The First Offender Act is a rare and special way to enter a plea of guilty or no contest and then after a period of probation, if you apply properly, the judge dismisses and expunges the charges against you.
Just because you were or are a first time offender does not mean that you plead under the First Offender Act.
Not every first offender qualifies, and even when they do qualify, the judge or prosecutor may not let you get this special treatment. You are very lucky if tie lawyer is able to convince a prosecutor during plea negotiations to let you plea into the First Offender Act.
The Arkansas First Offender Act can only be used one wtih. No, the Act is applicable where the disposition result is a plea of guilty or nolo contendere no contest. The Arkansas First Offender Act cannot be utilized in cases where there was a bench or jury trial.
The First Offender Act or Act as many attorneys and judges refer to it can be used for felonies and misdemeanors. Some violent felony offenders, as is the case Sex with Fayetteville Arkansas first time some sex offenders, are not going to be eligible for expungement for they could not be sentenced pursuant to any Act authorizing expungement. Sex partner in york example, offenders convicted of murder in the first degree or aggravated robbery would never be eligible for expungement because they have to go to prison.
If you spend time in prison, you are ineligible to get an expungement under this act. There are plenty of other statutes, like A.
Please just call us and we can look up if your charge can be firt. If you are currently on probation, an attorney may be able to terminate the probation early.
Upon expungement of the record for a felony offense the offender is not considered as having a felony conviction except Fayettevill purposes of habitual offender, criminal history scores and sentencing, and impeachment when being questioned under oath.
The Arkansas Supreme Court held in Montoya v.McLoud Looking For Cock
Thus the previous conviction could not serve to disqualify a person Fayetteviple utilizing the provisions of Act in Arkansas for a subsequent offense. If you qualify, the judge HAS to grant your petition. I wish there was an easy way to explain this to you so you could do Sex with Fayetteville Arkansas first time yourself, but my advice is to hire an attorney and let us deal with it for you.
Possibly, the First Offender Act is just one of many statutes people use to expunge charges in Arkansas. The other statutes are: By Whitfield Hyman T