Federal First Time Offenders Act - 18 U.S. Code § 3607
Individuals charged with or convicted of certain federal drug offenses might qualify for the federal diversion program, outlined in the Federal First Offender Act (FFOA), 18 U.S.C.S. 3607. These programs offer a hopeful alternative to severe penalties, such as imprisonment or a permanent criminal record, providing a chance for a fresh start.
Participating in a diversion program can be especially crucial in federal cases, where penalties tend to be more severe than at the state level.
It's vital to understand the specific charges against you and explore your options for defense. Consulting with our federal criminal defense lawyers can be a key step in this process.
The FFOA offers a special probation program for individuals who are first-time offenders. Typically, a “first-time offender" is someone convicted of a legal offense for the first time.
This status often provides the accused with a chance to seek leniency in the legal process. Specifically, the law states that in certain non-violent drug possession cases, first-time offenders may complete a probation period that can lead to the dismissal of the charge without a formal conviction.
Additionally, the arrest and case may be expunged, allowing the individual to deny having been convicted of the crime honestly.
Key Takeaways
- If you're charged with federal drug offenses and it's your first offense, you might qualify for relief under the Federal First Offenders Act. This law helps eligible first-time offenders avoid a permanent criminal record and potentially jail time.
- The FFOA is a probation program mainly aimed at rehabilitating first-time offenders instead of punishing them. As indicated by the law's name, only individuals facing charges for the first time are eligible. Upon enrollment, participants are placed on probation for a certain period.
- After the probation period ends, you can have the charges dismissed without a conviction or criminal record. In some cases, the arrest and related case details can be expunged, meaning they are as if they never occurred, and no one can access the case records.
- To qualify for FFOA and begin the probation period, you must be convicted of possessing a controlled substance, have no previous convictions for violating federal or state controlled substance laws, and not have been offered first-offender treatment under any federal or state program.
- The court must also issue an order based on a rehabilitative statute when criminal proceedings are postponed or paused until a later time.
- In simple terms, if you are convicted of a crime involving any controlled substances, you can be placed on probation for less than one year without a formal judgment. If you comply with all probation terms, the court can discharge you from probation and dismiss the charges.
- If you are under 21, the courts may expunge your offense record, removing it from the public record.
How to Qualify for the Program
Avoiding a criminal record and associated penalties is important. However, first-time offenders may not qualify for the program. To be eligible for first offender treatment under federal law, you must demonstrate the following:
- You were found guilty of simple possession of a controlled substance
- You were not previously convicted of violating a federal or state law related to controlled substances before committing such an offense
- You were not previously awarded first offender treatment under any law
- The court has issued an order under a state rehabilitative statute, which defers criminal proceedings until the successful completion of probation, or dismisses them after probation
What is the Judge's Role?
Participation in the FFOA program is not guaranteed, even if you qualify. The judge has the authority to approve or deny FFOA treatment at their discretion, taking into account the following factors.
- Assessment of your character
- The nature and circumstances of the offense
- The necessity for the sentence to reflect the severity of the offense
- Aim to promote respect for the law, ensure just punishment, deter criminal behavior, and protect the public.
What Does Section 3607 Say?
18 U.S. Code § 3607 - Special probation and expungement procedures for drug possessors says -
"(a) Pre-judgment Probation.—If a person found guilty of an offense described in section 404 of the Controlled Substances Act (21 U.S.C. 844)—
(1) has not, prior to the commission of such offense, been convicted of violating a Federal or State law relating to controlled substances; and
(2) has not previously been the subject of a disposition under this subsection;
The court may, with the consent of such person, place him on probation for a term of not more than one year without entering a judgment of conviction. At any time before the expiration of the probation term, if the person has not violated any condition of their probation, the court may, without entering a judgment of conviction, dismiss the proceedings against the person and discharge them from probation.
At the expiration of the probation term, if the person has not violated any condition of their probation, the court shall, without entering a judgment of conviction, dismiss the proceedings against the person and discharge them from probation. If the person violates a condition of his probation, the court shall proceed in accordance with the provisions of section 3565.
(b) Record of Disposition.—
A nonpublic record of a disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c), shall be retained by the Department of Justice solely for the purpose of use by the courts in determining in any subsequent proceeding whether a person qualifies for the disposition provided in subsection (a) or the expungement provided in subsection (c).
A disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c), shall not be considered a conviction for the purpose of a disqualification or a disability imposed by law upon conviction of a crime, or for any other purpose.
(c) Expungement of Record of Disposition.
Suppose the case against a person found guilty of an offense under section 404 of the Controlled Substances Act (21 U.S.C. 844) is the subject of a disposition under subsection (a), and the person was less than twenty-one years old at the time of the offense. In that case, the court shall enter an expungement order upon the application of such person.
The expungement order shall direct that there be expunged from all official records, except the nonpublic records referred to in subsection (b), all references to his arrest for the offense, the institution of criminal proceedings against him, and the results thereof.
The effect of the order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or institution of criminal proceedings.
A person concerning whom such an order has been entered shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of his failure to recite or acknowledge such arrests."
How Does the First Offenders Program Work?
The FFOA functions similarly to diversion programs often provided to first-time offenders in many states. If you are found guilty or plead guilty to a first-time violation of Section 404 of the Controlled Substances Act, typically for simple possession of a controlled substance, the judge can impose a "pre-judgment probation."
This means placing you on probation without officially declaring your conviction. This federal probation usually lasts a year or less, during which you'll need to follow specific court-mandated conditions.
If you complete the probation without violations, your charges will be dismissed, and no conviction will be recorded. Additionally, if you were under 21 at the time of the offense, all arrest records may be expunged.
A nonpublic record of a disposition or conviction that has been subject to an expungement order will be kept by the Department of Justice only to help courts decide in future cases whether a person qualifies for the disposition.
This record will not be regarded as a conviction when assessing disqualifications or disabilities under the law, or for any other reason.
The expungement order indicates that the record should be cleared from all official files, except for nonpublic records. This includes all mentions of the arrest, initiation of criminal proceedings, and their outcomes. The purpose is to restore the individual to their previous status before the offense.
Accepting an FFOA Arrangement
Probation under the FFOA entails important responsibilities, and you are required to adhere to all program requirements throughout the probation period. These responsibilities may include some or all of the following:
- Regular meetings with a probation officer
- Mandatory appearance at any required court hearings
- Periodic drug testing
- Participation in a drug education or rehabilitation program
- Fulfilling a certain number of hours of community service
- Avoiding further criminal acts, either state or federal
Suppose you complete the probationary period (one year or less) while meeting all the conditions of your probation. In that case, your charges will be dismissed, and no conviction will appear on your criminal record.
What are the Related Federal Statutes?
Subchapter A of 18 U.S. Code, specifically Section 3607, includes various federal statutes related to special probation and expungement procedures for drug offenders.
- 18 U.S.C. 3601 - Supervision of probation
- 18 U.S.C. 3602 - Appointment of probation officers
- 18 U.S.C. 3603 - Duties of probation officers
- 18 U.S.C. 3604 - Transportation of a probationer
- 18 U.S.C. 3605 - Transfer of jurisdiction over a probationer
- 18 U.S.C. 3606 - Arrest and return of a probationer
- 18 U.S.C. 3608 - Drug testing of Federal offenders on post-conviction release
What If You Violate the Terms of Your FFOA Probation?
If you do not fulfill your probation requirements, the judge can issue a judgment against you and enforce all legal penalties.
This means you will be regarded as convicted of the original crime and sentenced as if you did not have the FFOA arrangement. If you are participating in the FFOA program, it is essential to understand that violating probation conditions can result in sentencing.
In these situations, you could face the same penalties as if you had never been on probation. If you've been charged with a federal drug-related offense, you might qualify for the FFOA program. Our federal criminal defense law team can clarify all your options. Cron, Israels & Stark is based in Los Angeles, California.
We are committed to helping first-time offenders at both the state and federal levels. Our skilled attorneys specialize in pursuing dismissals, charge reductions, pre-trial diversion, and sealing and expungement of criminal records, all aimed at benefiting those new to the system.
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