In 1968, Georgia passed the First Offender Act, sometimes referred to as the “second chance” law. Under the First Offender Act, individuals are allowed to avoid conviction if they’ve never been previously convicted of a felony (with the exception of certain severe crimes like a serious violent felony or sexual assault).
These individuals are referred to as “first offenders,” since they’ve never committed a serious offense before.
If you plead guilty under first offender status, you are never formally convicted, and you will likely get off with a reduced sentence or even simply probation. It also opens up the possibility for the offender to apply for record restriction (previously known as “expungement”) after their sentencing, which would hide all records of their criminal activity from the public.
First-offender status isn’t automatic. You have to apply for it, and even then, it’s up to the discretion of the judge whether to grant it or not. But if you’re never even informed that this is a possibility, how are you supposed to take advantage of it? This is where retroactive first-offender status comes into play.
What Is Retroactive First Offender Status?
Retroactive first-offender status, or Retroactive Act 573 as it’s formally known, was passed by the Georgia General Assembly in 2018. This law allows individuals who had previously been convicted of a felony to apply for first-offender status retroactively.
In other words, if you were convicted of a felony before the Retroactive Act went into effect on July 1st, 2019, and would have qualified for first-offender status under current laws, you can now petition the court to have your conviction set aside and be granted retroactive first-offender status.
This means that instead of having a conviction on your record, you will have first-offender status. This can make a significant difference in many areas of your life, from employment opportunities to housing options.
What Are The Requirements For Retroactive First Offender Status?
In Georgia, retroactive first-offender status is a legal provision that allows individuals who did not initially receive first-offender treatment during their sentencing to petition for this status after the fact. This can help eligible individuals avoid a permanent criminal record. Here are the requirements and steps to apply for retroactive first-offender status in Georgia:
Eligibility Requirements
- Conviction in Georgia: The individual must have been convicted of a felony in a Georgia court.
- No Prior First Offender Treatment: The individual must not have been sentenced under the Georgia First Offender Act previously.
- Eligible Offense: The offense must be one that qualifies for first-offender treatment. Certain serious crimes, such as serious violent felonies and sexual offenses, are excluded.
- Completed Sentence: The individual must have completed their sentence, including any probation or parole requirements, without any further criminal activity.
- No New Convictions: The individual must not have any new felony convictions since completing the sentence. However, certain misdemeanor convictions do not automatically disqualify an individual from receiving retroactive first-offender status.
Steps To Apply For Retroactive First Offender Status
- Obtain A Copy Of Your Criminal History: You will need to obtain a copy of your criminal history from the Georgia Crime Information Center (GCIC).
- Complete Petition And File With The Court: You must fill out a written petition for retroactive first-offender treatment and file it with the court in which you were convicted.
- Serve Notice On District Attorney’s Office: You must serve notice on the district attorney’s office in your case and provide a copy of the petition.
- Attend A Hearing: The court will schedule a hearing to determine if you are eligible for retroactive first-offender status. You may need to present evidence and arguments on why you should be granted this status.
- Decision By Judge: The judge will decide whether or not to grant retroactive first-offender status. If it is granted, the original felony conviction will be set aside, and you will receive first-offender treatment instead.
How Can Frye Law Group Help?
At Frye Law Group, our team has extensive experience navigating Georgia criminal laws, including retroactive first-offender status. We understand that everyone makes mistakes and deserves a second chance. That’s why we are committed to helping individuals take advantage of this law and potentially change the course of their future.
If you have previously been convicted of a felony in Georgia and believe you may be eligible for retroactive first-offender status, reach out to our team today for a consultation. We can review your case, help you determine if you meet the requirements, and guide you through the process of petitioning for retroactive first-offender treatment.
Don’t let past mistakes hold back your future – contact Frye Law Group today to see if retroactive first-offender status is an option for you. It could make all the difference in your life.