The Georgia First Offender Act is a sentencing option that allows certain first-time offenders to avoid a permanent criminal record (record restriction). Under this act, eligible individuals can plead guilty or nolo contendere (nolo) to a charge without facing misdemeanor convictions.
After you complete your sentence, the court drops the charge. There is no guilty verdict, so your criminal record stays private.
Larry Kohn is a leading criminal defense lawyer in Atlanta, Georgia. He has over 500 AVVO 5-star reviews. Larry has a lot of experience helping clients understand the First Offender Act Georgia. This powerful legal tool offers a second chance to eligible individuals facing their first criminal charge.
Georgia First Offender Act Rules
To participate in the Georgia First Offender Act you must meet specific legal requirements:
- The accused must have no prior felony convictions in any state.
- You cannot have previously been sentenced as a first offender.
- The offense must not be excluded by law (e.g., serious violent felonies, most sexual offenses, a felony charge).
Benefits and Limitations
The benefits of First Offender treatment include no official conviction on your record. You may also have your record cleared if you complete the program successfully. This program can help you keep a steady job and find good housing.Potential Drawbacks
Talk to Larry Kohn about the benefits and possible downsides of the First Offender Act. This includes stricter probation terms as compared to regular sentencing. There is also a risk of harsher penalties if probation is violated. Remember, you can use this opportunity only once in a lifetime.
Larry Kohn’s Approach to First Offender Act Cases
With years of experience handling First Offender Act cases, Larry Kohn takes a personalized approach to each client’s situation:
- Thorough case evaluation to determine eligibility.
- Clear explanation of the act’s benefits and potential risks.
- Strategic negotiation with prosecutors for optimal terms.
- Ongoing support throughout the probation period.
Frequently Asked Questions
Q: Can I buy and own a gun under the Georgia First Offender Act?
A: While under First Offender probation, you cannot possess firearms. However, upon successful completion and discharge from the program, your gun rights are typically restored. Learn more about the Georgia First Offender Act and gun rights from criminal defense lawyer Larry Kohn. Call (404) 567-5515 to schedule a free lawyer consultation, either in person or on the phone.
Q: How does the First Offender Act affect background checks?
A: After successful completion, the charge should not appear on most background checks. However, certain government agencies may still have access to the sealed record.
Q: What happens if I violate my First Offender probation?
A: Violations can result in the revocation of First Offender status, leading to a conviction and potentially harsher sentencing.
The Georgia First Offender Act provides an opportunity for eligible first-time offenders to avoid a permanent criminal record. Here are the key points about how it affects background checks:
Record Sealing
If you successfully complete the First Offender program your case will be sealed on the Georgia criminal history database and the charge will not show up as a conviction on most employment background checks. You do not have to report the discharge to potential employers.
However, there are some important caveats:
- The record may still be available through other sources like court docket books or criminal justice agency websites.
- County clerks maintain files of all proceedings, including First Offender pleas, which may be publicly accessible
The arrest and other public records may appear on private background checks conducted by employers.
Steps for Full Protection
To maximize privacy protection:
- Your attorney should file a Motion to Restrict Public Access to Records when entering the First Offender plea.
- After completing the program, ensure official notification is sent to the Georgia Crime Information Center (GCIC). The record is NOT automatically sealed.
- Submit a request to the court to have your DNA information destroyed, as this too is not done automatically.
Important Considerations
Government agencies can still see your full criminal history for employment and background checks. The record is not automatically sealed based on completion of probation – proper paperwork must be filed. First Offender pleas are still considered convictions for immigration purposes.
While the First Offender Act provides significant benefits for keeping your record clean, it’s crucial to take proactive steps to fully seal and restrict access to records. Consulting with an experienced attorney is advisable to ensure all proper procedures are followed.
The Georgia First Offender Act offers a valuable second chance, but navigating its complexities requires expert legal guidance. As a seasoned criminal defense attorney, Larry Kohn has the knowledge and experience to help you make the most of this opportunity.
Don’t let a first-time offense impact your future. Contact Larry Kohn today for a free consultation and learn how the Georgia First Offender Act could beneit your case. It is important to understand the implications of your actions while on Georgia first offender act probation.
If you find yourself facing a violation due to missed appointments, failed drug tests, or any other breach of the terms set by the court, the consequences can be serious. A violation not only jeopardizes your First Offender status but can also lead to a permanent criminal record, which can affect your employment opportunities, housing options, and more.
Staying informed and compliant with all probation requirements is crucial. If you do encounter a situation where you might be at risk of violating your probation, seeking legal advice immediately can make a significant difference. An experienced attorney can help you understand your rights, navigate the legal system, and potentially negotiate alternatives to revocation.
Larry Kohn is dedicated to providing personalized legal support tailored to your unique circumstances. He understands the stress and uncertainty that come with facing legal challenges and is committed to fighting for your best interests. With his guidance, you can work towards a resolution that keeps your future on track.
Don’t wait until it’s too late. Reach out to Larry Kohn today to discuss your situation and explore your options under the Georgia First Offender Act. Your future is worth protecting, and with the right support, you can move forward with confidence. Call (404) 567-5515 anytime day or night.