First-Offender Programs

Those who haven’t been in too much trouble with the law but are facing charges may be able to avoid conviction.

By Janet Portman, Attorney


A "first offender" program is a way for a defendant to avoid the full effects of a criminal prosecution. It’s a type of diversion, often for those who have no previous criminal record, or at least no felony convictions. (Usually traffic tickets don’t count, but defendants with juvenile offenses may be disqualified). In a typical first-offender program, by completing the program, the defendant keeps a conviction off her record.

Eligibility for first-time-offender programs varies from state to state. Some states may limit program participation to those facing misdemeanor charges, while others may let in those looking at certain felony charges. Commonly, though, first-offender programs are available only where the charges don’t involve a violent or “serious” offense. Many states have first-offender programs for juveniles.

Example: In Jefferson County, Wisconsin, to be eligible for the District Attorney’s first-offender program, a defendant must meet several eligibility requirements. Those include no prior convictions (excepting traffic violations) and the agreement of the prosecution. Participants must sign a contract that, in part, requires them to attend classes, make restitution, and undergo appropriate treatment or counseling. The defendant may have to live up to these requirements for six months, a year, or more. If the first offender successfully completes the program, the District Attorney’s Office reduces or dismisses the charge. If he falters, the prosecution will typically resume official court proceedings. (For more, see the Jefferson County site.)

Example: The SAGE Project, based in San Francisco and replicated in many other cities, is available to many who’ve been arrested for prostitution. The Project uses its First Offender Prostitution Project to remove women from commercial sexual exploitation and to educate "johns."