![]() 5-73-119 (Possession of a Handgun on School Property) that also specifically disqualify eligibility to plead under the First Offender Act. There are plenty of other statutes, like A.C.A. If you spend time in prison, you are ineligible to get an expungement under this act. For example, offenders convicted of murder in the first degree or aggravated robbery would never be eligible for expungement because they have to go to prison. Some violent felony offenders, as is the case with some sex offenders, are not going to be eligible for expungement for they could not be sentenced pursuant to any Act authorizing expungement. If the Defendant plead in BEFORE July 30th, 1999 then they are eligible to expunge the sex offense. Sex offenses with minor victims are ineligible to be expunged under this act, if the Defendant plead into the First Offender Act program AFTER July 30th, 1999. Which Criminal Charges Are Ineligible for the First Offender Act Plea Deal? ![]() The First Offender Act (or Act 346 as many attorneys and judges refer to it) can be used for felonies and misdemeanors. The Arkansas First Offender Act cannot be utilized in cases where there was a bench or jury trial. Can You Go to Trial and Still Get the Judge to Sentence You Under the First Offender Act? ![]() No, the Act is applicable where the disposition (result) is a plea of guilty or nolo contendere (no contest). Can You Plead Not Guilty and Still Qualify Under the First Offender Act? The Arkansas First Offender Act can only be used one time. How Many Times Can You Use the First Offender Act? You are very lucky if your lawyer is able to convince a prosecutor during plea negotiations to let you plea into the First Offender Act. Not every first offender qualifies, and even when they do qualify, the judge or prosecutor may not let you get this special treatment. Just because you were (or are) a first time offender does not mean that you plead under the First Offender Act. The First Offender Act is a rare and special way to enter a plea of guilty or no contest and then after a period of probation, if you apply properly, the judge dismisses and expunges the charges against you.
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