35. 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. When the discharge is filed, the criminal records are sealed from your official criminal history report. You will not have a conviction for the offense(s).

If, however, you violate the terms of your sentence/probation the judge may revoke your First Offender status. If your First Offender status is revoked, you will be convicted of the offense(s). In addition, if your First Offender status is revoked, the court may sentence you to the maximum penalty allowed by law for the offense(s). You should also be aware that GCIC is required by law to enter a revocation on your record if you are convicted of another crime while on First Offender probation. This happens even if the court does not revoke your First Offender status. If you are not revoked and are continued as a First Offender, the correction can be made to your GCIC criminal history record.

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