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When getting Disorderly Conduct what does Conditional Discharge mean exactly?

Staten Island, NY |

In terms of my record?

Attorney Answers 4

Posted

Disorderly Conduct is a violation and not a criminal level offense. If you are convicted of or plead guilty to a disorderly conduct, your record includes a violation conviction. If that is the only charge, you can state that you have not been convicted of a crime if you are asked. A conditional discharge is basically a revocable sentence. It requires that you stay out of trouble for a specified period of time (generally one year for a violation) and complete any conditions that the court imposes on you (e.g. restitution payment, drug programs, community service, etc.), or else you face a violation of that conditional discharge which can lead to additional punishment. In most cases, these violations get sealed from your record after the one year period. If you have not been sentenced yet, it is a good idea to address the sealing at the time of sentence. Some jurisdictions, Nassau in particular, ask for the defendant to waive sealing at the time of sentence, so it is worth addressing at sentence to be sure that it will be sealed. If you have already been sentenced, you can contact the Department of Justice to find out what is on your record.

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Posted

A Conditional Discharge is like unsupervised probation. It has a list of things you can't do such as commit a new crime. A judge can also add other terms such a community service. In terms of your record, it keeps the case from sealing immediatly and does not seal for 1 year unless the judge orders a shorter date.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.

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Posted

It means that you must meet the condiions of your case as set by the judge for the case to be discharged and in the case of a violation such as disorderly conduct, for t to be sealed. The conditions may include, community service, paying fines or surcharges, abiding by orders of protection, completing any programs and not driviing if you were instructed not to. It also includes that you not get rearrested. If you fail to complete any of the conditions the judge can resentence you up to 15 days jail.

All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.southardlaw.com

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Posted

A conditional discharge is basically a contract between you and the court where you agree to stay out of trouble for a year. There may be other conditions such as the payment of a fine, restitution, abiding by an order of protection or completion of a program. You have no criminal record, from this case, as a disorderly conduct is a non-criminal offense. Usually, the case will not be sealed until the one year period on the conditional discharge has passed.

I have been a criminal defense attorney for over 20 years. Feel free to view my website at Brooklynlaw.net or contact me either by phone at 718-208-6094 or via email at howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.

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