§ 42-8-65. Use of Prior Finding of Guilt in Subsequent Prosecutions; Modification of Records
If otherwise allowable by law, in a subsequent prosecution of the defendant for another offense, when a defendant has not been exonerated of guilt and discharged, the prior finding of guilt may be pleaded and proven as if an adjudication of guilt had been entered and relief had not been granted pursuant to this article. […]
§ 42-8-66. Petition for Exoneration and Discharge; Hearing; Retroactive Grant of First Offender Status; No Filing Fee
An individual who qualified for sentencing pursuant to this article but who was not informed of his or her eligibility for first offender treatment may, with the consent of the prosecuting attorney, petition the court in which he or she was convicted for exoneration of guilt and discharge pursuant to this article. An individual who […]
§ 42-8-60. Probation Prior to Adjudication of Guilt; Violation of Probation; Review of Criminal Record by Judge
When a defendant has not been previously convicted of a felony, the court may, upon a guilty verdict or plea of guilty or nolo contendere and before an adjudication of guilt, without entering a judgment of guilt and with the consent of the defendant, defer further proceedings and: Place the defendant on probation; or Sentence […]
§ 42-8-61. Defendant to Be Informed of Eligibility for Sentencing as First Offender
When a defendant is represented by an attorney, his or her attorney shall be responsible for informing the defendant as to his or her eligibility for sentencing as a first offender. When a defendant is pro se, the court shall inquire as to the defendant’s interest in entering a plea pursuant to the terms of […]
§ 42-8-62. Duty of Clerk to Transfer Information
When an individual is placed on probation or in confinement under this article, within 30 days of the filing of such sentence, the clerk of court shall transmit a record of the first offender sentence to the Georgia Crime Information Center. The clerk shall also transmit any subsequent order or notification regarding a first offender’s […]
§ 42-8-62.1. Limiting Public Access to First Offender Status; Petitioning; Sealing Record
As used in this Code section, the term: “Criminal history record information” shall have the same meaning as set forth in Code Section 35-3-30. “Prosecuting attorney” shall have the same meaning as set forth in Code Section 35-3-37. “Restrict,” “restricted,” or “restriction” shall have the same meaning as set forth in Code Section 35-3-37. At […]
§ 42-8-63. Effect of Discharge Under Article on Eligibility for Employment or Appointment to Office
Except as provided in Code Section 42-8-63.1, a discharge under this article is not a conviction of a crime under the laws of this state and shall not be used to disqualify an individual in any application for employment or appointment to office in either the public or private sector. History. Ga. L. 1978, p. […]
§ 42-8-63.1. Discharges Disqualifying Individuals From Employment
A discharge under this article may be used to disqualify an individual for employment if the individual was discharged under this article between July 1, 2004, and June 30, 2016, and: The employment is with a public school, private school, child welfare agency, or a person or entity that provides day care for minor children […]
§ 42-8-64. Appeal of Sentence Imposed Under Article
A defendant sentenced pursuant to this article shall have the right to appeal in the same manner and with the same scope and same effect as if a judgment of conviction had been entered and appealed from. History. Ga. L. 1968, p. 324, § 5; Ga. L. 2016, p. 443, § 6A-1/SB 367. Editor’s notes. […]