What is conditional discharge?
It is like a second chance when it comes to drug offenses. With conditional discharge, you enter a guilty plea but the court defers judgement of guilt but goes ahead and puts you on a period of probation. This could be any period of time up to 3 years for possession charges and 5 years for nonviolent property crimes. Once the sentence is completed with no violations (including restitution payment in regards to property crimes), the charges shall be discharged and dismissed. Meaning, there will be no court adjudication of guilt and it shall not be an admission of guilt. However, if the sentence is not completed successfully, conditional discharge could be revoked and you would be subject to re-sentencing up to the maximum sentence for the original charges. (O.C.G.A § 16-13-2)
Who is eligible?
- any person who has not previously been convicted of any drug offense currently pleading guilty to a charge of possession of a narcotic, stimulant, depressant, hallucinogenic drug, or marijuana
- OR any person never convicted of a property crime currently pleading guilty to a charge of a nonviolent property crime that was related to the defendant's addiction to a controlled substance or alcohol
Can my record be restricted or expunged if I plead under the Conditional Discharge Act?
For pleas on or after July 1, 2013, those individuals who have been discharged under the Conditional Discharge Act qualify for record restriction. However, if you were arrested and sentenced under the Conditional Discharge Act before July 1, 2013, you must complete an application for restriction. If you are arrested and sentenced after July 1, 2013, your charges are restricted upon successful completion of your sentence as soon as the appropriate disposition is entered by the clerk of court or prosecutor. If you plead under the Conditional Discharge Act, read more how we can help you get your record restricted or expunged.