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678-880-9360Georgia's First Offender Program
a law that makes it possible for some people with no prior convictions to avoid having a criminal record.
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.
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- ✔ Over 30 Years Experience
- ✔ Relationships with Local Courts
- ✔ Top Rated Defense Lawyers
- ✔ Former Prosecutors
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- ✔ Misdemeanor, Felony, DUI Defense
- ✔ Federal Charges Defense
- ✔ Convenient Payment Options
Seven Deadly Sins
Persons accused of these crimes are explicitly not eligible for First Offender treatment.
- Murder/Homicide
- Voluntary Manslaughter
- Rape / Statutory Rape
- Aggravated Sodomy
- Aggravated Child Molestation
- Aggravated Sexual Battery
- Armed Robbery
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.