Leveraging Georgia’s First Offender Act: How to Keep a Conviction Off Your Record for a One-Time Mistake
When someone makes a mistake and ends up in court, the long-term impact of a conviction can be overwhelming. In Georgia, the First Offender Act offers a second chance without the burden of a criminal record. For many first-time offenders, this law can be the difference between a future with limitations and one with a clean slate.
What the First Offender Act Actually Does
Georgia’s First Offender Act (O.C.G.A. § 42-8-60) lets eligible defendants avoid a formal conviction if they meet the requirements and successfully complete their sentence. The person pleads guilty, but the court withholds adjudication. If the individual finishes probation and any other conditions, the case is dismissed and the record is restricted.
This legal outcome is not automatic. The person must request First Offender status at the time of sentencing, and the judge must approve.
Offenses That Do Not Qualify
Not every charge qualifies under the First Offender Act. Ineligible offenses include serious crimes such as murder, armed robbery, child molestation, and DUI. It also cannot be used more than once. If someone has already received First Offender treatment in a past case, they are no longer eligible.
Retroactive Relief for Missed Opportunities
Some individuals were never told about the First Offender option at the time of their original case, even though they were eligible. In these cases, they may file a petition for Retroactive First Offender (RFO) status.
This requires:
- Consent from the prosecutor
- A review hearing in court
- Evidence showing the person was originally eligible
If granted, the conviction is wiped from the record, and the case is sealed at the state level.
We Help You Use the Law to Protect Your Future
At Morris & Dean, we help clients use Georgia’s First Offender Act to avoid permanent damage from a one-time mistake. If you are facing charges or if you believe you were eligible but never informed, we can review your case and guide you through the process.
Keeping your record clean matters for jobs, housing, and peace of mind. Contact us to schedule a confidential consultation.