Conditional Discharge: A Viable Alternative for First-Time Drug Offenders in New Jersey

In New Jersey, residents young and old who are otherwise law-abiding citizens, often become ensnared in the criminal justice system for low-level drug offenses, the most common of which is possession of under 50 grams of marijuana. When these instances occur, there are multiple ways to avoid a conviction. Barring an outright dismissal, first-time drug offenders may be enrolled in a diversionary program called Conditional Discharge, which allows them to ultimately achieve the dismissal of the charges after completing program requirements during a probationary period. Having successfully facilitated thousands of enrollments in the Conditional Discharge Program during my tenure as a defense attorney in Union County, this article seeks to outline the critical facts that you need to know in order to pursue all of the legal avenues that may be available to you.

First and foremost, conditional discharge does not result in a conviction if successfully completed. In other words, it provides you with a means by which to avoid a charge on your criminal record. This, of course, can be extremely useful when pursuing employment and other opportunities in the future which may require a criminal background check.

In order to be considered eligible, you must be charged with a disorderly persons drug offense (similar to a misdemeanor) and your case must be adjudicated in Municipal Court. The most common of these offenses are possession of marijuana under 50 grams and possession of drug paraphernalia. Lastly, you must have no prior criminal record and have never utilized the benefit of a diversionary program such as Conditional Dismissal or Pre-Trial Intervention previously.

Having satisfied the aforementioned criteria, you may be enrolled in Conditional Discharge, at which time the charges against you are suspended. According to N.J.S.A. 2C:36A-1, which provides information about the program, the charges against you will only return if you violate the provisions during the period of Conditional Discharge, which is typically one year. As for the requirements of Conditional Discharge, they may vary by county; however, random drug testing is the most frequently employed mode of monitoring.

If you do, in fact, complete Conditional Discharge, you can move forward with your life unimpeded by the original charges against you. You will not have a criminal record and can honestly answer “no” if asked if you have ever been convicted of a crime. In addition, if you so choose, you can file for an expungement of the arrest 6 months after completing conditional discharge, which then allows you to erase any record of the arrest that led to the charges as well.

For more information, contact my offices anytime at 908-481-4625. I am always available to discuss you case and provide you with a consultation.