Georgia First Offender Act (O.C.G.A. § 42-8-60): eligibility, how it works in Bibb County, record restriction, and what happens if you violate probation
If you’ve been charged with a crime in Bibb County, you may have heard someone mention “first offender status” or getting your record “sealed.” It sounds promising, but most people don’t understand how it actually works, what it requires, or what happens if you violate the terms.
This guide covers the rules that decide eligibility, how First Offender is granted in practice, and how people lose it.
Do You Need to Talk to a Lawyer Right Now?
Stop reading and call an attorney immediately if any of these apply to you:
- You are not a U.S. citizen (including green card holders)
- You want to own or possess firearms after your case
- You are applying for a professional license (medical, legal, real estate, teaching, etc.)
- You are currently on First Offender probation and facing a potential violation
- You have an old First Offender case you never completed
These situations have serious consequences that require case-specific legal advice. General information is not enough.
Phone: 478-257-6333
Quick Summary: First Offender at a Glance
| Question | Answer |
|---|---|
| What is it? | A one-time opportunity to avoid a conviction by completing probation |
| Who qualifies? | People with no prior felony conviction who have never used First Offender before, if the charge is eligible and the judge approves |
| What’s excluded? | DUI, serious violent felonies, sex offenses requiring registration |
| What happens if I complete it? | Discharged without conviction; record may be restricted |
| What happens if I violate? | Conviction entered; may face prison; opportunity lost forever |
| Can I use it again? | No. One time only, for your entire life |
Big risk: You plead guilty. That admission can trigger immigration and licensing consequences even without a Georgia conviction.
What Is the First Offender Act?
The First Offender Act (O.C.G.A. § 42-8-60) allows certain first-time offenders to avoid a criminal conviction if they successfully complete their sentence.
How it works:
- You plead guilty or nolo contendere
- The court defers adjudication of guilt (no conviction is entered yet)
- You serve your sentence (probation, confinement, fines, etc.)
- If you complete everything successfully, you are discharged without a conviction under Georgia law
Critical distinction: First Offender is NOT a dismissal. You admit the conduct by pleading guilty. The benefit is that if you complete your sentence, no conviction is entered. But you have admitted guilt, and that admission has consequences (especially for immigration and firearms).
First Offender vs. Other Case Resolutions
| Resolution | Guilty Plea? | Record If Successful | Can Use Again? |
|---|---|---|---|
| First Offender | Yes (deferred adjudication) | May be restricted | No (one time only) |
| Pretrial Diversion | No | Dismissed | Depends on program |
| Plea to Lesser Charge | Yes | Permanent conviction | N/A |
| Trial (Not Guilty) | No | Dismissed | N/A |
| Trial (Guilty) | No | Permanent conviction | N/A |
When First Offender may be appropriate:
- Strong evidence against you makes trial risky
- The charge is serious enough to justify using your one-time opportunity
- You can realistically complete probation requirements
- You are a U.S. citizen with no immigration concerns
When other options may be better:
- The charge is minor (save First Offender for something more serious)
- You have a strong defense and reasonable chance at trial
- Pretrial diversion is available (results in dismissal, not admission of guilt)
- You are not a U.S. citizen
Who Is Eligible?
Basic Requirements
You must meet ALL of the following:
- Never convicted of a felony in Georgia or any other jurisdiction
- Never previously sentenced under the First Offender Act
- The current charge is not excluded by law
- You enter a plea of guilty or nolo contendere
Note: Prior misdemeanor convictions generally do not disqualify you from First Offender for a felony charge.
Charges That Are NOT Eligible
DUI offenses are statutorily excluded from First Offender treatment in Georgia, even for first-time offenders, although some jurisdictions may offer pretrial diversion programs that operate outside the First Offender framework.
Serious Violent Felonies (O.C.G.A. § 17-10-6.1):
- Murder and felony murder
- Armed robbery
- Kidnapping
- Rape
- Aggravated child molestation
- Aggravated sodomy
- Aggravated sexual battery
Sex Offenses: Offenses requiring sex offender registration are generally not eligible.
Serious Traffic Offenses: Vehicular homicide, hit and run with serious injury or death.
Charges That May Be Eligible
- Drug possession and some distribution charges
- Theft, shoplifting (felony level), receiving stolen property
- Forgery, fraud, identity theft
- Simple assault and battery (misdemeanor)
- Many other non-violent felonies and misdemeanors
Common eligible charges we see in Macon and Bibb County: possession of marijuana, possession of controlled substance, theft by taking, theft by receiving, forgery in the first degree, financial transaction card fraud, obstruction of an officer, simple battery, and criminal trespass.
Important: Statutory eligibility only opens the door. Judges close it every day. The prosecutor’s position matters, and the judge must approve.
How to Get First Offender Status in Bibb County
In Bibb County, felonies are typically handled in Superior Court, while many misdemeanors are handled in State Court. The exact court depends on the charge and how the case is filed. The process follows the same statutory framework, but local practice varies by courtroom and judge.
Step 1: Attorney Informs You of Eligibility
Under O.C.G.A. § 42-8-61, your attorney must inform you if you qualify. If you represent yourself, the court must inform you.
Step 2: Request Before Sentencing
Your attorney requests First Offender treatment before the court adjudicates guilt. This happens during plea negotiations or at the plea hearing.
Critical timing: Once the court has adjudicated you guilty and entered sentence, you cannot go back and request First Offender. The request must be made before judgment.
In plain English: if you want First Offender, it has to be decided at the plea and sentencing stage, not after.
Step 3: Prosecutor’s Decision
The prosecutor’s position heavily influences the outcome in most Bibb County courts. Factors that help: first-time offender, non-violent offense, acceptance of responsibility, stable employment. Factors that hurt: serious offense, pattern of arrests, victim opposition, prior failures to appear.
Step 4: Judge’s Approval
Even if the prosecutor agrees, the judge makes the final decision. The court “may” grant First Offender treatment; it is not required to.
Step 5: Sentencing
If approved, you enter your plea, the court defers adjudication, and you begin serving your sentence.
Probation Requirements
Once sentenced under First Offender, you must comply with all conditions. Failure to comply can result in revocation of First Offender status and entry of a conviction.
Standard Conditions
- Regular reporting to probation officer
- Payment of fines, fees, and restitution
- Completion of community service
- Attendance at required programs (anger management, substance abuse treatment, etc.)
- Drug and alcohol testing
- No new arrests or criminal conduct (a new arrest can trigger a violation process even if the new charge is later dismissed).
- Maintaining employment or education
- Not leaving Georgia without permission
- No possession of firearms
Probation Length
Georgia law does not set mandatory lengths. The judge has discretion. Common ranges (not guarantees): misdemeanors 12-24 months, non-violent felonies 3-5 years, more serious felonies 5-10 years.
What Happens If You Violate Probation?
Violating First Offender probation can result in revocation of your status and entry of a conviction.
Types of Violations
Technical violations: Missing appointments, failing to pay, not completing community service, failing drug tests, leaving state without permission.
New criminal conduct: Being arrested for a new crime. A violation can be alleged based on conduct that never results in a new conviction.
What Actually Triggers Revocation in Practice
- Missing your first report date after sentencing
- Unpaid fees snowballing into a warrant
- Travel without written permission
- Dirty drug screen (“I was just around it” is not a defense)
- New arrest, even if the new charge is later dismissed
- Failure to complete required classes by deadline
- Moving without notifying probation officer
- Contact with co-defendants or victims when prohibited
Violation Process
- Probation officer files violation report
- Judge may issue warrant (often no bond or high bond)
- You are arrested and held for hearing
- Formal hearing before judge (not jury)
- State must prove violation by preponderance of evidence (lower than “beyond reasonable doubt”)
Possible Outcomes
Warning or modification: Judge continues probation with stricter terms.
Revocation: Judge revokes First Offender status, enters conviction, and may impose any sentence authorized for the original offense, including prison.
This is permanent. Once revoked, you have a conviction and you have used your one-time opportunity.
If a warrant is issued, timing matters. Call an attorney before you turn yourself in. Phone: 478-257-6333
What to Do If You Violate
- Contact an attorney immediately (do not wait for warrant)
- Do not make statements to probation officer without legal advice
- Document circumstances if violation was beyond your control
- Begin corrective action if possible (reschedule, pay, enroll in treatment)
Related: Probation Violations in Bibb County: What Happens After a Warrant
Successful Completion and Discharge
If you complete all terms without violations, you are discharged without adjudication of guilt.
Discharge Process
- Probation officer files completion report
- Judge signs Order of Discharge
- Court notifies Georgia Crime Information Center (GCIC) to restrict record
- You may file separate motion under O.C.G.A. § 42-8-62.1 to seal court records from public access
What to Expect: Timeline
| Step | Typical Timing |
|---|---|
| Court discharge entered | Within days of probation completion |
| GCIC database update | Several weeks after court notification |
| Separate motion for court record sealing | Must be filed by you or your attorney |
| Private background check databases | May lag months; some retain old snapshots indefinitely |
What “Record Restriction” Means
Who typically cannot see your record: General public, most private employers, commercial background check companies, landlords.
Who can still see your record: Law enforcement, courts, prosecutors, federal agencies (FBI, immigration), many professional licensing boards.
Important: Restriction is not deletion. The records still exist; they are restricted from public view but not destroyed. Some private databases may still show old snapshots.
When You Can Legally Deny the Conviction
After successful discharge, Georgia law generally allows you to answer ‘no’ when asked if you have been convicted of a crime in most private contexts, but many denials and fraud allegations arise not from the criminal case itself, but from inaccurate answers on applications that ask about arrests or guilty pleas rather than convictions.
When You MUST Disclose
Georgia statute (O.C.G.A. § 42-8-60(f)) explicitly requires disclosure in only two situations:
- Applying for employment with any law enforcement or criminal justice agency
- Applying for admission to practice law in Georgia
However: Many applications ask broader questions (“Have you ever been arrested?” or “Have you ever pled guilty?”). If the question asks about arrests or pleas (not just convictions), you must disclose. Read application questions carefully.
Special Topics
Firearms
Do not attempt to purchase or possess a firearm until a lawyer confirms your status under both Georgia and federal law.
Under Georgia law, because you were discharged without conviction, state firearms restrictions based on felony convictions may not apply. But other restrictions can apply depending on the charge, the sentence terms, and federal interpretation.
Under federal law (18 U.S.C. § 922(g)), the question is whether First Offender counts as a “conviction” for firearms purposes. In practice, attempting to purchase or possess a firearm after a First Offender case without written legal clearance is one of the fastest ways to create a new federal felony charge.
Before attempting to purchase or possess firearms:
- Consult an attorney who can evaluate your specific case under both state and federal law
- Understand that unlawful possession is a federal felony carrying significant prison time
Professional Licensing
Many Georgia licensing boards require disclosure of arrests and charges, not just convictions. This includes medical, nursing, pharmacy, legal, education, real estate, accounting, and many others.
Even after successful discharge, you may need to disclose the First Offender case if the application asks about arrests or guilty pleas.
Lying on a license application can result in denial, revocation, or criminal charges.
Immigration (Non-U.S. Citizens)
This is the most critical warning in this entire guide.
Federal immigration law defines “conviction” differently than Georgia law. Under the Immigration and Nationality Act § 101(a)(48), a conviction includes a guilty plea plus any form of punishment or restraint.
Because First Offender requires a guilty plea and a sentence, federal immigration authorities may treat your First Offender case as a conviction even though Georgia law says you were discharged without conviction.
Possible consequences:
- Deportation/removal
- Denial of naturalization (citizenship)
- Inadmissibility (cannot get green card, cannot reenter after travel)
- Loss of visa or immigration status
Drug offenses, crimes involving moral turpitude, domestic violence, and firearms offenses carry particularly severe immigration consequences.
If you are not a U.S. citizen:
- Inform your criminal defense attorney immediately
- Consult an immigration attorney before accepting any plea
- Obtain written advice about immigration consequences
- Consider trial even if First Offender is offered
Frequently Asked Questions
Can I use First Offender for DUI?
DUI offenses are statutorily excluded from First Offender treatment in Georgia, even for first-time offenders, although some jurisdictions may offer pretrial diversion programs that operate outside the First Offender framework.
Do I have to plead guilty?
Yes. You must enter a guilty plea or nolo contendere. The court defers adjudication, but you are admitting the conduct.
Will it show up on background checks?
While on probation, yes. After successful discharge and record restriction, most private employers and commercial background companies should not see it. Law enforcement and federal agencies still can. Some private databases may retain old snapshots.
What if I never finished probation years ago?
Your case may still be open. There may be an outstanding warrant or the court may have already revoked your First Offender status in your absence. Contact an attorney immediately.
Can I leave Georgia while on probation?
You need written permission from your probation officer. Permanent relocation requires Interstate Compact transfer, which takes 30-90 days and requires approval from both states.
What if I’m arrested for a new crime while on probation?
Two separate proceedings: the new charge and a probation violation on your First Offender case. The violation can be filed based on arrest alone, even without conviction on the new charge.
Does First Offender affect student loans?
FAFSA no longer asks about drug convictions. After successful discharge (no conviction under Georgia law), it should not affect federal financial aid.
Our Experience
At Prine Law Group, two of our three attorneys serve in prosecutorial roles:
- Joseph R. Prine Jr. – Solicitor for Twiggs County Probate Court
- Dylan “Zane” Hasty – Assistant Solicitor for Twiggs County Probate Court and Perry Municipal Court
We do not use or claim special access; we use procedural familiarity and case strategy.
Our approach:
- Evaluate eligibility under the statute
- Assess whether First Offender is appropriate for your circumstances
- Analyze whether trial is a better option
- Negotiate charges and probation terms
- Prepare mitigating evidence for sentencing
- Represent you at violation hearings if issues arise
Contact Us
Prine Law Group 740 Mulberry Street, Macon, Georgia 31201 Phone: 478-257-6333
Areas Served: Macon, Dublin, Perry, Bibb County, Laurens County, Twiggs County, Monroe County, and communities throughout Middle Georgia.
Free Consultation. Confidential. No obligation.
Legal Disclaimer
This article provides general information about Georgia’s First Offender Act. It is not legal advice for your specific case.
Past results do not guarantee future outcomes.
Every case is different. Eligibility depends on your criminal history, the charges, prosecutorial agreement, and judicial approval. Nothing in this article predicts or guarantees any outcome.
Reading this article does not create an attorney-client relationship with Prine Law Group.
If you have been charged with a crime, contact a criminal defense attorney.