When can I seal my First Offender case?

Sealing a criminal case is crucial to make sure that employers, landlords, and other people cannot see your criminal record. Thankfully, new laws allow you to seal a First Offender Act case at the time of your “plea”. You can also ask for sealing now if you are currently on probation for a First Offender Act case or if you successfully completed First Offender in the past.

First Offender Act cases are special criminal cases that are not considered convictions. Even if you “plea” in a First Offender Act case, it is not a conviction unless you violate the terms of your sentence and the judge revokes your First Offender Act status. Technically, the case is held in “pending” status until the sentence is complete. Once the sentence is complete, the case is “discharged” and removed from your official criminal record.

However, removing something from your official criminal record or having it discharged under the First Offender Act does not automatically seal the court record (though some courts do seal upon discharge). So, it is normally necessary to file a written request with the court (a motion) to seal the First Offender Act criminal case record.

After you seal your First Offender case, no one (besides law enforcement and employers who work with vulnerable populations) can see your First Offender Act case, even while you are on probation. When you finish your sentence, the case will be discharged and remain sealed.

Do you need to seal your First Offender Act case? Call us to get started on your case today!

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DISCLAIMER: THE ABOVE STATEMENTS ARE GENERAL INFORMATION AND THE CIRCUMSTANCES OF YOUR CASE MAY BE DIFFERENT. DEVETTER LAW MAKES NO GUARANTEE OF ANY OUTCOME. THE ABOVE IS NOT LEGAL ADVICE AND NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED BY PROVIDING THIS INFORMATION.

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