Georgia First Offender Act Attorneys
Last updated: May 2026
The Georgia First Offender Act lets a person plead to a charge without an entry of conviction, complete the sentence, and have the case discharged without a criminal record. It is one of the most powerful tools in Georgia criminal practice — but it is also one of the easiest to lose by accident.
Who qualifies for First Offender treatment in Georgia?
A person with no prior felony convictions can ask the court to sentence them under the First Offender Act. The court must agree. Several offenses are excluded by statute — serious violent felonies, certain sexual offenses, and a list of other charges. First Offender status must be requested at sentencing — it generally cannot be applied retroactively, though SB 288 created limited retroactive paths for some old cases.
How does the process work?
At sentencing, the lawyer asks the court for First Offender status. The court enters the plea but does not enter a conviction. The person completes probation, restitution, and any other conditions. At successful completion, the case is discharged with no conviction. A separate restriction petition is usually filed to clean up the court file.
If the person violates probation or picks up new charges, the court can revoke First Offender status and enter a conviction — sometimes for the maximum sentence available.
How long does it take?
The First Offender period equals the sentence — typically 1 to 5 years. Restriction after discharge takes 3 to 6 months.
How much does it cost?
Court fees vary by county. Attorney fees for the underlying case depend on the charge. Attorney fees for this path vary by case and attorney — ask for a written quote.
Frequently asked questions
Will my First Offender case show up on a background check during probation?
Yes. The arrest and the pending case typically appear until discharge. After successful discharge and restriction, most private background checks will not show it.
I completed First Offender years ago. Why does it still show up?
The discharge ends the conviction, but the court file and arrest record are often still visible. A separate restriction petition is needed to clean those up.
What happens if I get arrested during probation?
The court can revoke First Offender status and enter a conviction. This is one of the most serious risks of First Offender — the original charge becomes a conviction without a new trial.
Can I use First Offender for a felony charge?
Yes, for many felony charges. Several serious felonies are excluded by statute. The lawyer can confirm whether your charge qualifies.
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