Judges typically have a lot of flexibility when it comes to ordering a sentence in a criminal case. Incarceration and fines are not the only options and not always the best either. A judge might decide that a sentencing alternative, like community service, can be a better way to hold the defendant accountable for their actions.
Community Service in Sentencing
Community service allows a person to give back to their community—the one that they harmed when committing their crime. Instead of throwing someone in jail—which is expensive and sometimes counterproductive—judges can fashion a sentence that includes a life lesson and a (hopefully) beneficial outcome. Judges typically impose community service hours as a punishment or an alternative to jail time.
How Judges Order Community Service
Judges can incorporate community service into a sentence in one of several ways, including as a term of the sentence, condition of probation, or condition of a deferred sentence.
Sentence term. For a minor offense, a judge might hand down a sentence of community service. Say a defendant pleads guilty to a first-time misdemeanor traffic offense. The judge might sentence the defendant to 20 hours of community service doing roadside cleanup. In other cases, community service might be just one of several punishments meted out by the judge. Let’s say that traffic offender has two similar convictions in just the past year. The judge might order the defendant to pay a hefty fine, attend a driver’s training course, and complete community service hours.
Condition of probation. A judge can also order community service as a condition of probation. When ordering probation, the judge holds off on sending a defendant to jail or prison and instead allows the defendant to serve their sentence in the community. The suspended jail sentence is conditioned on the defendant’s compliance with the conditions of probation. For instance, a judge might sentence a defendant convicted of felony property damage to a year of jail but suspend the jail sentence and place the defendant on probation with conditions that include remaining crime-free, paying restitution to the victim, and completing 100 hours of community service.
Condition of a deferred sentence. A person might qualify for diversion or a deferred sentence in some cases. Under these types of programs, a judge may take a defendant’s guilty plea but hold off on entering a sentence. This deferred sentence is often conditioned on the defendant agreeing to and completing certain terms, such as community service. Diversion and deferred sentencing are similar to probation; however, these programs typically allow the judge to dismiss the case upon successful completion and the defendant avoids a conviction.
Examples of Court-Ordered Community Service
Common types of community service include volunteering for a charity or nonprofit organization, working roadside clean up, or cleaning up graffiti or other property damage. Depending on the crime, community service might also take the form of:
- educating others on the harm they’ve done, such as speaking to students about the consequences of drunk driving or doing drugs
- giving back to the community by building park benches or bike trails, or
- volunteering administrative or professional services to a shelter or foundation.
A common criticism of court-ordered community service is that it ends up being more work for the courts and defendants than it’s worth. A defendant often needs to find organizations that allow volunteers who are serving court-ordered hours. Organizations may restrict individuals from volunteering if they have a criminal record or were convicted of certain crimes, like theft or fraud—making it difficult for defendants to complete their hours. For the courts, they end up with a lot of paperwork and man hours monitoring defendants' progress and making sure they actually completed the hours they claim.
What Crimes Are Eligible for a Sentence of Community Service?
Most non-violent crimes are eligible for community service, such as property crimes or crimes against public order (like disorderly conduct). But eligibility varies greatly depending on a jurisdiction’s laws or policies. A court may offer community service only as an option for first-time offenders or misdemeanor property crimes. Some states’ laws make certain crimes ineligible for any type of probation or sentencing alternatives, including community service.
For instance, defendants convicted of domestic violence crimes, assault crimes, or other crimes against persons might not be eligible for community service due to public safety or victim safety concerns. Or a state might prohibit community sentencing options for certain felony offenses. Repeat offenders might lose eligibility for community-based sanctions or alternative sentences. And anyone serving a mandatory minimum sentence generally loses the privilege of any options other than incarceration.
What Happens If You Don't Complete Your Community Service Hours?
The consequences of not completing community service depend on how the sentence was handed down and whether the person has a good excuse or not.
If one of the person’s sentence terms included completion of community service, failure to complete their sentence can result in contempt of court. The person will need to go before the judge to explain why they didn’t abide by the terms of their sentence. If the person has a good excuse, the judge may permit more time to complete the sentence terms. In other cases, the judge may hold the person in contempt and impose additional sanctions, such as jail time, extra hours of community service, or probation monitoring.
When a judge orders community service as a condition of probation or in lieu of jail time, failure to complete service hours is a violation of those terms. The judge may decide to revoke probation and impose the jail sentence. For deferred sentences or diversion programs, the judge can reinstitute the case and proceed with sentencing.
Does Community Service Go on Your Permanent Record?
Typically, yes. If you’re convicted, it doesn’t matter if your sentence is jail time, fines, probation, or community service—it’s still a conviction and convictions are public records. Anyone doing a background check will be able to see the charges, conviction, and sentence.
For certain offenses, your state might allow you to seal or expunge the criminal record after a set amount of time. But even expunged records are generally only hidden from public view. Courts and government agencies can often still access expunged records.
One exception may be if you qualified for a deferred sentence or diversion. In many states, successful completion of these programs results in the case being dismissed and the arrest and charging records being sealed (sometimes immediately).
Talk to an Attorney
Community service often sounds appealing, especially when the alternative is jail. If you’re facing criminal charges or sentencing, consult your attorney on how practical community service may be in your situation. Sometimes, community service opportunities can be difficult to find or complete when holding down a full-time job or other family responsibilities. And the consequences for not completing the hours in the allotted time can be harsh.