How does the first offenders program work?

Everyone at some point in their life makes a mistake that they regret. People involved with the judicial system have come to realize that severe punishments for first time offenders are not the best course of action. Instead they have chosen to set up first offenders programs where defendants charged with a crime can make restitution. While each state has their own type of first offenders programs, most of them allow non-violent offenses to be handled through these programs so that the individual can avoid having a criminal conviction on their record.

Who is Eligible For Diversion Programs?

Every program may have their own criteria to determine who is eligible for admission to a first offenders program or DUI and drug diversion programs. Typically the guidelines are:

• The individual has no prior felony conviction on their record
• The offense committed was not a violent crime
• Offenders will be ordered to make restitution and perform community service
• Will periodically be subjected to undergo random drug and alcohol testing if the related offense involved drugs or alcohol
• Cannot be arrested for any other crimes during the program
• Must demonstrate a willingness to participate and complete the program

Research will be conducted to determine if the individual has a prior record and they will be asked several questions during an initial interview. The final decision will be up to the pre-trial counselor to determine eligibility for admittance. Most programs last anywhere from 6 to 24 months and the individual may be required to be employed or enrolled in school. Violation of the program rules may result in incarceration and criminal conviction. If the individual successfully completes all program requirements, their case will be dismissed, leaving them without a criminal record.

Keeping a Conviction Off Your Record

First offenders programs are usually appropriate for misdemeanor crimes, such as petty theft, driving under the influence, shoplifting or public intoxication. If you have been arrested and charged with a crime, contact a criminal defense attorney immediately. The sooner you get skilled legal representation, the faster you can get the offense dealt with and continue your life, possibly avoiding a criminal conviction.