What is Georgia’s First Offender Act and How Do I Qualify?
The Georgia First Offender Act is an option available to those who have otherwise been convicted of a crime in Georgia. The Act allows first-time offenders to avoid a permanent criminal record. Under the Act, eligible individuals can plead guilty or no contest to a charge without facing a misdemeanor conviction. After you complete the terms of your sentence, the court will drop the charge against you. Since there is no guilty verdict, your criminal record stays private.
In this article, the Cobb County criminal defense lawyers at Andrew L. Schwartz, P.C. will discuss Georgia’s First Offender Act and how to qualify under our state laws.
The rules surrounding Georgia’s First Offender Act
To be eligible under the Georgia First Offender Act, you must meet specific legal requirements. Those include:
- You must have no prior felony convictions in any state
- You cannot have been previously sentenced as a first offender
- The offense must not be excluded by law (felony offenses, violent crimes, and most sexual offenses)
What are the benefits of Georgia’s First Offender Act?
The main benefit is that there is no official conviction on your record. In addition, you can have your record cleared if you successfully complete the program. A conviction may result in difficulty securing the job of your dreams or the apartment you want. This program acknowledges that a certain stigma comes with a criminal conviction and seeks to avoid that for eligible citizens.
What are the downsides of Georgia’s First Offender Act?
You should discuss the matter with Andrew L. Schwartz to determine if you qualify under the First Offender Act. If you do, there are some benefits and drawbacks. For example, those who qualify under the First Offender Act will likely have stricter probation terms than those who do not. There is also the risk of harsher penalties should you violate the terms of your probation. In addition, you can only use this Act once in your life.
After successfully completing First Offender Act probation, your case is sealed
Those who successfully complete First Offender Act probation will have their cases sealed on the Georgia criminal history database, and the charge will not show up as a conviction on their record or most employment background checks. You are not required to report the discharge of your criminal offense to potential employers. On the other hand, there are some potential drawbacks. These include:
- Your criminal record may still be available through other databases, such as court docket books or criminal justice agency websites.
- County clerks maintain files for all criminal proceedings, including First Offender pleas. In other words, your case may be publicly accessible.
- A record of your arrest may appear on private background checks conducted by employers.
Is it worth it? You should speak with your attorney about the pros and cons of taking a First Offender Act plea.
Talk to a Smyrna, GA Criminal Defense Lawyer Today
The Cobb County criminal defense lawyers at Andrew L. Schwartz, P.C. represent the interests of those who are facing misdemeanor charges and might want to look into the First Offender Act. Call our office today to schedule an appointment, and we can begin discussing your options right away.
