Conditional Discharge is a diversionary program in New Jersey designed specifically for first-time drug possession cases handled at the Superior Court level (indictable offenses). If you are charged with possession of a controlled dangerous substance (CDS) and have no prior drug convictions, Conditional Discharge may allow you to avoid a criminal conviction entirely.
What Is Conditional Discharge?
Conditional Discharge under N.J.S.A. 2C:36A-1 allows a defendant charged with a first-offense controlled dangerous substance possession charge to be placed on a period of probationary supervision — typically one to two years. If you complete the program successfully without new violations, the charges are dismissed.
Like PTI, Conditional Discharge is not a guilty plea. You do not admit guilt. You are placed on a supervisory program, and successful completion results in dismissal of the charges.
Who Is Eligible for Conditional Discharge?
To be eligible for Conditional Discharge at the Superior Court level, you generally must:
- Be charged with possession (not distribution or manufacturing) of a controlled dangerous substance or drug paraphernalia
- Have no prior convictions for any CDS-related offense under New Jersey or federal law
- Not have previously been granted Conditional Discharge or Conditional Dismissal for a drug offense
The program is available for possession of marijuana (now largely decriminalized for amounts under 6 oz, but still potentially charged for larger amounts), cocaine, heroin, prescription medications without a prescription, and other controlled substances.
Conditional Discharge vs. PTI for Drug Charges
Some defendants charged with drug possession in Superior Court may be eligible for both PTI and Conditional Discharge. There are important differences:
- PTI is a broader program that covers all types of indictable offenses, not just drug charges. PTI requires a formal application and prosecutor consent. PTI typically lasts 1–3 years. After completion, the arrest can be expunged.
- Conditional Discharge is specific to drug possession charges. It typically requires a guilty plea in some counties (though this varies). The supervision period is often shorter. After completion, the charges are dismissed.
Which program is better for your situation depends on the specific charge, your prior record, and the county where the case is pending. In some cases, PTI is the better option because it can result in a cleaner record and does not require a guilty plea. In others, Conditional Discharge is a more accessible path. Your attorney should evaluate both options before advising you which to pursue.
Conditions During the Discharge Period
Conditions of Conditional Discharge vary by case but typically include:
- Regular reporting to a probation officer
- Drug testing
- Prohibition on new criminal or disorderly persons offenses
- Possible drug or alcohol counseling
- Community service
- Court costs and supervision fees
Violating the conditions of Conditional Discharge can result in revocation and a return to the criminal case, where you face the original charges as if no diversion had occurred.
What Happens After Successful Completion?
Upon successful completion, the court dismisses the drug possession charge. You are not convicted of the offense. You may subsequently apply to have the arrest record expunged after the applicable waiting period. Once expunged, the arrest and charge are not required to be disclosed on most employment and housing applications.
Conditional Discharge in Hunterdon County
Conditional Discharge cases in Hunterdon County are handled at the Hunterdon County Superior Court, 65 Park Avenue, Flemington. Jenna Casper Bloom regularly appears in Hunterdon County Superior Court and can advise you on whether Conditional Discharge or PTI is the right path for your drug possession case — and guide you through the application and supervision process from start to finish.
