Could someone tell me what the "first offenders act" is. My brother was sentenced to 4 yrs. and he is only 4 months in to his sentence right now. I guess someone on the "inside" mentioned the "first offenders act" to him and told him to find out the ins and outs of it before he request it, since this is the first time hes ever been in "trouble". If it is something he may want to do how would we go about doing it? He had a court appointed atty. that quite frankly wouldn't have been able to "plea bargin" an auctioneer. Thank you very much for any info you can share.
I don't know about other states but in Michigan the act that covers first offenders or young offenders has to be used during the sentencing phase... Other states may be different and there are always appeals to try and make them use it... Most here just get county or probation under it...
I know about the First Offender Act here in GA, and it basically goes like this. Say you were charged with illiegal possession of a firearm, for this type of crime probation is the usual. The judge might sentence you to five years probation, some community service, and a $1000 fine. After you successful complete the probation, community service and pay the fine then your record would be clean. The crime disappears from your record. From my understanding you can only use the First Offender Act in certain crimes, mainly misdeamenors and a few felonies, but nothing realllllly serious. This is how it works in Georgia every state is different, but I hope that this helps you out a little. If you want I can try and see if I can find anything out about other states?
ooo I forgot to explain how is disappears. Say your charge was a non-serious felony, after you complete all you are required to complete and you apply for a job, when asked if you have ever been charged with a felony you can say no and they will never know. The key to this is it can only be used ONCE, kind of like pleading NO-LO.
Hi, I saw your post and wanted to let you know what the FOA is in GA. It is as follows:
Upon a verdict or plea of guilty or nolo contendere, but before an adjudication of guilt, the court may, in the case of a defendant who has not been previously convicted of a felony, without entering a judgment of guilt and with the consent of the defendant, defer further proceeding and place the defendant on probation as a first offender.
If the terms of the first offender sentence are successfully completed, and the probationer discharged, the arrest record is sealed. GCIC must receive official notification that the subject has successfully completed the FOA requirements. The record is not automatically sealed based on the elapse of the probation sentence.
Georgia law (O.C.G.A. § 42-8-65(b)) requires GCIC to change the first offender sentence to a conviction if, prior to successful discharge, the subject is arrested and convicted of another offense while still on first offender probation. Courts may also revoke a first offender sentence, indicate unsatisfactory completion of the first offender sentence or change to an adjudication of guilt.
I don't know if it is the same where you are but maybe it is close. Good luck and God bless!
Sorry for the delays on this one. Here is what I have found so far on First Offenders Act for Ohio: I hope this helps some Work has bewn keeping me busy sorry
If you have been convicted of an offense and are a first offender, you may qualify for expungement. By statute, application for expungement is made to the sentencing judge. Certain waiting periods, as described below, apply before a first offender may apply for expungement. The final decision to grant or deny expungement is in the discretion of the sentencing judge. Please note that even though a criminal conviction has been expunged, it may still be used as specified in Ohio Revised Code section 2953.32(D), (E), (F) & (G), and Ohio Revised Code Chapter 2950 [Sexual Predators, etc.].
A first offender means anyone who has been convicted of an offense in this state or any other jurisdiction and who previously or subsequently has not been convicted of the same or a different offense in this state or any other jurisdiction, Ohio Revised Code 2953.31(A).
When two or more convictions result from or are connected with the same act or result from offenses committed at the same time, they shall be counted as one conviction. When two or three convictions result from the same indictment, information, or complaint, from the same plea of guilty, or from the same official proceeding, and result from related criminal acts that were committed within a three-month period but do not result from the same act or from offenses committed at the same time, they shall be counted as one conviction, provided that a court may decide as provided in division (C)(1)(a) of section 2953.32 of the Revised Code that it is not in the public interest for the two or three convictions to be counted as one conviction Except as otherwise provided ], the following do not constitute a previous or subsequent conviction, Ohio Revised Code 2953.31(A):
A conviction for a minor misdemeanor [up to a $150 fine only], for a violation of any section in Chapter 4507, 4510 [License offenses], 4511[Traffic Offenses], 4513 [Traffic Equipment - Loads], or 4549 [Motor Vehicle Crimes] of the Revised Code, or for a violation of a municipal ordinance that is substantially similar to any section in those chapters is not a previous or subsequent
The following, however, are considered a previous or subsequent conviction. Ohio Revised Code 2953.31(A):
A conviction for a violation of section 4511.19 [DUI], 4511.251[Street Racing], 4549.02 [Leaving the Scene], 4549.02 [Leaving the Scene]1, 4549.03 [Leaving the Scene], 4549.042 [Illegal Possession of a Master Key], or 4549.62 or sections 4549.41 to 4549.46 [Odometer Related Offenses] of the Revised Code, for a violation of section 4510.11 or 4510.14 of the Revised Code that is based upon the offender's operation o f a vehicle during a suspension imposed under section 4511.191 or 4511.196 of the Revised Code, for a violation of a substantially equivalent municipal ordinance, for a felony violation of Title XLV of the Revised Code, or for a violation of a substantially equivalent former law of this state or former municipal ordinance shall be considered a previous or subsequent conviction
In any case, and as required in Ohio Revised Code Section 2953.36, the following do not qualify for expungement:
Convictions when the offender is subject to a mandatory prison term.
Convictions of a felony of the first or second degree.
Convictions for the sex offenses under Ohio Revised Code sections 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.32.1, 2907.32.2, or 2907.32.3, former section 2907.12.
Convictions under Chapter 4507, 4510, 4511, or 4549, or a conviction for a violation of a municipal ordinance that is substantially similar to any section contained in any of those chapters.
Convictions of an offense of violence [Ohio Revised Code section 2901.01(A)(9)] when the offense is a misdemeanor of the first degree or a felony and when the offense is not a violation of Ohio Revised Code sections 2917.03 [Riot], 2903.13 [Assault], 2917.01 [Inciting to Violence] or 2917.31 [Inducing Panic] that is a misdemeanor of the first degree.
Convictions of an offense in circumstances in which the victim of the offense was under eighteen years of age when the offense is a misdemeanor of the first degree or a felony. [This includes child endangerment convictions.]
Bail forfeitures in a traffic case as defined in Traffic Rule
Waiting period Except as provided in Ohio Revised Code section 2953.61, a first offender may apply for expungement at the expiration of three years after the offender's final discharge if convicted of a felony, or at the expiration of one year after the offender's final discharge if convicted of a misdemeanor. Ohio Revised Code section 2953.32. In general, final discharge means you have completed what the judge ordered, such as the jail term imposed, the period of probation, and paid all fines and restitution.