Understanding the First Offenders Act

What is the First Offenders Act?

 The first offender act is used by people that are charged with a crime for the first time.

Eligibility Criteria: 

1. You must have never been convicted of a felony 2. You must have never been sentenced as a first offender. 3 Your charge is not Driving under the influence (DUI). 

4. Your charge is not a serious crime committed against a law enforcement officer engaged in his duties. 5. Your charge is not a serious, violent felony 6. Your charge is not a serious sexual offense 7. Your charge is not related to child pornography and 8. Your charge is not related to electronic sexual exploitation of a minor, or computer pornography.

Process:

1.  You or your attorney must ask the judge to sentence you under the first offender’s act before your sentencing happens. 2. The judge decides whether to sentence you as a first offender, with input from your attorney and the prosecutor. (Note: if the judge denies the request, the decision cannot be appealed). 3. If the judge decides to treat you as a first offender, you will be sentenced. During your sentencing, your official criminal history report will say “First Offender Act” as a result of the case. 4. If you violate the terms of your sentence, including committing another crime, and the judge revokes your first offender status, you will be convicted and could be sentenced to the maximum punishment for the offense(s). 5. If you successfully complete your probation, the probation officer will request an order of discharge from the judge. 6 The judge will issue the order, and it will be filed with the clerk of court (be sure to keep a copy). 7. The clerk of court will enter the order of discharge onto your official Georgia criminal history record and the record of the case will be sealed from your GCIC criminal history record for most employers and 8. Obtain a copy of your GCIC history record to make sure the first offender case no longer appears on your report. (Note: law enforcement and certain employers can still see the charge.)

A few things you should know if you are sentenced under the first offender’s act and you complete the probation: the probation officer has to ask the judge for a discharge; however, oftentimes this step in the process is not followed so you must check your record to make sure that the charges are removed. When a charge is removed it takes a while so be patient, and keep in mind that certain employers can still access your first offender status. 

This article was written in response to a young lady’s request for help. After all, she was denied employment because her first offender sentencing status was not properly processed. 

It should be noted that she completed her probation, and it appears that either the probation officer or the clerk of the court did not process the discharge order. The eligibility and process information in this article was taken from an article written by the Georgia Justice Project. Thank you for your support.

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Marvin Dixon, Founder