Matthew Fox Returns to Jail – to Take a (Belated) Mug Shot
07/03/2012 AT 11:00 AM EDT
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.