New York conditional discharges are the most common sentencing disposition so why are they so confusing. This video destroys the three main myths about CDs in New York.
The three most common myths about Conditional Discharges:
1. Conditional discharges do not dismiss any of your criminal or non-criminal charges.
The court outlines a set of conditions or obligations which must be performed. These will usually have dates assigned for completion. The judge may require proof that you went to classes, did community service, paid fines, got a drug/alcohol evaluation, went to therapy/treatment, or other condition.
The discharge is a release from your obligations with the court.
2. Conditional discharges do not seal any of the charges.
The public will be able to assess your records. They will show up on background checks. The only way to seal any criminal charges is by filing a sealing motion (after 10 years).
3. Conditional discharges are not forever.
The CD has a specific period of time, usually one to two years from the date of sentencing. This is a general stay out of trouble or do not get re-arrested for anything.
Conditional discharges can be attached to violation level and criminal level offenses.