New Jersey Conditional Discharge Law 2C:36A
2C:36A-1. Conditional discharge for certain first offenses; expunging of records
a. Whenever any person who has not previously been convicted of any offense under section 20 of P.L.1970, c.226 (C.24:21-20), or a disorderly persons or petty disorderly persons offense defined in chapter 35 or 36 of this title or, subsequent to the effective date of this title, under any law of the United States, this State or any other state relating to marijuana, or stimulant, depressant, or hallucinogenic drugs, is charged with or convicted of any disorderly persons offense or petty disorderly persons offense under chapter 35 or 36 of this title, the court upon notice to the prosecutor and subject to subsection c. of this section, may on motion of the defendant or the court:
(1) Suspend further proceedings and with the consent of the person after reference to the State Bureau of Identification criminal history record information files, place him under supervisory treatment upon such reasonable terms and conditions as it may require.
Conditional Discharge Explained
The Conditional Discharge Program can be a way out of serious penalties for a first time drug offenders. Being arrested with a small amount of a drug, such as marijuana or a hallucinogenic drug, may allow an individual to qualify for conditional discharge. By being accepted to this program, the individual will have to remain out of legal trouble and be placed on probation for at least a year. In some cases, the court may order that the individual be placed on conditional discharge for three years. During this time they will have to report to probation and are subject to take at least one random drug test. If they violate any of the guidelines in the program, there will be a violation ordered in court and the individual will have all suspension of charges dropped. The bottom line is that in order to complete the program successfully, the individual must fully comply with the rules of the Conditional Discharge Program without any violations.
