Conditional Discharge

 

All About Conditional Discharge

Conditional discharge is a type of sentence that can be given out in criminal cases. It’s when the judge says you’re guilty but doesn’t actually punish you as long as you stay out of trouble for a certain period of time. It’s kind of like being on probation except there’s no probation officer watching over you. Let’s break it down so you really understand what it is and if you might be able to get one.

What exactly is conditional discharge?

When you get conditional discharge, the judge finds you guilty but doesn’t give you any punishment as long as you follow certain rules for a set amount of time, usually 1-3 years. The main rule is that you can’t get arrested again. If you manage to stay out of trouble, at the end of the conditional discharge period the conviction is erased from your record like it never happened. So it’s a chance to keep your record clean if your offense wasn’t too serious.

Judges give out conditional discharge when they wanna give someone a break – maybe it’s a first offense or a minor crime. It’s a way to let you off easy without technically finding you “not guilty.” Kinda like a warning that says “I know you did something wrong, but I’m willing to give you another chance if you fly straight from now on.”

What are the benefits?

The best part of conditional discharge is getting to keep your record clean, especially if it’s a first offense. Having a criminal conviction can really mess up your life – it can be hard to get a job, rent an apartment, get student loans, etc. Conditional discharge means you avoid all that if you manage to complete the sentence without screwing up.

You also avoid having to be on probation, which is a big relief. No meetings with a probation officer, no random drug tests, no one checking up on you all the time. You just have to keep your nose clean and check in with the court occasionally to say you haven’t been arrested again. Way better than strict probation supervision.

And of course you avoid jail time. Even a short jail sentence can disrupt your life and leave you with a permanent record. Conditional discharge lets you stay free and get the charges dismissed in the end.

What are the downsides?

The biggest downside is that if you do get arrested again at any point during the conditional discharge period (usually 1-3 years), you can get punished for both the new offense AND the original one. The judge can reinstate the original charges, find you guilty, and sentence you for both crimes.

So if you mess up even once while on conditional discharge, you could end up with a criminal record when you were trying to avoid having one in the first place. It can be easy to slip up, so you have to be really careful not to put yourself in situations where you might get in trouble again.

You also have to make sure you check in with the court when you’re supposed to. If you miss a court date or ignore the rules, the judge can give you a real sentence for the original crime. So you have to stay on top of things.

What types of crimes can you get conditional discharge for?

It’s usually given for minor, nonviolent crimes and first offenses. Things like petty theft, minor drug possession, disorderly conduct, trespassing, etc. More serious or violent felonies like assault, robbery, sex crimes, gun charges, etc generally won’t be eligible for conditional discharge.

DUI is one common offense where conditional discharge is possible, especially for first-time offenders. The judge may offer it if you didn’t hurt anyone and your blood alcohol level wasn’t crazy high. You’ll still have to attend alcohol education classes and might get your license suspended for a bit.

Sometimes conditional discharge is offered as part of a plea bargain if the evidence against you isn’t rock solid and the prosecutor just wants a conviction without going to trial. They figure some conviction is better than risking an acquittal.

How do you get conditional discharge?

First, the crime has to be something relatively minor that’s eligible for conditional discharge based on the laws in your state. Your lawyer will know if it’s a possibility. Then it’s up to the judge and prosecutor whether to offer it. Make sure your lawyer argues for why you deserve it – first offense, getting your life on track, etc.

Having a steady job, being in school, supporting a family, or participating in counseling or drug treatment can help convince the judge you’re worth taking a chance on with conditional discharge instead of harsher punishments.

Be prepared to plead guilty in exchange for the conditional discharge offer. Prosecutors often want a conviction, so you’ll have to admit guilt even though there won’t be formal penalties. Your lawyer can negotiate all this for you.

What happens if you violate the terms?

If you get arrested or violate any of the court’s conditions during the conditional discharge period, you’ll have to go back before the judge for a violation hearing. The judge can then revoke the conditional discharge and sentence you for the original crime.

You’ll also be charged and sentenced for the new crime you committed. So you could end up with jail time, fines, a criminal record, and other penalties for both offenses instead of walking away with a clean slate like you were hoping. Not good!

Some common violations are getting arrested again, failing drug tests, not showing up for court dates, not keeping the probation office updated on your address, and not completing any required counseling or treatment programs. Any slip up could land you in hot water, so be very careful!

Can a conditional discharge be expunged?

If you successfully complete the conditional discharge period without any violations, the conviction is automatically dismissed and treated like it never happened. In most states, you can then apply to have the record sealed or expunged.

This involves filing a petition with the court to destroy any record that you were ever charged or convicted. If approved, it’s like the arrest and conviction are completely erased from your criminal record.

Having your record expunged after conditional discharge gives you the clean slate you wanted. Be aware though, some states make you wait 1-5 years after completing conditional discharge before you can expunge the case. And government agencies like law enforcement can still see the charges after expungement in some circumstances.

But overall, finishing conditional discharge and expunging the case lets you truthfully claim you don’t have a criminal record. Just make sure you stay squeaky clean going forward!

What about immigration issues?

Conditional discharge can sometimes avoid immigration problems for non-citizens charged with crimes. Pleading guilty with conditional discharge may not count as a “conviction” for immigration purposes in some cases.

But it’s tricky – immigration law is really complex. Definitely talk to an experienced immigration attorney before taking any plea deal to understand how conditional discharge could affect your status. You don’t want to plead guilty unless you’re sure it won’t lead to deportation or other immigration headaches down the road.

Certain crimes like drug trafficking, child abuse, and firearms offenses will almost always cause immigration issues regardless of whether conditional discharge is offered. So be very careful and get expert immigration advice!

The bottom line on conditional discharge

Conditional discharge can be an awesome way to keep your record clean if you made a dumb mistake but aren’t a hardcore criminal. Follow the rules for 1-3 years and you can put the whole mess behind you.

Just be super careful not to slip up during that time period. One wrong move and you could go from no criminal record to being convicted of two crimes. Control your impulses and think about the future consequences before doing anything risky.

If it’s your first offense for something minor, definitely explore conditional discharge as an option with your lawyer. Pleading guilty is tough to swallow, but it beats jail time and having a lifelong criminal record. This lets you learn from your mistakes without having them haunt your forever.

Well, I hope this helped explain what conditional discharge is all about! Let me know if you have any other questions. And try to stay out of trouble going forward – this is your chance to go clean. Don’t blow it!

References

Conditional Discharge – FindLaw. Overview of conditional discharge and how it works.

Conditional Discharge: When a Jail Sentence Is Suspended – NOLO. Discusses eligibility and process for obtaining conditional discharge.

Conditional Discharge – Justia. Details on conditional discharge as part of plea bargaining.

What is a Conditional Discharge? – Avvo. Overview of conditional discharge and how it differs from probation.

Conditional discharge – NY Courts. New York-specific information on eligibility and process for conditional discharge.