New Jersey Section 2C:36A-1 – Conditional discharge for certain first offenses; expunging of records.
New Jersey’s Conditional Discharge Law for First Offenders – What You Need to Know
New Jersey law provides a way for some first-time offenders to avoid having a permanent criminal record. It’s called “conditional discharge” and it’s allowed under Section 2C:36A-1 of the New Jersey code. This law gives judges the option to show leniency to people without prior convictions, by dismissing charges after a period of good behavior.
What is Conditional Discharge?
A conditional discharge means the charges are dropped and legally deemed never to have occurred, if the defendant successfully completes a term of probation. It’s a way to give a second chance and incentive to stay out of further legal trouble.
The law applies to most non-violent crimes and disorderly persons offenses. The maximum probationary term allowed is one year. Defendants must pay restitution if applicable and comply with conditions like drug testing, counseling, community service etc. But if they satisfy the requirements, the charges are dismissed and records expunged.
Why Do We Have This Law?
The goal is rehabilitation over punishment for low-level first offenses. We all make mistakes, especially when young. Rather than saddle people with a criminal record for the rest of their lives, this gives them a chance to learn from errors in judgment.
Many lawmakers believe in second chances. Having a record can negatively impact jobs, housing, education, loans etc. A conditional discharge allows people to move on with their lives after proving they’ve changed. It benefits society when people become productive citizens rather than falling into a cycle of criminality.
What Crimes Are Eligible?
Conditional discharge is only for first-time offenders charged with petty disorderly persons offenses, disorderly persons offenses, or 4th degree crimes. These are low-level non-violent charges like minor drug possession, shoplifting, simple assault, criminal mischief etc.
More serious indictable crimes and repeat offenses don’t qualify. Sex offenses are also excluded. A person can only receive one conditional discharge in their lifetime under New Jersey law.
The Conditional Discharge Process:
- The defendant pleads guilty to the charges against them. This is required for a conditional discharge. An Alford plea (not admitting guilt but acknowledging evidence) may also be allowed.
- The judge orders a term of probation not exceeding one year, plus conditions like fines, restitution, counseling, community service etc.
- As long as the defendant completes probation successfully, the charges are dismissed and records expunged. It’s like the crime never happened on paper.
- If the defendant fails to comply with probation terms, the court reinstates the charges and criminal proceedings resume.
Pros of Conditional Discharge:
- Avoids permanent criminal record and stigma
- Motivates lawful behavior and rehabilitation
- Allows moving on with life and pursuing opportunities
- Saves taxpayer expense of incarceration
- Encourages taking responsibility for actions
- More humane than zero tolerance policies
Potential Cons:
- Perception of “slap on the wrist” for lawbreaking
- Risks if rehabilitation is unsuccessful
- Uneven implementation by different courts/judges
- Limited availability – only certain first offenses
- Still involves probation monitoring expense
- Doesn’t address root causes like poverty, addiction
What About Expungement?
New Jersey also allows expungement for certain convictions after 10 years. This is a more extensive process but also erases records.
Expungement differs from conditional discharge in that the conviction still occurs, but is erased later. With a conditional discharge, charges are dropped upfront and no conviction ever takes place if probation is completed.
Consulting an Attorney
The conditional discharge law allows many defendants a chance to avoid the lasting impact of a conviction. But the process involves nuance and discretion. Those facing charges should consult an experienced criminal defense attorney to pursue the best resolution.
While conditional discharge shows some leniency for first time offenders, there are still probation requirements. Plus certain crimes are excluded. An attorney can advise if a defendant may qualify and negotiate the best outcome. They can also guide defendants through the process to give them the best chance of earning dismissal and expungement.
Every case is unique, but in appropriate situations, New Jersey’s conditional discharge law allows people to learn from youthful mistakes without lifelong consequences. With the help of an attorney, many can move forward with a clean slate.