New Jersey Conditional Discharge Program

In New Jersey, the conditional discharge program is an option for first-time offenders. This program offers a defendant the ability to have their charges dismissed and expunged from their record without the need for a criminal trial.

The conditional discharge program is available for disorderly person charges (such as marijuana possession, drug possession, etc.) or where the charge originated as an indictable offense but was downgraded to the municipal court.

How Does the New Jersey Conditional Discharge Program Work?

The conditional discharge statute requires the eligible defendant to enter a plea to be admitted to the program. After the plea, the court will withhold a final judgement of conviction and place the defendant on a reasonable probationary period.

There is no minimum amount of probation, but the maximum under the law is three years. When the probationary period is successfully completed, the charges are dismissed.

Can My Record Be Expunged?

Yes. After the successful completion of the program, and a short waiting period, the dismissed charge(s) can be wiped clear from the criminal record. After the expungement, anyone running a background check will not see the charge was charged against the defendant. It will not show up on the criminal history at all.

Can I Enter the New Jersey Conditional Discharge Program for a DWI Charge?

Unfortunately no, the conditional discharge program is not available in New Jersey DWI cases.

For more information on the New Jersey conditional discharge program's statutory language, see our page at:

New Jersey Marijuana Attorney

If you or someone you know has been charged with a crime in New Jersey, contact the Law Office of Michael F. Niznik for a free consultation. We are experienced in helping our clients through the New Jersey conditional discharge program and at having their criminal record expunged. We can be reached at 267-589-0601 or at

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