07/03/2012 at 10:00 AM EDT
Nearly two months after his arrest for driving under the influence, Matthew Fox was back in jail – to have his mug shot taken.
At the time of his arrest
May 4, the camera at the Deschutes County Adult Jail in Bend, Ore., was broken, TMZ.com
reports. Under the judge's order, the Lost
alum returned to take the photo June 29.
After he was charged with two misdemeanors
– driving under the influence and driving without a license – Fox, 45, pleaded no contest on June 1 to one count of driving under the influence of intoxicants. If he successfully completes a court diversion program within a year, Fox will avoid jail time
Once he finishes the treatment program, the charge "is certain to be dismissed," Deputy District Attorney Cliff Lu previously told PEOPLE.