Understanding the Arkansas First Offenders Act: A Second Chance for Rehabilitation


Understanding the Arkansas First Offenders Act: A Second Chance for Rehabilitation


In today’s society, the concept of rehabilitation and second chances has gained significant traction. The Arkansas First Offenders Act (FOA) is a notable piece of legislation that aligns with this belief. Designed to provide an opportunity for individuals who have committed certain nonviolent offenses to avoid a permanent criminal record, the FOA is an essential tool in promoting rehabilitation, reducing recidivism rates, and fostering positive societal reintegration. In this blog post, we will explore the Arkansas First Offenders Act, its eligibility criteria, benefits, and implications for those seeking a fresh start.

Understanding the Arkansas First Offenders Act

The Arkansas First Offenders Act, codified under Arkansas Code § 16-93-301, offers first-time offenders a chance to avoid the long-lasting consequences of a criminal conviction. The primary objective of the FOA is to encourage rehabilitation and reformation, giving individuals an opportunity to learn from their mistakes and reintegrate into society as law-abiding citizens.

Eligibility Criteria

To qualify for the benefits of the Arkansas First Offenders Act, certain criteria must be met:

  1. First-time Offense: The FOA is specifically designed for individuals with no prior convictions or diversions on their record. It applies to nonviolent offenses, allowing eligible individuals to avoid the detrimental effects of a permanent criminal record.
  2. Eligible Offenses: The FOA covers a range of nonviolent offenses, including property crimes, drug-related offenses, certain white-collar crimes, and other offenses specified under the Arkansas Code. Call Potter & Marks, PLLC to determine if your offense falls within the scope of the FOA.

Benefits and Implications

Participating in the Arkansas First Offenders Act provides several significant benefits and implications for eligible individuals:

  1. Deferred Adjudication: You must plead guilty or nolo contendere (no contest) under the FOA. You are not eligible for the FOA if you plead not guilty. The court, in turn, defers any judgment or conviction while the defendant completes the terms of probation.
  2. Probation and Conditions: As part of the FOA, defendants are typically placed on probation for a specified period, during which they must adhere to certain conditions. These conditions may include attending counseling or rehabilitation programs, performing community service, maintaining employment, or refraining from any criminal activity. Failure to comply with the conditions may result in the court revoking the benefits of the FOA.
  3. Record Sealing and Expungement: Upon successful completion of the FOA’s terms and conditions, the defendant shall be discharged without court adjudication of guilt, whereupon the court shall enter an order that effectively dismisses the case. Defendants can petition the court to seal their record. Sealing the record means that the offense is effectively hidden from public view, allowing individuals to move forward without the stigma of a criminal conviction.

Importance of Legal Counsel

Navigating the Arkansas First Offenders Act and ensuring the best possible outcome requires the expertise of a qualified attorney. A skilled lawyer will help determine your eligibility, guide you through the legal process, and advocate for your rights and interests. They will assist in crafting a favorable deferred adjudication agreement, help you fulfill the conditions, and ultimately seek record sealing or expungement, allowing you to embrace a fresh start. Call Potter & Marks, PLLC to discuss your eligibility.


The Arkansas First Offenders Act serves as a powerful tool for rehabilitation and reintegration. By providing eligible individuals with an opportunity to avoid a permanent criminal record, the FOA encourages personal growth and reformation. If you or someone you know is facing a first-time nonviolent offense in Arkansas, it is crucial to consult with an experienced attorney who can guide you through the legal process and help you take advantage of the benefits offered by the Arkansas First Offenders Act. Remember, everyone deserves a second chance, and the FOA is designed to provide just that.