haven't really ever told anyone about it aside from close friends and family. I am completely ashamed of what happened and it's embarrassing to even bring up and for people with no marks on their background I feel like I'm looked at exactly how I'm treated... as a criminal that doesn't deserve better.

Gotta be "tough on crime!" :/

But seriously, it's exactly because of treatment like that that you need to get your story out.
 
"I welcome you to apply once you get it expunged!"

So they don't give a shit about it if it isn't on record?

It always irritates me how they end these kind of things with "good luck with your job search" as if I haven't heard that a thousand times before. Luck is as useful as wishing upon a star.
 
I genuinely don't think anyone would look down on you for going public with it. Everyone probably did something incredibly stupid when they were 19, even if it wasn't a violent misdemeanor, it's a time of your life when everything's changing, old certainties disappear and you can feel lost and adrift; but nobody thinks those mistakes say anything about their character years on. You're a different person then, you've learnt and grown and moved on. The only thing at fault now is that law, for not learning and growing and moving with you. You should definitely take this story to your local newspapers, to your local political representative, kick and make a fuss about it, I think you'll get far more support than you realise.

Best of luck with everything, I hope your future improves.
 
Gotta be "tough on crime!" :/

But seriously, it's exactly because of treatment like that that you need to get your story out.

I agree.

Ironically, even the lawmakers won't hire me. I was approached the last few weeks by a recruiter for a position as a level 2 support analyst at the GA State Capital building. I was offered 26/hr (once again, ecstatic to even consider this kind of money) and the recruiter called all my references and put together a package to submit for consideration. When I returned my background check form I informed him of the misdemeanor that would appear, and after that I never heard back again. I called and left two voicemails and one email.
 
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Sadly in 2009 I was told by an HR worker that it wasn't that I had a misdemeanor that was the problem, it was the type of crime being violent. She openly stated to me that "if it had been something more minor, like a DUI or something more common" it would not have barred employment for me. Looking back on it, this statement was absolutely insane.

Unbelievable. A DUI and simple battery have the exact same classification under Georgia law (simple misdemeanors, not of a "high and aggravated nature.")

They're the same level of severity under the law!
 
"I welcome you to apply once you get it expunged!"

So they don't give a shit about it if it isn't on record?

It always irritates me how they end these kind of things with "good luck with your job search" as if I haven't heard that a thousand times before. Luck is as useful as wishing upon a star.

I'm probably wrong about this but I think a lot of employers are willing to look past certain offences, especially misdemeanors. The problem is that having a criminal record makes it difficult or more expensive to get an employee bonded or insured. There's also the question of travel should the need arise to leave country on business.

At least that's the way it seems in Canada.
 
I genuinely don't think anyone would look down on you for going public with it. Everyone probably did something incredibly stupid when they were 19, even if it wasn't a violent misdemeanor, it's a time of your life when everything's changing, old certainties disappear and you can feel lost and adrift; but nobody thinks those mistakes say anything about their character years on. You're a different person then, you've learnt and grown and moved on. The only thing at fault now is that law, for not learning and growing and moving with you. You should definitely take this story to your local newspapers, to your local political representative, kick and make a fuss about it, I think you'll get far more support than you realise.

Best of luck with everything, I hope your future improves.

Depending on what happens next week, I will definitely do so. I wouldn't want any support out of being selfish, but if I could help others in this situation it would be great. I went through a phase where I contacted a few charity and support groups designed to help criminals get back on their feet and back in the job market. All of these were either scams designed to make money as recruitment agencies for felons or something similar. I was told by one that seemed legit I shouldn't have any problem getting a job and they couldn't help me as I just had a misdemeanor and if I kept applying eventually I would find an employer that "wouldn't care". It's not even finding one that won't care. It's the complete embarrassment and shame that comes from having to discuss this with an HR person or boss. I don't want them feeling like they are doing me a charity case and give them this kind of leverage. An employer would always feel like they had something on me.... and that's not the kind of relationship I want to have in a workplace either.
 
This is very true.

For anyone in Georgia this will also might be helpful for them.
http://www.gjp.org/

This explains the new law and they also have case representatives that can help get the process started for anyone else. The law still states that actual convictions can't be expunged and since most arrests lead to a conviction it still hurts many many people.


Sadly in 2009 I was told by an HR worker that it wasn't that I had a misdemeanor that was the problem, it was the type of crime being violent. She openly stated to me that "if it had been something more minor, like a DUI or something more common" it would not have barred employment for me. Looking back on it, this statement was absolutely insane.
Yeah, too bad it wasn't something "minor" like a DUI. What a fucking moron.
 
Depending on what happens next week, I will definitely do so. I wouldn't want any support out of being selfish, but if I could help others in this situation it would be great. I went through a phase where I contacted a few charity and support groups designed to help criminals get back on their feet and back in the job market. All of these were either scams designed to make money as recruitment agencies for felons or something similar. I was told by one that seemed legit I shouldn't have any problem getting a job and they couldn't help me as I just had a misdemeanor and if I kept applying eventually I would find an employer that "wouldn't care". It's not even finding one that won't care. It's the complete embarrassment and shame that comes from having to discuss this with an HR person or boss. I don't want them feeling like they are doing me a charity case and give them this kind of leverage. An employer would always feel like they had something on me.... and that's not the kind of relationship I want to have in a workplace either.
Dude... that's crazy. Why is the world such a shitty place?
 
Dude... that's crazy. Why is the world such a shitty place?

It was an eye opening experience contacting and meeting with a few of them. Most were for manual labor jobs and in every case you were never hired directly for the company .... always through the assisting agency at their determined rate, which was always near minimum wage despite the normal salary or hourly wage for that same position being much higher on average. My lawyer stated that these companies are pushed directly by the governments themselves as "reintegration assistance" and pamphlets are given out to those leaving a jail term.
 
I'm also in Georgia and a similar situation. At seventeen I had several felony charges that I took under the first time offender act and it still comes up on a background check despite paying off all my fines and serving out my probation years ago.

It will follow you the rest of your life, unfortunately.
 
OP, expungement in the state of Georgia sucks. Were you actually convicted though? It doesn't seem like it if you plead no contest. Any concealment options?
 
I'm also in Georgia and a similar situation. At seventeen I had several felony charges that I took under the first time offender act and it still comes up on a background check despite paying off all my fines and serving out my probation years ago.

It will follow you the rest of your life, unfortunately.

Why are convictions you had as a minor showing up on your record?
 
OP, expungement in the state of Georgia sucks. Were you actually convicted though? It doesn't seem like it if you plead no contest. Any concealment options?


No Lo is considered a conviction in Georgia.

Here is an excert from the GJP

"22. Can I get a record restricted if I pled nolo contendere (no contest)?
A plea of nolo contendere (no contest) is a conviction even though you do not acknowledge guilt or fault. Convictions are not eligible for restriction unless you meet the criteria for “Youthful Offender” restriction. For more information about “Youthful Offender” Restriction see Question 13: “Can an arrest on my criminal history be restricted?”."


I fully qualify for Youthful Offender, but the DA that looked at my first expungement request either didn't check my age, or rejected it based upon whatever reason which is why this appeal process has started.
 
I'm also in Georgia and a similar situation. At seventeen I had several felony charges that I took under the first time offender act and it still comes up on a background check despite paying off all my fines and serving out my probation years ago.

It will follow you the rest of your life, unfortunately.

Ninty I would recommend you check out www.gjp.org.

They can help you request a pardon through the governors office which I think is your only option with a felony conviction.
 
I'm probably wrong about this but I think a lot of employers are willing to look past certain offences, especially misdemeanors. The problem is that having a criminal record makes it difficult or more expensive to get an employee bonded or insured. There's also the question of travel should the need arise to leave country on business.

At least that's the way it seems in Canada.

This is likely what's happening here. Georgia must have some crazy corporate insurance policy regarding employees with a record. You might need to move.
 
holy fuck, that's perverse.

idk, if I were you I'd probably look to skip country entirely. with your qualifications you could make well over 100k in countries that don't institutionalize lynch-mob mentality.

have you considered Europe? we gladly give out visas and work permits to qualified people from industrialized countries.
 
Your story seems like the exact kind of human interest story a local news channel might be able to grease the wheels of justice. By the way, your writing style is excellent and kept me engrossed. I hope things work out for you.
 
I live in Georgia. I've known two people who were convicted of felonies (drugs/auto theft) and both of them have resumed their lives. They have decent (not corporate, though) jobs.

The only thing I can think of is that the term "battery" is scaring them off.
Perhaps these corporations fear workplace violence? Not an excuse but maybe an unwritten rule to exclude anyone convicted of a "violent" crime?
 
holy fuck, that's perverse.

idk, if I were you I'd probably look to skip country entirely. with your qualifications you could make well over 100k in countries that don't institutionalize lynch-mob mentality.

have you considered Europe? we gladly give out visas and work permits to qualified people from industrialized countries.

I would gladly take an offer somewhere else as a complete change of pace of it was presented. Sadly, I have 20k+ of credit debt from having to partially live off credit the past 5-8 years and I'm in a very big hole at the moment. Picking up and moving isn't something that would be possible.


Out of curiosity here are my current IT certs. Would this really pull 100k+ there?


CISCO SYSTEMS
CCENT (Cisco Certified Entry Network Technician)


Microsoft (
MCTS: Vista (Microsoft Certified Technology Specialist, Vista)
MCTS: Windows 7
MCITP (Microsoft Certified IT Professional)
MCITP: Enterprise Support Vista
MCITP: Enterprise Support Tech Windows 7
MCDST (Microsoft Certified Desktop Support Technician)
MCP (Multiple) (Microsoft Certified Professional)
MCSA: Windows 7 (Microsoft Certified Solutions Associate)
MCSA 2003 (Microsoft Certified Systems Administrator Server
2003)


CompTIA
A+
Network+

Brocade
BAIS (Brocade Accredited Internetworking Specialist)

Symantec
STS Endpoint Security 11.0 (Symantec Technical Specialist)

Hewlett Packard
HP “Pathway to Customer Satisfaction”
 
I live in Georgia. I've known two people who were convicted of felonies (drugs/auto theft) and both of them have resumed their lives. They have decent (not corporate, though) jobs.

The only thing I can think of is that the term "battery" is scaring them off.
Perhaps these corporations fear workplace violence? Not an excuse but maybe an unwritten rule to exclude anyone convicted of a "violent" crime?


Can you be more descriptive about what type of work and what kind of wage they are able to earn? I am not opposed to changing professions, it's just I have invested so much time into IT, and I am very good at it. I am comfortable at it, and it's what I wanted to do the rest of my life.
 
I would gladly take an offer somewhere else as a complete change of pace of it was presented. Sadly, I have 20k+ of credit debt from having to partially live off credit the past 5-8 years and I'm in a very big hole at the moment. Picking up and moving isn't something that would be possible.

This could also be a factor too. Many companies these days run credit checks on prospective employees. It really sucks.
 
That really fucking sucks.

And even aside from how it sucks for people on a personal level, that is just so stupid on a crime fighting level. How many of the people who commit some minor misdemeanour end up as career criminals because they're blacklisted from every other job that could make them into a productive member of society?
 
This could also be a factor too. Many companies these days run credit checks on prospective employees. It really sucks.

It might become an issue. I actually have over 90k of revolving credit so my score is still extremely high and I've never had any bad marks on it, but I do have the 20k of debt.
 
That really fucking sucks.

And even aside from how it sucks for people on a personal level, that is just so stupid on a crime fighting level. How many of the people who commit some minor misdemeanour end up as career criminals because they're blacklisted from every other job that could make them into a productive member of society?

I'm sure in cases of theft etc it becomes very common. I got in trouble once prior as a juvenile for "disorderly conduct" but that was sealed when I became an adult. Since this charge I've not been arrested since so it wouldn't be a path I'd ever take no matter how desperate I got but for certain individuals I can see how it looks like their best option.
 
10-20 years ago you would have been hired on the spot. The Human Resources industry has gotten WAY out of control in the US - I think it's one of the prime reasons for the high unemployment in this country. People have become intimidated by the high scrutiny process.
 
10-20 years ago you would have been hired on the spot. The Human Resources industry has gotten WAY out of control in the US - I think it's one of the prime reasons for the high unemployment in this country. People have become intimidated by the high scrutiny process.

Job descriptions in general intimidate me, even being decently qualified. Not having a college education is another pitfall of mine that prevents employment in a lot of cases but seeing some of the requirements and expectations is very depressing as well. I've stopped applying at any job that states "must pass background check" and it seems like this is becoming the norm, instead of the exception.
 
Can you be more descriptive about what type of work and what kind of wage they are able to earn? I am not opposed to changing professions, it's just I have invested so much time into IT, and I am very good at it. I am comfortable at it, and it's what I wanted to do the rest of my life.

One (5 years probation) works at the Federal Paper plant, he's been there 7 years and makes about $17/hour. The other went to school (after getting out of jail after 6 months) and got an associates degree (2 years of school) for an RN license. He's making around $28/hr.
Have you applied at local hospitals/medical systems for an IT job? Everything is electronic now.
 
One (5 years probation) works at the Federal Paper plant, he's been there 7 years and makes about $17/hour. The other went to school (after getting out of jail after 6 months) and got an associates degree (2 years of school) for an RN license. He's making around $28/hr.
Have you applied at local hospitals/medical systems for an IT job? Everything is electronic now.

I'm glad they were able to get things turned around. I've applied over and over with job listings at Piedmont but I've never been contacted.
 
Ever thought about starting a business of your own? If you got qualifications I'm sure you could manage to scrounge up some work and then build your reputation/clientele from there.
 
Ever thought about starting a business of your own? If you got qualifications I'm sure you could manage to scrounge up some work and then build your reputation from there.

I actually did this for 2.5-3 years. I sustained off business that was handed to me and referred to me but when I lost a few clients due to them going out of business (builders during the housing crash) I was unable to continue. I lack the salesmen attitude / personality and wasn't ever able to really go out and pursue extra business.
 
I'm glad they were able to get things turned around. I've applied over and over with job listings at Piedmont but I've never been contacted.

Try Childrens Healthcare of Atlanta, Wellstar Hospitals, Northside, Emory Healthcare, walk-in acute care facilities, rehab and long term care facilities, home medical equipment companies, and large physician groups. There are quite a few in your area. Also, look at large independent drugstores.
 
Super interesting thread. As someone who also had a criminal record, I never had an issue with this. I should say, my lawyer had to send documentation and letters with my applications, but it was never much of a talking point. I even managed an overseas visa which required FBI background checks where literally everything is uncovered. Few different factors though - different state, different industry, different type of crime, different education. I definitely feel like location is your main barrier, but I could see how your resume with the gaps and your credit history may scare an employer.
 
Try Childrens Healthcare of Atlanta, Wellstar Hospitals, Northside, Emory Healthcare, walk-in acute care facilities, rehab and long term care facilities, home medical equipment companies, and large physician groups. There are quite a few in your area. Also, look at large independent drugstores.

Thanks man. Will do for sure.
 
I think it could be the Battery issue as well. I ended up with a misdemeanor for driving on a suspended licence in Georgia and have not had any trouble with it yet.
 
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