Facing criminal charges is always unnerving, but when it’s the first time, you might be especially overwhelmed. A plea deal might seem like the fastest way to move on—but pleading guilty without fully understanding your options can lead to long-term consequences.
Georgia’s First Offender Act offers a rare opportunity for eligible individuals to avoid a conviction—even after pleading guilty. And if you’ve already resolved a case without knowing about this option, you may still have a second chance through something called Retroactive First Offender.
What Is the Georgia First Offender Act?
The First Offender Act (Georgia Code §42-8-60) allows certain first-time defendants to plead guilty or no contest and complete their sentence without a conviction being entered.
After successful completion, the case is closed, and the criminal record is sealed from most background checks.
This program doesn’t eliminate punishment—it simply provides a legal path to avoid a conviction. It can only be used once in a lifetime and must be requested during sentencing.
Who Qualifies for First Offender Treatment in Georgia?
To be eligible, you must meet these criteria:
- No prior felony convictions (in any state)
- You’ve never used First Offender before
- Your current charge is not on the list of excluded offenses
Charges that disqualify someone from First Offender treatment include:
- Serious violent felonies (e.g., murder, armed robbery, rape)
- Certain sexual offenses, including child molestation and sexual exploitation of minors
- DUI and other excluded crimes listed under Georgia law
A criminal defense attorney can confirm whether your charge qualifies.
How the Process Works
If you’re eligible, your attorney must notify the court of your intent to request First Offender treatment before a judge enters a conviction. The prosecutor must be informed, and the judge has the final say.
If accepted, you may still face:
- Jail or probation
- Court-ordered programs
- Fines or restitution
If you complete all requirements successfully, your case will be discharged, and the record sealed from most public background checks.
What Happens If You Violate the Terms?
If you commit another offense or fail to meet your sentencing terms, the judge can revoke your First Offender status. The court may then enter a conviction retroactively, and you could face the full sentence for the original charge.
What If I Was Never Told About First Offender?
You may be eligible for Retroactive First Offender (RFO) treatment under O.C.G.A §42-8-66. This allows someone who wasn’t informed about First Offender status during sentencing to request it after the fact. To qualify:
- You were never advised about First Offender at sentencing
- You’ve never used it before
- You had no prior felony convictions at the time
- Your conviction was not for an excluded offense
The prosecutor must consent before the petition is filed. If the judge approves, your conviction will be removed, and your record sealed.
Does Retroactive First Offender Remove the Conviction From My Record?
Yes. Once granted, RFO removes the conviction entirely. You will be exonerated of guilt, and for most employment or housing applications, you can legally answer “no” to the question: “Have you ever been convicted of a crime?”
However, you may still need to take steps to seal the record from private background checks. That includes requesting a Purpose Code E copy of your criminal history and, if necessary, filing a motion to seal court records.
Other Alternatives for First-Time Offenders
In addition to First Offender and RFO, Georgia offers:
- Pretrial diversion programs for misdemeanors and non-violent offenses
- Conditional discharge for specific drug charges
These can also help you avoid a conviction, but keep in mind that approval is case-specific and depends on prosecutorial discretion.
Why You Shouldn’t Plead Guilty Without Legal Advice
Accepting a plea deal might sound simple, but it could mean losing your one chance to protect your record. If you’re a first-time offender in Georgia—or believe you should’ve been treated as one—talk to a defense lawyer before signing anything in court.
Talk to a Georgia Criminal Defense Lawyer Today
You only get one shot at First Offender treatment. If this is your first arrest, or if you believe your past case may qualify for Retroactive First Offender, contact Gregory Bushway at Bushway Law Firm in Macon, GA.
He will review your eligibility, file the right motions, and help you avoid—or reverse—a permanent criminal record.
