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  1. #1
    Join Date
    May 2009
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    18

    Default Is a Conditional Discharge a Conviction

    Relatively simple question, but I can't seem to a straight answer.

    Is a conditional discharge in New York State a conviction?

    There seem to be two common answers:

    1. NO, assuming you have met the conditions outlined in the conditional discharge, it is NOT a conviction and thus you may truthfully state that you have not been convicted of a crime. Your crime is being discharged as long as you meet the conditions given by the court.
    2. YES, it IS a conviction. A conditional discharge simply means that the court will not send you to jail or probation as long as you adhere to the conditions provided - if you do not, the court my re-sentence for the crime. You are discharged from having to serve jailtime or probation as long as you meet the conditions given by the court.


    I have seen articles stating that number one is the truth, but reading the actual definition from NYS leads me to believe that #2 is actually the case.

    Anyone?

  2. #2
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    Sep 2005
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    Default Re: Is a Conditional Discharge a Conviction

    It's going to depend upon the underlying offense and the purpose for which the offense is being classified. For example, a conditional discharge may be treated as a conviction by the USCIS, or under the U.S. Sentencing Guidelines, §4A1.2(c)(1)(A).

    New York has a "conditional discharge" statute that differs from what would be deemed "conditional discharge" in most states; it speaks of a sentence allowing for release from jail without supervision by the Department of Probation, but which requires compliance with conditions set by the court. It appears that in this context the term "discharge" has to do with your being conditionally discharged from supervision, not from the consequence of a conviction. I suggest you look to the specific terms of your sentence - was the sentence that if you completed probation, your charge would be dismissed? Or check the abstract of the case or your criminal record to see how the offense appears.

  3. #3
    Join Date
    May 2009
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    18

    Default Re: Is a Conditional Discharge a Conviction

    Quote Quoting Mr. Knowitall
    View Post
    It's going to depend upon the underlying offense and the purpose for which the offense is being classified. For example, a conditional discharge may be treated as a conviction by the USCIS, or under the U.S. Sentencing Guidelines, §4A1.2(c)(1)(A).

    New York has a "conditional discharge" statute that differs from what would be deemed "conditional discharge" in most states; it speaks of a sentence allowing for release from jail without supervision by the Department of Probation, but which requires compliance with conditions set by the court. It appears that in this context the term "discharge" has to do with your being conditionally discharged from supervision, not from the consequence of a conviction. I suggest you look to the specific terms of your sentence - was the sentence that if you completed probation, your charge would be dismissed? Or check the abstract of the case or your criminal record to see how the offense appears.
    You're leaning toward the second option - that's what I'm thinking as well. The offense was a (first time) DWI.

    What I got back from the court was essentially a sheet of paper with the terms of the discharge - take class x, lead a lawful life for a period of one year. There is nothing about dismissing the charges after one year. The impression I get from that, given the verbage I've read that I believe was official NYS, is that I will still have that conviction after a year. The court simply let me off of jail or probation given that I adhere to those conditions. If I violate them, then I get re-sentenced.

    My confusion arose from doing searches about the conditional discharge will yielded many articles (all based in NY) about people getting CDs and how that would reportedly dismiss the charges after the CD expired. The sources were reputable news sources, but noone seemed to correct them nor could I find any information actually describing a CD which remained on a criminal record.

    Humorously, I've scoured the internet and haven't been able to find a clear, concise answer to this, though it does appear the second case is the truth.

    Let's simplify - if anyone knows with any certainty if a Conditional Discharge in NYS would require you to answer "yes" to an employer asking if you've been convicted of a crime, please post!

  4. #4
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Is a Conditional Discharge a Conviction

    Unless it was an acd or some type of diversion or if the charge was a violation.Then you have to answer yes to that question of being convicted of a crime. If you got sentenced to a year conditional discharge for misdemeanor assault for ex,you still would have a misdemeanor conviction.It's like probation just w.o any supervision. The court clerk might be able to help you or should ask your lawyer. Maybe you can call and ask someone at the legal aid society.Just get the disposition of the case paper from the clerk .

    1. Criteria. (a) Except as otherwise required by section 60.05, the
    court may impose a sentence of conditional discharge for an offense if
    the court, having regard to the nature and circumstances of the offense
    and to the history, character and condition of the defendant, is of the
    opinion that neither the public interest nor the ends of justice would
    be served by a sentence of imprisonment and that probation supervision
    is not appropriate.

  5. #5
    Join Date
    Jun 2009
    Posts
    2

    Default Re: Is a Conditional Discharge a Conviction

    my friend got discharged 8 months ago for a criminal case in california, and now they are calling her back in for an araignment..do you know if the district attorney has a good case because its been too long since the crime? have you ever had any cases like this?

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