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 even once.
At Prine Law Group, two of our three attorneys serve in prosecutorial roles in addition to their criminal defense practice. Joseph Prine serves as Solicitor for Twiggs County Probate Court, and Zane Hasty serves as Assistant Solicitor for both Twiggs County Probate Court and Perry Municipal Court. This dual perspective informs our understanding of how prosecutors evaluate cases, what judges consider in sentencing, and how the probation system operates.
This article explains how the First Offender Act works in Georgia, including eligibility requirements, the application process, probation obligations, and potential consequences of violations.
Important Disclaimer: This article provides general legal information about Georgia’s First Offender Act. It is not legal advice for your specific case. Every criminal case is different, and eligibility for First Offender status depends on your unique circumstances, criminal history, and the nature of the charges. Do not assume you qualify without consulting an attorney. Reading this article does not create an attorney-client relationship.
What Is Georgia’s First Offender Act?
The First Offender Act is a Georgia law that allows certain first-time offenders to avoid a criminal conviction if they successfully complete their sentence. The law is codified in O.C.G.A. § 42-8-60 and related statutes.
How the First Offender Act Works
Under O.C.G.A. § 42-8-60(a), when a defendant who has not been previously convicted of a felony enters a plea of guilty or nolo contendere, the court may, with the defendant’s consent:
- Defer adjudication of guilt (not enter a judgment of conviction)
- Sentence the defendant to probation, confinement, or both
- Discharge the defendant without adjudication upon successful completion
This means you plead guilty, but the court does not adjudicate you guilty at that time. If you complete all requirements successfully, you are discharged under O.C.G.A. § 42-8-60(e) “without court adjudication of guilt.”
Critical distinction: First Offender status is NOT the same as having your case dismissed. You admit the conduct by pleading guilty. The benefit is that if you complete your sentence successfully, you are discharged without an adjudication of guilt—meaning no conviction is entered under Georgia law.
First Offender vs Regular Guilty Plea
| Aspect | Regular Guilty Plea | First Offender Status |
|---|---|---|
| Plea entered | Guilty or nolo contendere | Guilty or nolo contendere |
| Guilt adjudicated at sentencing | Yes | No (deferred) |
| Shows as conviction if completed | Yes (permanent) | No (under Georgia law) |
| Public record access | Yes (always) | May be restricted (§ 42-8-62.1) |
| Can be used again | N/A | No (one-time only) |
One-Time-Only Rule
Under O.C.G.A. § 42-8-60(a), you can only be sentenced as a first offender once in your lifetime. Even if:
- You successfully completed First Offender probation decades ago
- The original charge was minor
- You have had no other criminal issues since
You cannot use First Offender status again for any subsequent offense. This makes the decision to accept First Offender status strategically important.
Who Is Eligible for First Offender Status in Georgia?
Eligibility for First Offender status depends on your criminal history and the nature of the current charge.
Basic Eligibility Requirements (O.C.G.A. § 42-8-60)
To be eligible, you must meet all of the following:
- You have never been convicted of a felony in Georgia or any other state or federal jurisdiction
- You have not previously been sentenced under the First Offender Act
- The current charge is eligible under Georgia law (see exclusions below)
- You enter a plea of guilty or nolo contendere and consent to First Offender treatment
Important: “Never been convicted of a felony” means any felony conviction in any jurisdiction at any time. A 30-year-old felony conviction from another state disqualifies you from Georgia First Offender status.
Prior Misdemeanor Convictions
Prior misdemeanor convictions generally do not disqualify you from First Offender status for a felony charge. You can have multiple misdemeanor convictions and still be eligible for First Offender on a new felony (assuming the felony itself is eligible).
Charges That Are NOT Eligible for First Offender
Georgia law specifically excludes certain offenses from First Offender treatment.
DUI Offenses – NOT ELIGIBLE
CRITICAL: Under Georgia law and official legal opinions from the Georgia Attorney General’s Office, DUI offenses (O.C.G.A. § 40-6-391) are NOT eligible for First Offender status.
This means:
- You cannot use First Offender for a DUI charge
- This applies to first-time DUI and subsequent DUI offenses
- There is no “look-back period” exception for DUI
Important distinction: Some jurisdictions in Georgia may offer pretrial diversion programs or other alternative dispositions for DUI cases. These are NOT First Offender status under O.C.G.A. § 42-8-60. Diversion programs are separate mechanisms with different requirements and consequences. If you are facing a DUI charge, ask your attorney about all available options, but understand that statutory First Offender status is not one of them.
Serious Violent Felonies (O.C.G.A. § 17-10-6.1)
The following serious violent felonies are NOT eligible:
- Murder
- Felony murder
- Armed robbery
- Kidnapping
- Rape
- Aggravated child molestation
- Aggravated sodomy
- Aggravated sexual battery
- Certain aggravated assaults
Serious Sexual Offenses (O.C.G.A. § 17-10-6.2)
Sexual offenses that require registration under Georgia’s Sex Offender Registry are generally not eligible for First Offender status.
Certain Offenses Against Law Enforcement
Some violent offenses committed against law enforcement officers that resulted in injury are excluded.
Certain Serious Traffic Offenses
Under O.C.G.A. § 40-5-54, certain serious traffic offenses are not eligible, including:
- Vehicular homicide
- Hit and run involving serious injury or death
Types of Charges That May Be Eligible
The following types of charges are generally eligible under Georgia law for First Offender status (subject to prosecutorial agreement and judicial approval):
Drug Offenses:
- Possession of controlled substances (O.C.G.A. § 16-13-30)
- Possession with intent to distribute (depending on circumstances)
Property Crimes:
- Theft by taking
- Theft by receiving stolen property
- Shoplifting (felony level)
Fraud Offenses:
- Forgery
- Financial transaction card fraud
- Identity fraud
Other Offenses:
- Simple assault (misdemeanor)
- Simple battery (misdemeanor)
- Many other non-violent felonies and misdemeanors
Important: Eligibility under the statute does not guarantee that the prosecutor will offer First Offender status or that the judge will grant it. Both must agree.
How to Obtain First Offender Status in Bibb County
First Offender status is not automatic. It must be requested, negotiated, and approved.
Step 1: Attorney Must Inform You of Eligibility
Under O.C.G.A. § 42-8-61, your attorney has a legal duty to inform you if you are eligible for First Offender status. If you are representing yourself (pro se), the court must inform you of your eligibility.
Step 2: Request First Offender Before Sentencing
Your attorney must request First Offender treatment before the court adjudicates guilt and enters sentence. This request is typically made:
- During plea negotiations with the prosecutor
- In a written motion filed with the court
- Orally at the plea hearing
Critical timing: Once the court has adjudicated you guilty and entered a sentence, you cannot go back and request First Offender status. The request must be made before judgment is entered.
Exception: In limited circumstances, O.C.G.A. § 42-8-66 may allow retroactive First Offender status if you were not properly informed of your eligibility and meet other requirements. This is rare and requires prosecutorial consent and court approval.
Step 3: Prosecutorial Decision
The prosecutor has discretion to recommend or oppose First Offender status. Factors prosecutors may consider include:
Factors favoring approval:
- First-time offender with no prior felony convictions
- Non-violent offense
- Acceptance of responsibility
- Ability to pay restitution (if applicable)
- Victim’s position (if applicable)
- Minimal prior arrest history
- Stable employment, education, or family support
Factors that may lead to opposition:
- Serious or violent offense
- Aggravating circumstances
- Pattern of arrests (even without convictions)
- Victim opposition
- Prior failures to appear
- Violation of bond conditions
Step 4: Judicial Approval
Even if the prosecutor recommends First Offender status, the final decision rests with the judge. Under O.C.G.A. § 42-8-60(a), the court “may” (not “must”) grant First Offender treatment. This means judicial approval is discretionary.
Factors judges typically consider:
- Criminal history (including dismissed charges)
- Nature and circumstances of the offense
- Defendant’s age, background, and ties to the community
- Likelihood of successful completion of probation
- Prosecutor’s recommendation
- Defense attorney’s arguments and mitigating evidence
Step 5: Sentencing Under First Offender
If First Offender status is granted, the following occurs at the sentencing hearing:
- Defendant enters guilty plea or nolo contendere
- Court defers adjudication of guilt (no conviction entered)
- Court imposes sentence (probation, confinement, fines, restitution, community service, etc.)
- Defendant acknowledges understanding of terms and consequences
- Probation begins or confinement is served
The defendant signs acknowledgment forms confirming understanding that:
- Violation of probation can result in revocation of First Offender status
- The court may then adjudicate guilt and impose any sentence authorized by law
- First Offender status can only be used once
Probation Requirements Under First Offender Status
Once sentenced under First Offender, you must comply with all conditions imposed by the court. Failure to comply can result in probation violation proceedings and potential revocation of First Offender status.
Standard Probation Conditions
Typical probation conditions in First Offender cases include:
- Regular reporting to a probation officer
- Payment of fines, fees, and restitution
- Completion of community service hours
- Attendance at required programs (anger management, substance abuse treatment, theft prevention, etc.)
- Submission to drug and alcohol testing
- No new arrests or criminal conduct
- Maintaining employment or education
- Not leaving Georgia without written permission
- Allowing probation officer home visits
- No possession of firearms (discussed in detail below)
Special Conditions by Offense Type
Courts may impose additional conditions based on the nature of the offense:
Drug Offenses:
- Substance abuse evaluation and treatment
- Frequent drug testing
- Attendance at support group meetings
- No contact with co-defendants
Theft/Fraud:
- Restitution payment to victims
- Financial management education
- No contact with victims or establishments where offense occurred
Assault/Battery:
- Anger management or mental health counseling
- No contact with victim
- Compliance with protective orders
Length of Probation
Georgia law does not mandate specific probation lengths for First Offender cases. The probation period is entirely within the sentencing judge’s discretion.
While certain ranges are commonly seen in practice, these are examples only and vary significantly based on:
- The nature and severity of the offense
- The defendant’s criminal history and circumstances
- The judge’s sentencing philosophy
- Recommendations from prosecutors and defense counsel
Example ranges (not guarantees):
- Misdemeanors: Often 12-24 months
- Non-violent felonies: Often 3-5 years
- More serious felonies: Often 5-10 years
These are illustrative examples only. Your actual probation length will be determined by the judge at sentencing and may be negotiable during plea discussions.
Probation Supervision in Bibb County
First Offender probationers sentenced in Bibb County courts are typically supervised by:
- Georgia Department of Community Supervision (felonies and some misdemeanors)
- Private probation companies (some misdemeanors)
- County probation departments (certain local offenses)
You will be assigned a probation officer and given a reporting schedule. Your first appointment is typically within 48-72 hours of sentencing.
What Happens If You Violate First Offender Probation?
Violating the terms of First Offender probation can result in revocation of your First Offender status and entry of a conviction.
Types of Probation Violations
Technical Violations:
- Missing probation appointments
- Failure to pay fines or restitution
- Not completing community service
- Failing drug or alcohol tests
- Leaving the state without permission
- Failing to maintain employment
- Not attending required classes
New Criminal Conduct:
- Being arrested for a new crime (even if not convicted)
- Engaging in criminal activity while on probation
Probation Violation Process
If your probation officer believes you have violated probation:
- Violation report filed: Officer submits report to the court detailing alleged violations
- Warrant issued: Judge reviews report and may issue probation violation warrant (often with no bond or high bond)
- Arrest: If warrant issued, you are arrested and held pending violation hearing
- Violation hearing: Formal hearing before the judge (not jury)
- State must prove violation by preponderance of evidence (not beyond reasonable doubt)
- You have right to attorney
- You may present evidence and testimony
- Judge determines if violation occurred
Possible Outcomes of Violation Hearing
If the court finds you violated probation, the judge may:
Option 1: Continue Probation with Warning
The judge may find a violation occurred but decide to continue probation without revoking First Offender status. This may occur for minor or first-time technical violations.
Option 2: Modify Probation Terms
The judge may:
- Extend the probation period
- Add more stringent conditions
- Require additional treatment or classes
- Impose additional community service
Option 3: Revoke First Offender Status
Under O.C.G.A. § 42-8-60(d), if the court determines you violated probation, the court may:
- Revoke First Offender status
- Enter adjudication of guilt
- Impose any sentence authorized by law for the original offense
This means you receive a conviction on your record and may be sentenced to any punishment allowed for the original charge, including jail or prison time.
This is permanent. Once First Offender status is revoked and guilt is adjudicated, you cannot undo the conviction, and you have used your one-time First Offender opportunity.
Defending Probation Violation Hearings
Defense strategies in probation violation proceedings may include:
Inability to Comply Defense:
Demonstrating the violation was due to circumstances beyond your control (medical emergency, job loss, etc.) rather than willful non-compliance.
Substantial Compliance Argument:
Showing overall compliance with probation terms and arguing isolated violations do not warrant revocation.
Mitigation Evidence:
Presenting evidence of efforts to remedy violations, employment stability, family responsibilities, and commitment to completing probation.
Challenging the Evidence:
Contesting the accuracy or reliability of violation evidence (e.g., drug test results, notice of appointments).
Requesting Modification Rather Than Revocation:
Arguing that modification of terms would be more appropriate than complete revocation of First Offender status.
What to Do If You Violate Probation
If you miss an appointment, fail a test, or are arrested while on First Offender probation:
- Contact an attorney immediately—do not wait for a warrant
- Do not make statements to your probation officer without legal advice
- Document circumstances if the violation was beyond your control
- Begin corrective action if possible (reschedule appointment, arrange payment, enroll in treatment)
- Do not ignore the situation
Proactive action before a formal violation warrant is issued may help resolve issues without formal proceedings.
Successful Completion and Discharge from First Offender Status
If you complete all terms of your First Offender sentence without violations, you will be discharged without an adjudication of guilt.
Discharge Process
Step 1: Probation Officer Files Completion Report
When all conditions are satisfied (probation period completed, fines paid, community service done, programs completed), your probation officer files a report with the court.
Step 2: Court Issues Order of Discharge
The judge reviews the completion report and signs an Order of Discharge. Under O.C.G.A. § 42-8-60(e), you are “discharged without court adjudication of guilt.”
Step 3: Record Restriction Process
The discharge triggers a two-part record restriction process:
Part 1: GCIC Notification and Restriction
Upon discharge, the court notifies the Georgia Crime Information Center (GCIC). GCIC then restricts the record in law enforcement databases. This process is triggered by the court’s notification, though the actual updating of databases may take several weeks.
Part 2: Court Record Sealing (Requires Separate Court Order)
Under O.C.G.A. § 42-8-62.1, limiting public access to court records requires a separate petition and court order. The defendant (or their attorney) must:
- File a motion requesting that court records be sealed from public access
- The court determines whether to grant the motion based on statutory criteria
- If granted, the court orders the clerk to restrict public access to court files
Important Distinction: GCIC restriction occurs through court notification following discharge. Court record sealing requires an additional legal proceeding and court order. They are separate processes.
Additional Note: Even with GCIC restriction and court record sealing, some private background check companies may still have records from earlier database snapshots. Complete removal from all private databases is not guaranteed.
What “Record Restriction” Means
After successful discharge and record restriction:
Who typically CANNOT access your record:
- General public
- Most private employers
- Most commercial background check companies
- Landlords
- Private citizens
Who CAN still access your record:
- Law enforcement agencies
- Courts and judges
- Prosecutors
- Criminal justice agencies
- Certain government agencies for specific purposes
- Professional licensing boards (in many cases)
- Federal agencies (FBI, immigration, etc.)
Important: Record restriction under Georgia law is NOT the same as expungement. The arrest and court records still exist in criminal justice databases. They are restricted from public view but not destroyed.
When You Can Legally Deny the Conviction
After successful discharge without adjudication of guilt, Georgia law generally allows you to answer “no” when asked if you have been convicted of a crime in most private contexts.
You may legally deny the conviction in:
- Most private employment applications
- Housing/rental applications
- General conversations
- Most private business dealings
When You MUST Disclose First Offender
Under O.C.G.A. § 42-8-60(f), Georgia law explicitly requires disclosure in only two circumstances:
- Applying for employment with any law enforcement agency or agency in the criminal justice system
- Applying for admission to practice law in Georgia
These are the only two situations where Georgia statute explicitly mandates disclosure.
Other Situations Where Disclosure May Be Required or Advisable:
While Georgia statute only explicitly requires disclosure for the two situations above, disclosure may also be required or advisable in other contexts depending on how application questions are worded:
- Professional licensing applications: Many Georgia licensing boards ask about arrests, charges, or guilty pleas (not just convictions). If the application asks these broader questions, you may need to disclose even though you were not convicted. Read application questions carefully.
- Federal applications: Federal agencies can see restricted records, and federal law may not recognize Georgia’s First Offender discharge the same way state law does. Federal applications often have different disclosure requirements.
- Testifying under oath: In criminal proceedings, First Offender cases may be used for impeachment purposes if you testify.
Critical: Always read application questions carefully. If an application asks “Have you ever been arrested?” or “Have you ever pled guilty?” these are different questions than “Have you ever been convicted?” Consult an attorney if you are unsure how to answer any disclosure question.
Firearms and First Offender Status
Federal vs Georgia Law on Firearms
Firearms restrictions are governed by both state and federal law, and they may conflict when it comes to First Offender status.
Under Georgia Law:
Because First Offender results in discharge without adjudication of guilt (no conviction entered under Georgia law), state firearms restrictions based on felony convictions generally do not apply.
However: Georgia law contains various firearms restrictions beyond felony convictions. Depending on the specific offense you were charged with and the terms of your First Offender sentence, there may be state-law firearms restrictions that apply. Each case is different.
Under Federal Law:
Federal firearms law (18 U.S.C. § 922(g)) prohibits firearm possession by persons “convicted” of crimes punishable by more than one year imprisonment.
The question is whether federal law treats First Offender as a “conviction” for firearms purposes. Federal courts have issued varying interpretations, and the answer depends on:
- The specific terms of your First Offender sentence
- Whether you were subject to probation supervision
- How federal authorities interpret Georgia’s First Offender statute
- Individual case circumstances
- Changes in federal case law and regulations
Restoration of Gun Rights in Georgia
The Georgia State Board of Pardons and Paroles handles restoration of rights issues in Georgia. Even though you were discharged without conviction under state law, questions about firearms eligibility—especially under federal law—may require formal action or determination.
Critical Advice on Firearms
Do not assume your firearms rights are restored after First Offender discharge.
Before attempting to purchase or possess firearms:
- Consult an attorney who can evaluate:
- Whether federal law treats your First Offender case as a “conviction” for firearms purposes
- Whether your specific sentence terms affect federal firearms eligibility
- Whether Georgia law imposes any firearms restrictions based on your specific offense
- Whether you need to seek restoration of rights or other relief
- Consider the consequences: Unlawful possession of a firearm is a federal felony carrying significant prison time.
- Contact the Georgia State Board of Pardons and Paroles if you need official determination of your firearms eligibility.
The interaction between Georgia First Offender law and federal firearms law is complex and case-specific. Do not rely on general statements. Obtain legal advice specific to your case before making any decisions about firearm possession.
First Offender and Professional Licensing in Georgia
Many Georgia professional licensing boards require disclosure of criminal charges on license applications, even if the charges did not result in a conviction under Georgia law.
Professional Licenses That Typically Require Disclosure
The following Georgia licensing authorities generally require applicants to disclose arrests and criminal charges (not just convictions):
Medical and Healthcare:
- Georgia Composite Medical Board (physicians)
- Georgia Board of Nursing
- Board of Pharmacy
- Board of Dentistry
Legal:
- State Bar of Georgia (attorneys)
Education:
- Professional Standards Commission (teachers and educators)
Business and Finance:
- Georgia Real Estate Commission
- Board of Accountancy (CPAs)
- Department of Banking and Finance
Other Professions:
- Secretary of State professional licensing division
- Board of Cosmetology and Barbers
- Various contractor and trade licensing boards
What Licensing Application Questions Ask
Professional licensing applications typically ask questions such as:
- “Have you ever been arrested for or charged with a crime?”
- “Have you ever entered a plea of guilty or nolo contendere?”
- “Have you ever been convicted of a crime?”
Even if you successfully completed First Offender and were discharged without conviction, you may be required to answer “yes” to questions about arrests or charges and provide details.
How Licensing Boards Evaluate First Offender Cases
Each licensing board evaluates First Offender cases individually. Factors typically considered include:
- Nature and severity of the offense
- How long ago the offense occurred
- Whether probation was successfully completed
- Evidence of rehabilitation
- Relevance of the offense to the licensed profession
- Honesty and completeness of disclosure on application
Successfully completing First Offender demonstrates rehabilitation and is generally viewed more favorably than a conviction, but it does not eliminate the board’s ability to consider the underlying conduct.
Consequences of False Statements on License Applications
Critical: Lying on a professional license application is itself a basis for:
- Denial of the license application
- Revocation of an existing license
- Potential criminal charges for making false statements
If you have a First Offender case in your background and are applying for professional licensure, consult an attorney about how to accurately answer disclosure questions.
⚠️ CRITICAL WARNING FOR NON-U.S. CITIZENS
If you are not a United States citizen—including legal permanent residents (green card holders)—DO NOT accept First Offender status or any plea agreement without first consulting an immigration attorney.
Federal Immigration Law Defines “Conviction” Differently
Under federal immigration law (Immigration and Nationality Act § 101(a)(48)), a “conviction” includes:
- A formal judgment of guilt entered by a court, OR
- A plea of guilty or nolo contendere (or admission of sufficient facts) if a judge has ordered some form of punishment, penalty, or restraint
Because First Offender status requires:
- A guilty plea or nolo contendere plea, AND
- A sentence (probation, fines, confinement, etc.)
Federal immigration authorities may treat your First Offender case as a “conviction” even though Georgia law says you were discharged without conviction.
Immigration Consequences of First Offender
A First Offender case may result in:
Deportation/Removal:
- Many criminal offenses are deportable even if resolved through First Offender
- “Aggravated felonies” and “crimes involving moral turpitude” can trigger removal proceedings
Denial of Naturalization:
- Criminal conduct (even if not resulting in state conviction) can be a bar to citizenship
- “Good moral character” requirement may be affected
Inadmissibility:
- Inability to obtain green card or reenter the United States after travel abroad
- Denial of visa applications
Loss of Immigration Status:
- Revocation of visa, green card, or other immigration benefits
Offenses With Severe Immigration Consequences
Certain categories of offenses carry particularly serious immigration consequences, even when resolved through First Offender:
- Drug offenses (including simple possession)
- Crimes involving moral turpitude (fraud, theft, assault)
- Domestic violence offenses
- Firearm offenses
- Aggravated felonies (as defined by immigration law)
You Must Consult an Immigration Attorney First
Before accepting First Offender status or pleading guilty to any criminal charge:
- Inform your criminal defense attorney that you are not a U.S. citizen
- Consult an immigration attorney who can evaluate the specific immigration consequences
- Obtain written advice about how the plea will affect your immigration status
- Consider all options, including trial, even if First Offender is offered
Your criminal defense attorney—no matter how experienced—cannot provide immigration law advice unless they are also an immigration attorney. Immigration law is a specialized field of federal law that requires separate expertise.
Retroactive First Offender (O.C.G.A. § 42-8-66)
In limited circumstances, Georgia law allows defendants who were convicted without being informed of First Offender eligibility to seek retroactive First Offender status.
When Retroactive First Offender May Be Available
Under O.C.G.A. § 42-8-66, you may petition for retroactive First Offender if:
- You were eligible for First Offender at the time of sentencing
- You were not informed of your eligibility (in violation of O.C.G.A. § 42-8-61)
- The prosecutor consents to retroactive First Offender
- The court approves the petition
How Retroactive First Offender Works
If granted:
- Your conviction is set aside
- You are resentenced under First Offender
- You must complete probation and all conditions
- If successful, you are discharged without conviction
Important: Retroactive First Offender is discretionary and requires prosecutorial consent. It is not available in all cases. If you believe you may have been eligible for First Offender but were not informed, consult an attorney about whether retroactive First Offender is an option.
First Offender vs Other Case Resolutions
First Offender is one of several ways a criminal case may be resolved. Understanding the differences helps you evaluate whether First Offender is appropriate for your situation.
Comparison of Case Resolutions
| Resolution Type | Guilty Plea Required? | Record Status If Successful | Can Use Again? |
|---|---|---|---|
| First Offender Act | Yes (deferred adjudication) | May be restricted (with separate court processes) | No (one-time only) |
| Pretrial Diversion | No | Dismissed (may be eligible for record restriction) | Depends on program |
| Conditional Discharge | Sometimes | Varies by program | Depends on statute |
| Negotiated Plea to Lesser Charge | Yes | Permanent conviction | N/A |
| Trial – Not Guilty Verdict | No | Dismissed (may be eligible for record restriction) | N/A |
| Trial – Guilty Verdict | No | Permanent conviction | N/A |
When First Offender May Be Appropriate
First Offender status may be appropriate when:
- Facing a felony charge with significant collateral consequences if convicted
- Evidence of guilt is strong and trial carries substantial risk
- Defendant has no prior felony convictions
- Defendant has stable circumstances that make successful probation completion likely
- The charge is serious enough to justify using the one-time-only opportunity
- Negotiated probation terms are realistic and achievable
When Other Options May Be Better
First Offender may not be the best option when:
- The charge is a minor misdemeanor that doesn’t warrant using your one-time opportunity
- You have a strong factual or legal defense and reasonable chance of acquittal at trial
- Pretrial diversion or conditional discharge programs are available (which may result in dismissal without guilty plea)
- You cannot realistically comply with probation requirements
- Immigration consequences make any admission of guilt problematic
- You are not a U.S. citizen (see immigration warning above)
An experienced attorney can evaluate your specific case and advise which option provides the best outcome given your circumstances.
Frequently Asked Questions About Georgia First Offender Status
1. Can I get First Offender status for a felony charge?
Yes, if the felony is not specifically excluded by statute. Many non-violent felonies (drug possession, theft, fraud, forgery) are eligible for First Offender. However, serious violent felonies listed in O.C.G.A. § 17-10-6.1 (murder, armed robbery, rape, aggravated child molestation, kidnapping, aggravated sodomy, aggravated sexual battery) are NOT eligible.
2. Can I use First Offender for a DUI charge?
No. DUI offenses under O.C.G.A. § 40-6-391 are NOT eligible for First Offender status under Georgia law.
Some jurisdictions may offer pretrial diversion or other alternative programs for DUI cases, but these are not First Offender status under O.C.G.A. § 42-8-60. Ask your attorney about all available options.
3. Do I have to plead guilty to get First Offender status?
Yes. You must enter a plea of guilty or nolo contendere. The court then defers adjudication of guilt. If you successfully complete your sentence, you are discharged without the court ever adjudicating you guilty—so no conviction is entered under Georgia law. However, you must initially admit the conduct by entering the guilty plea.
4. Will my First Offender case show up on background checks?
While on probation: Your case is open and may appear on background checks.
After successful discharge:
- GCIC databases will be notified to restrict the record
- Court records may be sealed if you file a motion under O.C.G.A. § 42-8-62.1 and the court grants it
- Most private employers and commercial background check companies should not be able to see restricted records
- Some private background companies may retain records from earlier database snapshots
- Law enforcement, courts, prosecutors, and certain government agencies can still access restricted records
5. Can I own a firearm after completing First Offender?
This is highly case-specific and depends on both state and federal law.
Georgia law: Because you were discharged without conviction under state law, state-based felony firearms restrictions may not apply. However, Georgia law has various firearms restrictions beyond felony convictions that may apply depending on your specific offense.
Federal law: Federal firearms law (18 U.S.C. § 922(g)) may treat First Offender differently than Georgia law. Federal interpretation varies by case.
Do not attempt to purchase or possess firearms without consulting an attorney who can evaluate your specific case under both state and federal law. Contact the Georgia State Board of Pardons and Paroles for information about restoration of rights.
6. What if I never finished First Offender probation years ago?
If you were sentenced under First Offender but did not complete probation, your case may still be open. Possibilities include:
- An outstanding probation violation warrant
- Revocation of First Offender status in absentia
- Adjudication of guilt already entered
Contact a criminal defense attorney immediately to determine the current status of your case.
7. Can I leave Georgia while on First Offender probation?
You generally need written permission from your probation officer to leave the state. Leaving Georgia without permission is a probation violation.
If you are permanently relocating to another state, you may be able to transfer your probation through the Interstate Compact for Adult Offender Supervision (ICAOS). This requires approval from both Georgia and the receiving state and can take 30-90 days.
8. What happens if I’m arrested for a new crime while on First Offender probation?
A new arrest triggers two separate legal proceedings:
- The new criminal charge
- A probation violation on your First Offender case
The prosecutor can file a probation violation based on the new arrest alone, even if you have not been convicted of the new charge.
If arrested while on First Offender probation, consult an attorney immediately for both matters.
9. Does First Offender help if I’m not a U.S. citizen?
Not necessarily, and it may still have severe immigration consequences.
Federal immigration law may treat First Offender as a “conviction” even though Georgia law says it is not. This can result in deportation, denial of naturalization, inadmissibility, and loss of immigration status.
If you are not a U.S. citizen, you MUST consult an immigration attorney before accepting First Offender status. See the immigration warning section above.
10. After I complete First Offender, when must I disclose it?
Georgia statute explicitly requires disclosure in only two circumstances:
- Applying for law enforcement employment (O.C.G.A. § 42-8-60(f))
- Applying to practice law in Georgia (O.C.G.A. § 42-8-60(f))
Other situations where disclosure may be required depend on how questions are worded:
- Professional licensing applications often ask about arrests and charges (not just convictions)
- Federal applications may require disclosure
- Applications that ask “Have you ever been arrested?” or “Have you ever pled guilty?” require disclosure even though you were not convicted
Always read disclosure questions carefully. If unsure how to answer, consult an attorney.
11. How long does First Offender probation last?
Georgia law does not set mandatory probation lengths. The probation period is entirely within the judge’s discretion based on the offense and circumstances.
While certain ranges are commonly seen in practice (e.g., 12-24 months for misdemeanors, 3-5 years for non-violent felonies), these are examples only and not guarantees. Your actual probation length will be determined by the judge at sentencing.
12. What if I can’t afford to pay the fines?
You must still complete all financial obligations to be discharged. However, if you genuinely cannot afford to pay:
- Request a payment plan with extended time
- Request a modification hearing to adjust payment terms
- In some cases, request community service in lieu of fines
Do not simply stop paying. Contact your attorney if you are unable to meet payment obligations.
13. Does First Offender affect student loans or financial aid?
The FAFSA no longer includes questions about drug convictions (as of 2021-2022 academic year).
While on First Offender probation (before discharge), check with your school’s financial aid office about institutional policies regarding pending criminal cases.
After successful discharge, since you were not convicted under Georgia law, it should not affect federal financial aid eligibility.
14. Can I get First Offender if I have a prior felony conviction from another state?
No. O.C.G.A. § 42-8-60(a) requires that you have never been convicted of a felony “in this or any other state.” A prior felony conviction in any jurisdiction disqualifies you.
Prior misdemeanor convictions do not disqualify you.
15. Will First Offender show up on professional licensing background checks?
Many professional licensing boards have access to criminal justice databases that include restricted records. Additionally, licensing boards often require applicants to disclose arrests and charges (not just convictions).
If you have a First Offender case and are applying for professional licensure:
- Read application questions carefully
- Disclose the case if asked about arrests or charges
- Explain that you successfully completed First Offender and were discharged without conviction
- Consult an attorney if unsure how to answer
How Our Experience Informs Our First Offender Practice
At Prine Law Group, two of our three attorneys serve in prosecutorial roles in addition to their criminal defense work:
Joseph R. Prine Jr.
Solicitor for Twiggs County Probate Court
Dylan “Zane” Hasty
Assistant Solicitor for Twiggs County Probate Court and Perry Municipal Court
This dual perspective provides insight into how criminal cases are evaluated on both sides:
- How prosecutors assess cases for First Offender eligibility
- What factors influence prosecutorial recommendations
- How judges approach sentencing decisions
- How probation violations are evaluated
- When negotiation may be more effective than trial
Our attorneys have practiced in Bibb County Superior Court, Bibb County State Court, and courts throughout Middle Georgia since 2007.
Our Approach to First Offender Cases
When you consult our firm about a First Offender case, we:
- Evaluate eligibility under O.C.G.A. § 42-8-60
- Assess whether First Offender is appropriate given your circumstances
- Analyze the strength of the State’s case to determine if trial is a better option
- Negotiate with prosecutors regarding charges and probation terms
- Prepare for sentencing with mitigating evidence
- Provide guidance on probation compliance
- Represent you at violation hearings if issues arise
Important: Every case is different. Past results do not guarantee future outcomes. Outcomes depend on the specific facts, evidence, and circumstances of each case.
Take the Next Step
First Offender status can provide a second chance—but only if you understand how it works, qualify under the law, and successfully complete all requirements.
When to Contact an Attorney
Contact a criminal defense attorney if:
- You have been charged with a crime and want to know if First Offender is an option
- You are on First Offender probation and facing a potential violation
- You need to transfer probation to another state
- You have questions about disclosure requirements
- You never completed First Offender probation in the past
- You are not a U.S. citizen and need coordination with an immigration attorney
Critical: First Offender status must be requested before sentencing.
Important Legal Disclaimer
This article provides general information about Georgia’s First Offender Act. It is not legal advice for your specific case.
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.
Do not assume you qualify without consulting an attorney. The consequences of a conviction—or a First Offender violation—can permanently affect your life.
Reading this article does not create an attorney-client relationship with Prine Law Group.
If you have been charged with a crime in Macon, Bibb County, or Middle Georgia, contact Prine Law Group for a confidential consultation.
About Prine Law Group
Prine Law Group has represented clients facing criminal charges throughout Middle Georgia since 2007.
We offer:
- Free initial consultations
- Experienced criminal defense representation
- Direct communication with your attorney
Areas We Serve:
- Macon, Georgia
- Dublin, Georgia
- Perry, Georgia
- Bibb County
- Laurens County
- Twiggs County
- Monroe County
- Communities throughout Middle Georgia
Contact Us:
- Phone: 478-257-6333
- Address: 740 Mulberry Street, Macon, Georgia 31201
Our Attorneys:
- Joseph R. Prine Jr. (Solicitor for Twiggs County Probate Court)
- Dylan “Zane” Hasty (Assistant Solicitor for Twiggs County Probate Court and Perry Municipal Court)
- Michael William Barber
Free Consultation: Call 478-257-6333. Confidential. No obligation.
Prine Law Group | Experienced Trial Lawyers
740 Mulberry Street, Macon, Georgia 31201
Phone: 478-257-6333
This article is for informational purposes only and does not constitute legal advice.