First Offender Act

a law that makes it possible for some people with no prior convictions to avoid having a criminal record.

If you have never been convicted of a crime, this is the best opportunity you'll ever have to make your situation go away.

What is the First Offender Program

The First Offender Act, a law officially known as Georgia Code § 42-8-60, offers a unique opportunity for a person with no prior criminal conviction to complete a set of requirements and avoid having a public criminal record.

First Offender Benefits

The primary benefits of the First Offender Act are:

Reduced fines
May avoid jail time or a prison sentence
Reduction of time on probation
No loss of voting rights, gun ownership rights, etc.
Erasure of a public criminal record

First Offender Act Eligibility

To have your case prosecuted as a First Offender case, the following must apply to your situation:

No prior ciminal convictions in any State
Have not previously had First Offender treatment
Criminal charges are not for DUI, severe violent or sex crimes.

Sentence Adjustment as a First Offender

There is a provision that can allow some people already convicted to have their case reconsidered as a First Offender matter. This opportunity is not guaranteed so you will need to speak with a defense lawyer to learn more.

Violation of Probation Consequences

Per the details of Georgia Code § 42-8-60, if a person on probation is proven to have violated the terms of their probation they will face stiff consequences. The primary consequence is that the entire First Offender sentence is cancelled. As a result, the individual will be re-sentenced to serve the maximum possible punishment for their crime.

Get Legal Help Now

If you think you qualify for First Offender treatment you should contact our law firm. You can start by calling 678-880-9360 or contact us online for an appointment with a defense attorney in Canton GA.

NOTE: About Background Checks

Per Georgia Code § 35-3-30, Employers may not use arrest records that have been discharged under the First Offender Act when making an employment decision regarding a prospective employee.

The truth about hiding your record is that you need to have an attorney file a Motion to Restrict Public Access to Records which seals an arrest or conviction record. Without having your record sealed, it is possible for anyone to search and find your case in county clerk public files.