Georgia’s First Offender Act: A Second Chance Or A Risk?
As a criminal defense attorney in Marietta, I often work with people who find themselves facing criminal charges for the first time. For many, the fear of a permanent criminal record is overwhelming. Georgia’s First Offender Act, under O.C.G.A. § 42-8-60, offers certain defendants the opportunity to avoid a conviction record if they successfully complete their sentence. It is sometimes described as a “second chance,” but it’s important to understand that it also comes with risks.
If you are granted First Offender status, you can plead guilty or be found guilty, but the court will not enter a conviction at that time. Instead, you will serve your sentence—whether that’s probation, jail time, or other conditions. If you complete everything successfully, the case is discharged, and you are not considered to have a conviction on your record. However, if you fail to comply, the court can enter a conviction and sentence you as if you never had First Offender status in the first place.
Who Qualifies For Georgia’s First Offender Act
Not everyone can use the First Offender Act. According to O.C.G.A. § 42-8-60, you may be eligible if you have never been convicted of a felony in Georgia or elsewhere, and the charge you’re facing is not excluded from the program. Certain serious offenses—like violent felonies, sexual offenses, and DUI—are not eligible.
Eligibility is a starting point, not a guarantee. The judge must agree to sentence you under the First Offender Act, and in many cases, the prosecutor’s opinion will carry weight. Having an attorney present your background, the facts of your case, and your potential for rehabilitation can make a significant difference.
How The Process Works
If you are granted First Offender treatment, you will enter a plea of guilty or be found guilty after trial. The judge will sentence you as they would in a regular case, but they will withhold the adjudication of guilt. This means there is no conviction entered at that time. You must then comply with all the terms—such as probation, counseling, fines, restitution, or community service—set by the court.
Once your sentence is complete, the court will issue an order of discharge under O.C.G.A. § 42-8-62. That discharge means you are not considered to have a criminal conviction, and for most purposes, you can legally say you have not been convicted.
The Benefits Of First Offender Status
The most obvious benefit is avoiding a criminal conviction on your record. This can make a huge difference in employment, housing, licensing, and other areas of life. Your record will still show that you were charged, and in some cases that you were sentenced, but it will not show a conviction if you complete the program.
Another benefit is that certain First Offender records can later be sealed from public view under Georgia’s record restriction laws. This can further protect you from the long-term consequences of your charges.
The Risks You Need To Understand
The First Offender Act is not a free pass. If you fail to comply with the terms of your sentence—by missing probation meetings, committing another offense, or failing a drug test—the judge can revoke your First Offender status under O.C.G.A. § 42-8-60(d). If that happens, the court can enter a conviction on your record and re-sentence you, up to the maximum penalty for your original charge.
This risk is why I tell clients they must be confident they can follow every condition before accepting First Offender treatment. Once you lose First Offender status, you cannot get it back for the same case.
How We Advise Clients
When we meet with clients considering First Offender treatment, we review the strength of the evidence, the nature of the charge, their background, and their ability to meet all sentencing requirements. In some cases, it may make more sense to fight the charges at trial rather than accept First Offender status. In other cases, it can be the best option for avoiding a conviction and moving forward with a clean slate.
The key is making an informed choice. We make sure our clients understand both the benefits and the risks before they make that decision.
First Offender Frequently Asked Questions
Can First Offender Status Be Used More Than Once In Georgia?
No. You only get one opportunity to use the First Offender Act. If you have previously been sentenced under the Act, you cannot use it again for another charge.
Can My Employer See My First Offender Case?
Yes, while you are still serving your sentence, the case will appear on your record. Once your sentence is complete and you receive a discharge, it will not be listed as a conviction. However, certain employers—especially in government, law enforcement, and security-sensitive positions—may still see the full record.
Is DUI Eligible For First Offender Status?
No. Under Georgia law, DUI charges are specifically excluded from the First Offender Act.
Can I Get My First Offender Record Sealed?
In many cases, yes. Once your sentence is complete and you have been discharged without a conviction, you may be eligible for record restriction under O.C.G.A. § 35-3-37. This can hide the record from public background checks.
What Happens If I Am Arrested While Serving A First Offender Sentence?
If you are arrested for another offense while serving your First Offender sentence, the judge can revoke your status, enter a conviction for the original charge, and impose the full sentence allowed by law.
Can I Still Vote Or Own A Firearm During My First Offender Sentence?
While your sentence is active, certain rights may be restricted, including firearm possession. Once your discharge is complete and you are no longer under supervision, your rights may be restored depending on the charge.
Do I Need An Attorney To Request First Offender Status?
While you are not required to have an attorney, having one is strongly recommended. The decision to grant First Offender treatment is up to the judge, and an attorney can present your case in the most favorable light and ensure you understand all consequences.
Call The Mazloom Law Firm For Exceptional Representation
If you are facing criminal charges in Georgia and want to know whether the First Offender Act could help you, The Mazloom Law Firm, LLC is here to guide you. We will carefully review your situation, explain your options, and work to protect your future.
To receive a free consultation, call our Marietta criminal defense lawyer at The Mazloom Law Firm, LLC, by calling 770-590-9837. Let us fight for you. We have offices in Marietta and Atlanta, and we represent clients in Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale counties.
