Can a first offender felony be expunged in GA?

Can a first offender felony be expunged in GA?

NOTE: If you are convicted of a crime while you are under sentence for a First Offender case, GCIC is required by law to enter a revocation on your criminal history. This does not necessarily mean you were actually revoked. Only a judge may officially revoke your First Offender status.

Can a first offender get a concealed carry permit in GA?

Georgia law specifically provides that a person who completes a first offender sentence is eligible for a weapons carry license as long as no other exceptions apply.

How does First offenders work in GA?

PROCESS:

1. You or your attorney must ask the judge to sentence you under the First Offender Act before you are sentenced.
2. The judge decides whether to sentence you as a First Offender, with input from your attorney and the prosecutor.
3. If the judge decides to treat you as a First Offender, you will be sentenced.

How do I reduce my sentence in Georgia?

In a motion to modify a sentence, you file with the trial court to change an aspect of the sentence:

1. To ask the trial court to reduce the sentence.
2. To ask the court to modify a part of the sentence.

Can a convicted felon own a gun after 10 years in Georgia?

Georgia law prohibits people convicted of felonies from possessing firearms. You must be discharged from probation as a first offender without an adjudication of guilt in order to lawfully possess a firearm. Felons cannot have guns unless and until their rights are restored in the State of Georgia.

What charges Cannot be expunged in Georgia?

What charges do not qualify?

• Sex crimes against children / by people with supervisory authority.
• Pimping and pandering.
• Crimes against minors.
• Sexual battery.
• Peeping tom crimes.
• Family violence battery convictions (unless the offender was under 21)
• Child molestation.
• Public indecency.

Can a first offender felon own a gun in Georgia?

A person who is on probation as a felony first offender or has been convicted of a felony in Georgia, or anywhere else in the United States is prohibited from receiving, possessing, or transporting any firearm.

Is first offender a conviction in Georgia?

Is a First Offender sentence a conviction? No, First Offender adjudication is not a conviction. It is a “deferred adjudication,” which means that even though you plead guilty, a conviction is not entered. If you successfully complete the terms of your sentence, the court will “discharge” the case without conviction.

What is first time offender in Georgia?

Under Georgia Code § 42-8-60, the First Offender Act is a sentencing option which allows a person with no prior felony convictions to dispose of their criminal case without a conviction. The First Offender Act is not a substitute for punishment, but rather an alternative to a conviction.

How much time do you have to serve on a 2 year sentence?

Prisoners who are sentenced to two years or more will serve half their sentence in prison and serve the rest of the sentence in the community on licence. While on licence an prisoner will be subject to supervision and the licence will include conditions.

How long is a life sentence in GA?

These offenders who committed their crimes on or after July 1, 2006, must serve 60 years. Offenders serving life sentences for drug offenses are eligible for parole consideration after seven years.

Can a felon get gun rights back in GA?

Can I have my right to legally possess a firearm restored if I have a felony FEDERAL conviction? No. The Georgia State Board of Pardons and Paroles does not have the authority to restore firearm rights on felony federal convictions. You will need to apply for a presidential pardon.

What happens if you are sentenced under Georgia’s First Offender Act?

If you are sentenced under Georgia’s First Offender Act and successfully complete your sentence, you will not have a conviction and the charge will be sealed from your official criminal history. You or your attorney must ask the judge to sentence you under the First Offender Act before you are sentenced.

Who is eligible for first offender treatment in Georgia?

To be eligible, the person must have been able to receive First Offender treatment at the time he was originally sentenced. There are some offenses under Georgia that disqualify First Offender treatment (such as certain violent felony offenses and sex offenses listed in O.C.G.A. § 17-10-6.1).

What happens to a first time offender after a conviction?

Although the first-time offender is “sentenced” to probation or confinement, if the person successfully completes their sentence (along with any accompanying terms, fines, and/or programs) then the case is discharged by the court without a conviction and disappears from their criminal history for most employment purposes.

Can a first offender be sentenced under the conditional discharge Act?

You can be sentenced under Conditional Discharge Act even if you have already been sentenced as a First Offender and vice versa. Under the new record restriction law, beginning on July 1, 2013, successfully completed Conditional Discharge cases will be restricted from your GCIC criminal history record.