If a defendant has a disorderly persons level drug offense, i.e. possession of marijuana in an amount less than 50 grams (NJSA 2C:35-10(a)(4)), and has not previously been convicted of a drug offense, they may be eligible for the Conditional Discharge Program. This is a “diversionary” program for first time drug offenders in New Jersey. Essentially, a Conditional Discharge is a 12 month probationary term. So long as the defendant does not get any NEW CRIMINAL charges during that time, and does not violate the terms of the probation, e.g. testing positive for drugs, the original charges will be dismissed.
Furthermore, all disorderly persons, petty disorderly persons and enrollments in the Conditional Discharge Program can be expunged (removed) from one’s record eventually. Disorderly persons and petty disorderly persons offenses can be expunged FIVE YEARS after the end of sentence; a Conditional Discharge can be expunged SIX MONTHS after successful completion of the program.
If you have been charged with possession of under 50 grams of marijuana, you need a criminal defense attorney who can determine if you are eligible for this program or if it is the best course of action.
Call me immediately for a free consultation at (973)813-7671.
Christopher G. Porreca, Esq.
222 Ridgedale Ave.
Cedar Knolls, NJ 07927
