Q: If proven that an inmate should had recieved first offender,can they file retroactive first offender exon and discharge?
And be released. Process?
A:
In order to obtain retroactive first offender, a convicted person must show that at the time of sentencing they were eligible to receive first offender and they did not know they could have been sentenced under first offender. Additionally, the prosecution's office must consent to the petition being filed. If they do not-it cannot be filed.
Finally, first offender status does not alter the original sentence, so if someone was incarcerated when they filed for it, having it granted would not trigger a release from custody or otherwise end the sentence. Rather, once the sentence is completed, the court would convert the sentence to first offender status (withholding the adjudication of it) and then when the terms of the sentence are satisfied successfully-the charges would be dismissed and no conviction would be entered into the record.
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