10/11/2023
What is Conditional Discharge?
Georgia’s Conditional Discharge statute (OCGA § 16-13-2) is designed to allow first-time drug offenders charged with possession of an illegal drug to avoid a jail or prison sentence. People charged with nonviolent property crimes which are related to the person’s addiction to drugs may also qualify for the benefits of the Conditional Discharge statute.
The Good
1. Your criminal record related to the drug possession charges can be expunged / restricted if you successfully complete the program. This means that no one other than law enforcement and the court system will know that you were ever on probation for the drug charge. It also means that you were never convicted of the crime; meaning, you will not be a convicted felon.
2. If the judge allows it, your criminal record can be sealed while you are on Conditional Discharge probation. This means that all criminal records in possession of the clerk of court will be unavailable for the public to view or obtain. Also, any mugshots, fingerprints, or other booking information in possession of the jail or arresting agency will be unavailable for the public to view or obtain.
3. 3 years is the maximum amount of time you would be required to remain on Conditional Discharge probation for a drug crime. 5 years is the maximum amount of time you would be required to remain on probation for a Conditional Discharge property crime.
4. If your Conditional Discharge status is not revoked by the Court, you are still eligible to vote in Georgia (local and state) and federal elections.
5. After successful completion of Conditional Discharge Probation, you are still eligible for sentencing under the First Offender Act (OCGA § 42-8-60) for any future criminal charges.
The Bad
1. If you fail to complete your Conditional Discharge probation, the court has the power to adjudicate you guilty and impose the maximum penalty allowed for the drug or property offense. This means you will now have a conviction on your criminal record and the Judge could decide to make you serve your sentence in jail or prison.
2. It does not apply to crimes involving the trafficking, sale, manufacturing, or distribution of illegal drugs. Only cases charged as or reduced to “possession” of the illegal drug qualify for Conditional Discharge.
3. Conditional Discharge can only be used once and can only be used for your first drug-related offense.
4. You are not allowed to possess, transport, or receive a firearm while serving Conditional Discharge Probation (if possession of the drug you pled to is a felony). Possession of a firearm by a Conditional Discharge Probationer is a felony charge and could carry a sentence of 1 to 10 years in prison. Luckily, if you successfully complete your Conditional Discharge Probation, your firearm rights will be restored.
