What is the Conditional Discharge in New Jersey?

Conditional discharge is a type of diversionary program for first-time drug offenders available in New Jersey Municipal Court. The focus of conditional discharge is on rehabilitation for first-time drug offenders rather than punishment. Under conditional discharge, you may be able to have your criminal charges dismissed after successfully serving one year term of non-supervised probation.  

Eligibility for Conditional Discharge 

Only people facing disorderly persons charges that involve drugs or indictable offenses that have been downgraded to Municipal Court are eligible to participate in the conditional discharge program. Some examples of eligible drug charges include possession of marijuana (prior to its legalization), possession of drug paraphernalia, and possession of some prescription drugs. You also must meet the following criteria: 

• You cannot have a previous drug conviction in any U.S. court. 

• You cannot have previously participated in any other diversionary program, such as a prior conditional discharge, conditional dismissal or pre-trial intervention (“PTI”).  
• You must not pose a danger to the community if you receive a conditional discharge.  

Additionally, conditional discharge does not apply in juvenile court. Having said that, Juveniles are eligible for a juvenile diversionary program called a differed disposition.  

The Conditional Discharge Process 

You must pay an application fee as well as a mandatory safe neighborhood assessment fee, lab fee, law enforcement raining fee and mandatory drug enforcement penalty of $500.00.  The fines an assessments typically range between $800.00 to $1,000.00. Both the prosecutor and the judge must agree to admit you to the program. Ultimately, if you complete the conditional discharge program successfully, the charge is dismissed and you avoid a criminal conviction. The charge and dismissal will remain on your record for not less than six (6) months.  After six (6) months, you are eligible to have your record expunged.  

During your period of supervision, you will be subject to various conditions. These conditions can vary from one case to another. Typically, defendants are required to pass a drug test and be subject to random tests throughout the supervisory period. Other conditions include avoiding being arrested for any other crimes and participation in a drug treatment program.  

If you violate the terms of the conditional discharge program, your conditional discharge will terminate, and the charges against you are reinstated. You then will face prosecution of those charges anew, which could result in a criminal conviction and record.  

Consult Rosenberg, Perry & Associates, LLC Today 

When you are charged with any crime, you may be unsure where to turn first. Get the answers to all your questions about your criminal matter and ensure that your rights are protected throughout the criminal proceedings. Contact our office today at (609) 216-7400, or find us online and learn what we can do to help.