Tarrant County First Offender Drug Program (FODP):
Written by James Chiles, Criminal Defense Attorney and Partner, Pantheon Legal Group, PLLC
If you've been arrested for a drug possession offense in Tarrant County and have no significant criminal history, the First Offender Drug Program (FODP) may offer a path to complete dismissal and eventual expunction of your case.
As a criminal defense attorneys who regularly represents clients in Fort Worth and throughout Tarrant County, we have helped numerous first-time offenders navigate this program. We have seen firsthand how it can prevent a single mistake from becoming a permanent criminal record.
This guide explains how the FODP works, who qualifies, what the program requires, and the critical legal considerations you should understand before applying.
FODP Forms for Tarrant County
If you hired somebody else or were appointed a lawyer, here are the forms that you will need to fill out if your lawyer has successfully negotiated a referral to FODP on your behalf:
Program Overview: What Is the FODP?
The Tarrant County First Offender Drug Program is a court-supervised diversion program administered by the Tarrant County Criminal District Attorney's Office. It's designed for low-risk, first-time drug offenders who are likely to self-correct without intensive supervision or incarceration.
The program operates under the supervision of two presiding judges:
Honorable Julie Lugo – 372nd District Court (Felony FODP)
Honorable Carey F. Walker – County Criminal Court No. 2 (Misdemeanor FODP)
The FODP is intentionally minimalistic. Unlike drug courts or traditional community supervision, participants receive minimum supervision with no progressive sanctions. This is a one-strike program: any violation results in immediate termination and sentencing on the original guilty plea.
Program Structure and Requirements
Misdemeanor Track (County Criminal Court No. 2)
Duration: 90 days
Cost: $350 (paid in full before plea)
Requirements:
2 urinalysis tests per month
Short-term drug education or chemical dependency class
Report to case manager as directed
Court Appearances: Two scheduled appearances (admission and dismissal)
Court Day: Fridays at 9:00 AM
Felony Track (372nd District Court)
Duration: 180 days
Cost: $550 (paid in full before plea)
Requirements:
2 urinalysis tests per month
2 hair follicle drug tests
Short-term drug education or chemical dependency class
Report to case manager as directed
Court Appearances: One scheduled appearance (admission only); successful completers do not return to court for dismissal
Court Day: Fridays at 9:00 AM
Critical requirement for all participants: Proof of education must be submitted with the application. Acceptable documentation includes a high school diploma, GED, college transcript, or proof of current enrollment in high school, GED program, or college.
Eligible Offenses
The following offenses may qualify for FODP:
Possession of Controlled Substance, under 1 gram (Penalty Groups 1, 2)
Possession of Controlled Substance, 1-4 grams (Penalty Groups 1, 2)
Possession of Controlled Substance, under 28 grams (Penalty Groups 3, 4)
Possession of Controlled Substance, under 2 ounces (Penalty Group 2-A)
Possession of Controlled Substance, 2-4 ounces (Penalty Group 2-A)
Possession of Marihuana, under 2 ounces
Possession of Marihuana, 2-4 ounces
Possession of Marihuana, 4 ounces to 5 pounds (if amount is ½ pound or less)
Possession of Controlled Substance, 4-400 grams Penalty Group 2 (if THC and 3 or fewer edibles)
Drug-Free Zone offenses for controlled substances under 28 grams
Drug-Free Zone offenses for marihuana 2-4 ounces
Forging or Altering Prescription
Possession of Dangerous Drug
Diversion of a Controlled Substance
Attempt of any above-listed offense
Disqualifying Factors
An applicant will not be eligible for FODP if they have any of the following:
Any conviction for any offense greater than a Class C misdemeanor
Previous community supervision or deferred adjudication for any offense greater than a Class C misdemeanor
Prior participation in any adult diversion program (DIRECT, DIVERT, DPP, etc.)
Juvenile adjudication for any offense greater than a Class C misdemeanor
Pending cases for non-drug offenses
Pending drug cases not committed on the same offense date as the current case
Active warrants
Current or prior violation of protective orders
Direct or circumstantial evidence of drug dealing
Initial approval is conditional. If the prosecutor determines the applicant is ineligible before the plea, approval may be withdrawn.
The Application Process
Step 1: Consult with Your Attorney
The application must be completed with your attorney's assistance. Your attorney should review your eligibility, gather required documentation, and assess whether FODP is the best strategic option for your case.
Step 2: Submit the Application
Submit the completed application within 90 days of case filing. There are no exceptions to this deadline.
Submit to:
Fax: 817-850-5801
Required materials:
Completed FODP application form
Proof of education
Important: In the application's personal statement section, explain why you want to participate—but do not state any facts about your alleged offense. Until you are accepted into FODP, these statements could be used against you.
Step 3: Prosecutor Review
An Assistant Criminal District Attorney reviews the application and approves or denies participation.
Step 4: Case Transfer and Plea Setting
If approved, the FODP Case Manager notifies your attorney and the appropriate court coordinator. Your case is transferred to the 372nd District Court (felonies) or County Criminal Court No. 2 (misdemeanors), and a plea date is scheduled.
Step 5: Program Admission
On admission day:
Report to Case Manager at 8:00 AM to complete admission paperwork and pay program fees in full
Report to court with your attorney at 9:00 AM
Enter guilty plea and sign supplemental plea agreement
Step 6: Program Completion
If you successfully complete all requirements without violations, the Criminal District Attorney files a Motion to Dismiss. For misdemeanor cases, you'll return to court for dismissal. For felony cases, Judge Lugo does not require a court appearance for dismissal—the order is mailed and emailed to you.
Critical Waivers in the Plea Agreement
The FODP supplemental plea agreement requires defendants to waive significant constitutional rights:
Right to grand jury indictment (felony cases)
Right to speedy trial under U.S. and Texas Constitutions
Right to confrontation and cross-examination of witnesses
Right to contest drug testing results (if charged with possession)
Right to expunction for one year from program completion date
These waivers are legally binding. If you're terminated from the program, the State proceeds directly to sentencing on your guilty plea—within the full range of punishment.
What Happens If You're Terminated?
Termination from FODP is immediate and non-negotiable for any violation. There are no warnings, progressive sanctions, or second chances.
Upon termination:
The Case Manager completes a termination letter signed by the presiding judge
The Court Coordinator notifies the prosecutor and your attorney
A punishment hearing is scheduled
You are sentenced within the full range of punishment for your offense
Because you've already entered a guilty plea and waived your trial rights, there is no trial—only sentencing.
Expunction Eligibility
Successful FODP completion results in case dismissal, making you potentially eligible for expunction under Texas Code of Criminal Procedure Art. 55.01. An expunction allows you to legally deny the arrest occurred and removes records from law enforcement and court databases.
However, the plea agreement requires you to waive expunction rights for one year after program completion. Additionally, for felony cases, the Department of Public Safety is not bound by the District Attorney's agreement and may contest expunction petitions.
Contact Information
First Offender Drug Program Office 401 W. Belknap St., 7th Floor, Room 7016 Fort Worth, TX 76196 Phone: 817-884-2618 Fax: 817-850-5801 Email: Firstoffenderdrugprogram@tarrantcountytx.gov
Misdemeanor FODP Court (County Criminal Court No. 2) Coordinator: Mary Chaisson Phone: 817-884-1340 Email: mlchaisson@tarrantcountytx.gov
Felony FODP Court (372nd District Court) Coordinator: Tina Hodnett Phone: 817-884-2995 Email: tmhodnett@tarrantcountytx.gov
Frequently Asked Questions
What is the Tarrant County First Offender Drug Program?
The First Offender Drug Program (FODP) is a court-supervised diversion program operated by the Tarrant County Criminal District Attorney's Office under authority of Texas Government Code § 76.011. It allows first-time drug offenders to have their cases dismissed upon successful completion of a 90-day (misdemeanor) or 180-day (felony) program involving drug testing, education classes, and minimal supervision.
How much does the FODP cost?
Program fees are $350 for misdemeanor cases and $550 for felony cases. These fees cover all drug testing and education classes. Fees must be paid in full before entering the guilty plea—there are no payment plans or exceptions.
What happens if I fail a drug test in FODP?
Any positive drug test or other violation results in immediate termination from the program. There are no progressive sanctions or second chances. Upon termination, you proceed directly to sentencing on your guilty plea within the full range of punishment for your offense.
Can I get my record expunged after completing FODP?
Yes, successful FODP completion results in case dismissal, which makes you eligible for expunction under Texas Code of Criminal Procedure Art. 55.01. However, you must wait one year after program completion before seeking expunction, per the terms of the plea agreement.
What's the deadline to apply for FODP?
A completed application must be submitted within 90 days of case filing. There are no exceptions to this deadline. Applications should be emailed to Firstoffenderdrugprogram@tarrantcountytx.gov or faxed to 817-850-5801.
Do I need a lawyer to apply for FODP?
The application must be completed with your attorney's assistance and requires your attorney's signature. Your attorney can help assess eligibility, gather required documentation, and determine whether FODP is strategically appropriate for your case.
Is FODP the same as deferred adjudication?
No. FODP is a pretrial diversion program that results in case dismissal and potential expunction eligibility. Deferred adjudication is a form of community supervision that does not result in dismissal and generally cannot be expunged (though it may be eligible for non-disclosure in some circumstances). FODP is typically a better outcome for eligible defendants.
Key Takeaways
FODP is a pretrial diversion program for first-time drug offenders in Tarrant County
Statutory authority: Texas Government Code § 76.011
Misdemeanor track: 90 days, $350, County Criminal Court No. 2
Felony track: 180 days, $550, 372nd District Court
Application deadline: 90 days from case filing (no exceptions)
No violations tolerated: Any failure results in immediate termination and sentencing
Successful completion results in dismissal and expunction eligibility
Presiding judges: Hon. Julie Lugo (felony) and Hon. Carey F. Walker (misdemeanor)
Legal Authority for Diversion Programs in Texas
Texas prosecutors have statutory authority to operate pretrial intervention and diversion programs under Texas Government Code § 76.011, which authorizes Community Supervision and Corrections Departments to operate programs for "the supervision and rehabilitation of persons in pretrial intervention programs." The statute permits supervision for up to two years.
Fee structures for these programs are governed by Texas Code of Criminal Procedure Art. 102.012, which authorizes courts to order defendants to pay supervision reimbursement fees not exceeding $60 per month as a condition of participation.
However, the Tarrant County First Offender Drug Program operates under a slightly different procedural model than traditional pretrial diversion. As documented by the Texas District & County Attorneys Association, Tarrant County uses a deferred plea approach: the defendant enters a formal guilty plea, the judge recesses the hearing for the program period (90 or 180 days), and upon successful completion, the defendant withdraws the plea and the case is dismissed.
This procedural distinction matters because upon dismissal, the case becomes eligible for expunction under Texas Code of Criminal Procedure Art. 55.01—allowing you to legally deny the arrest ever occurred.