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A Conditional Discharge is more serious because it requires a defendant, for up to a maximum period of 3 years, to not commit a further offence.
Conditional discharge - the offender is released and the offence registered on their criminal record. No further action is taken unless they commit a further offence within a time decided by the court (no more than three years).
In the state of New Jersey, crimes are not categorized as felonies and misdemeanors, but rather as indictable crimes, disorderly persons offenses and petty disorderly persons offenses.
What is a Conditional Discharge in NJ?Simply put, a conditional discharge provides defendant's charged with disorderly persons offenses involving a controlled dangerous substances or drug paraphernalia in Hudson County a diversion from the traditional criminal process.
The penalties under New Jersey law for individuals convicted of a petty disorderly persons offense or regular disorderly persons offense include a jail sentence of up to six (6) months. The Court may also impose a monetary fine of up to $1,000.
A conditional discharge occurs in criminal court when you are found guilty but discharged without punishment as long as certain conditions are met. You still have a criminal record, and it will appear on background searches by employers. However, you can take steps to minimize the effect of a conditional discharge.
As you stated in your question, an FBI level background WILL show up the public record of the violation. However, most employers do not perform this level of background check.
Petty Disorderly Persons Offense (misdemeanor) usually five years; however, an individual may be eligible for a three-year early pathway expungement. Disorderly Persons Offense (misdemeanor) usually five years; however, an individual may be eligible for a three-year early pathway expungement.
To be clear, disorderly conduct when charged under NJSA 2C:33-2, while not a crime under New Jersey law, is still a criminal offense. Specifically, it is a petty disorderly persons offense punishable by up to 30 days in jail and up to a $500 fine.