Most federal offenses carry potentially strict sentences if convicted, along with a criminal record that could affect you for life.
If you are charged with certain federal drug offenses and it's your first offense, the Federal First Offenders Act (FFOA) can offer hope. It enables eligible first-time offenders to prevent a permanent criminal record and possibly avoid prison, offering essential relief.
The FFOA is a probation program primarily designed to rehabilitate first-time offenders rather than punish them.
As implied by the law's name, it's about providing a second chance. When you join the program, you'll be on probation for a designated period.
After the probation period, you may have the charges dismissed without a conviction or criminal record. This allows you to start anew, with the arrest and related case details possibly expunged from your records. Essentially, it's as if the incident never occurred, and the case records are inaccessible.
No Previous Drug Convictions
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 is also required to issue an order under a rehabilitative statute when criminal proceedings are deferred or postponed to a later time.
In simple terms, if you're convicted of a crime related to substances listed in the Controlled Substances Act, you may be placed on probation for less than a year without a formal judgment.
If you adhere to all probation conditions, 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 public records.
Explanation of the Federal First Offenders Act
The FFOA, outlined in Title 18 U.S. Code Section 3607, is a federal law that enables first-time drug offenders to bypass the severe penalties usually linked to federal drug crimes.
The Act enables federal judges to assign probation instead of jail time and, upon successful completion, clears the offender's criminal record of the charge.
18 U.S.C. 3607 special probation and expungement procedures for drug possessors says, "(a) Pre-judgment Probation. If a person is 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;
With the consent of such person, the court may 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. However, if the person violates a condition of his probation, the court shall proceed in accordance with the provisions of section 3565."
How Does the First Offenders Program Function?
The FFOA functions similarly to diversionary programs often available to first-time offenders in many states. If you are convicted or plead guilty to a first-time violation of Section 404 of the Controlled Substances Act—most commonly for simple possession—the judge can impose a "pre-judgment probation."
This means placing you on probation without officially entering a judgment of your conviction. Diversionary programs are commonly offered to first-time offenders in many states.
This federal probation period lasts up to one year, during which you'll need to follow specific court-ordered conditions. If you successfully complete probation without any 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.
Who is Eligible for the FFOA?
Not all offenders will qualify for FFOA. To be considered eligible, all of the following conditions must be met:
- You must be convicted under Section 404 of the Controlled Substances Act or enter a guilty plea as part of a plea deal.
- You must not have any prior convictions for a drug-related offense at the federal or state level.
- You must not have been offered treatment as a first-time offender at the federal or state level, which means you have not participated in any other first-time offender program, and
- You are required to accept probation if the judge proposes it.
Participation in the FFOA program is not assured even if you meet the eligibility criteria. The judge has the authority to approve or deny FFOA treatment at their discretion based on the following factors:
- Evaluation of your character traits.
- The nature and circumstances surrounding the offense; and
- The necessity for the sentence to accurately reflect the severity of the offense.
- Encourage respect for the law, deliver fair punishment, prevent criminal behavior, and safeguard the public.
Implications of Agreeing to an FFOA Arrangement
Probation under the FFOA involves important responsibilities, and you are required to adhere to all program requirements during this probationary period. These duties may include some or all of the following:
- Regularly scheduled meetings with a probation officer.
- Mandatory attendance at any court hearings as required;
- Regular drug testing;
- Participation in a drug education or rehabilitation program.
- Completing a specified number of community service hours.
- Refrain from committing additional criminal acts, whether at the state or federal level.
If you complete your probation period (up to one year) while meeting all its conditions, your charges will be dismissed, and no record of them will appear on your criminal record.
Which Federal Laws are Related?
Subchapter A of 18 U.S. Code Probation includes several federal statutes related to section 3607, covering special probation and expungement procedures for drug possessors, such as the following:
- 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.
Will Fully Completing the FFOA Erase My Record?
Not necessarily, but it will keep those records out of public view. When you complete probation under the FFOA, the judge issues a "Record of Disposition," which is a non-public record of your conviction maintained only by the Department of Justice to assess your eligibility for FFOA if you face additional charges.
This disposition will not be public and will not show up on criminal background checks.
What Are the Penalties for Breaking Your FFOA Probation Terms?
If you do not meet your probation conditions, the judge may issue a judgment against you and impose all legally authorized penalties. In this case, you will be deemed convicted of the original offense and will face sentencing as if you had not received any FFOA arrangement.
If you join the FFOA program, you need to understand that violating probation conditions can lead to a court-imposed sentence. In such cases, you may face the same penalties as if you had not been placed on probation.
If you've been charged with a federal drug-related crime, you may qualify for the FFOA program. Our federal criminal defense attorneys can clarify all your options. Eisner Gorin LLP is located in Los Angeles, California.
Related Content:
If you have one phone call from jail, call us! If you are facing criminal charges,