Jurist Dictionary: Defining The Georgia First Offender Act

In the state of Georgia, the First Offender Act provides certain individuals facing criminal

charges the chance to avoid having a permanent conviction on their record. It is not an

automatic right but rather a privilege that must be requested and approved by the court.

What It Means

If someone qualifies and successfully completes the terms of their sentence under First Offender

status, they will be legally exonerated of guilt. This means that, while they must still serve their

probation, incarceration, or other sentence terms, they will not have a conviction on their public

record once the sentence is completed.

A person in the state of Georgia who is approved for the First Offender program will benefit

from:

● No Conviction Record: Upon successful completion, the person is not considered to have

a criminal conviction.

● Employment & Housing Opportunities: This clean record can help with job applications,

licensing, and housing.

● Second Chance: It provides a one-time opportunity to move forward without the stigma

of a conviction.

Who Qualifies

Generally, a person may qualify if they:

● Have never been convicted of a felony (in Georgia or elsewhere).

● Are not facing certain serious charges, such as violent felonies, serious sex crimes, or

DUI.

● Are approved by the judge to be sentenced under the Act.

Important Limitations

The First Offender Act can be revoked if the First Offender fails to comply with the conditions set by the Court and the person will be adjudicated guilty—meaning they will then carry a permanent conviction (O.C.G.A. § 42-8-60). They can also be resentenced by the Judge to a sentence longer than the one they originally received.

A person can only utilize the First Offender Act one time in their life. Even if your qualification is revoked, you will no longer be eligible to use it for any other reason. 

Qualifying as a First Offender in Georgia gives eligible individuals a valuable second chance, but it requires full compliance with the court’s terms to preserve the benefit. If you or a loved one have been accused or convicted of a crime, the best way to understand your rights, eligibility, and to understand the best time to use this right is to speak with an attorney. Call Sara Stewart today to discuss your options.