In many cases, a first-time theft offense in Georgia can be expunged, which means it is completely removed from your criminal record if you work with the right criminal defense attorney. Georgia allows criminal records for first-time offenders to be restricted and sealed in most cases, including for petit theft and shoplifting.
Discuss getting your charges dismissed and getting yourself back on the right track with the experienced theft crimes at Ghanayem & Rayasam.
Overview of Theft Offenses Covered by the Georgia First Offender Act
The Georgia First Offender Act, technically G.A. Code § 42-8-60, was enacted to reduce criminal recidivism in Atlanta. It applies to most first-time offenses except violent felonies, elder abuse, most sex crimes, and DUIs. Armed or violent robberies are the only theft offenses exempted from this program, meaning the following first-time theft charges might be dismissed and expunged from your record:
- Shoplifting
- Petit larceny (theft by taking)
- Grand larceny
- Fraud
- Conversion
- Theft of services
- Burglary
- Extortion
- Embezzlement
If you’ve been charged with any of the above offenses in Georgia, do not plead guilty without first discussing your legal options for dismissal and expungement with an experienced criminal theft defense lawyer.
Qualifying for Expungement in Atlanta
applies to defendants accused of theft offenses, provided they have not been convicted of a prior felony. You might still qualify for expungement under the First Offender Act if you were previously convicted of a misdemeanor. It applies regardless of whether you plead guilty, are convicted, enter a nolo contendere plea, or have not yet been convicted.
The Act allows judges to place you on probation or sentence you to prison without entering a finding of guilt, which protects your criminal record. The sentencing order must reflect the anticipated date of your exoneration and discharge as a matter of law, provided you comply with the terms of your probation or confinement. Sentencing terms might include active supervision, community service, and repayment. Most defendants charged with theft offenses must pay back or return any stolen funds or property as part of their sentence.
Effect of Expungement and Dismissal of Theft Charges in Georgia
If you’re discharged, it completely exonerates you from the charged offense. This means you’re considered someone who does not have a criminal conviction on his or her record. You retain your civil rights and can proceed as if your charges were dismissed on legal grounds. Further, your criminal record is generally sealed.
Atlanta Theft Expungement and Defense Lawyers
Taking advantage of the Georgia First Offender Act can save your future. It allows for both the dismissal of theft charges without conviction – meaning you’re not considered ‘guilty’ of any crime – and the complete restriction of your criminal record. Even if you don’t qualify, retaining the dedicated Atlanta theft crimes defense attorneys at Ghanayem & Rayasam is the best way to protect your interests. Call (404) 561-0202 or connect with our Georgia criminal defense team to schedule a consultation.