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Pre-Trial Intervention or Diversion (PTD or PTI) is available to many people in Georgia who are being prosecuted for a criminal offense for the first time. Whether to have a program at all, what offenses it's available for, and what are the eligibility requirements are all decisions that are entirely up to the elected prosecutor in that court. If you're eligible, you will be required to complete certain objectives within a certain period of time. If successful, the case against you will be dismissed. Your official criminal history will be restricted and you will be eligible to have your clerk of court record sealed. It is a very beneficial program when available. Some prosecutors offer the program to pro se defendants and some don't. But, if you're offered PTI or PTD, it usually doesn't get any better than that. If you have been charged with a crime and you want to know if PTI or PTD is an option for you, you should consult with an attorney. You can reach me at 770-322-4990.

In 2015, the state of Georgia amended its First Offender Act to allow people to ask for First Offender Treatment after-the-fact. That means people convicted of felonies way back in even 1990 can now petition the Court to treat them as a First Offender. It doesn't matter how long it's been. If granted, that officially exonerates the person of the offense. They are no longer "convicted felons". This change in the law is specifically aimed to help those who were not informed of their right to ask for First Offender Treatment at the time they were sentenced. The new law also allows people convicted of old misdemeanors to petition the Court for the same treatment. This is most helpful for people convicted of misdemeanors that make it difficult to get jobs. The most common are theft/shoplifting-related offenses. Finally, once the Court grants retroactive First Offender Treatment, the person's criminal history is restricted and they can, also, petition the Court to "seal" the Clerk of Court record. This procedure takes the information off the Court's website and makes the file unavailable to the public without a court order.

Conditional discharge is an option for people charged with certain offenses in Georgia. It allows the accused to enter a plea, complete a sentence and then have the conviction "discharged". Once done, it is as if you were never convicted. Your criminal history is, then, automatically restricted as to that charge. You are then eligible to have your clerk of court records sealed.

SB288 recently passed the Georgia Legislature and is set to be signed by the Governor. It's going to allow people with a array of misdemeanor convictions on their criminal history to have that history restricted. The law will also allow them to seek the sealing of their clerk of court records. The law also allows people who have been convicted of felonies to seek the restriction of their record and the sealing of the clerk records AFTER they've applied for and been granted a pardon.