South Carolina Conditional Discharge is a form of probation which allows a person accused of a crime to avoid a conviction on their criminal record if they successfully complete the terms of their probation. This form of probation is available to those charged with most non-violent crimes. There are two types of South Carolina Conditional Discharge — Standard Conditional Discharge and Drug Conditional Discharge. With a Standard Conditional Discharge, the accused must complete the terms of the probation in order to avoid having the conviction on their criminal record. These terms may include community service, paying court costs, and avoiding criminal activity. With a Drug Conditional Discharge, the accused must complete a drug treatment program in addition to the other terms of probation. Upon successful completion of the probation period, the criminal charge is dismissed and the accused avoids having the conviction on their record.
South Carolina Conditional Discharge
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FAQ
A conditional discharge comes with a probation period of up to three years and the record is kept on your file for three years.
A discharge is a type of conviction where a court finds you guilty but does not give you a sentence because the offence is very minor. The conviction could be: an absolute discharge. a conditional discharge, where you could still get a sentence if you break the conditions.
Conditional discharge: With a conditional discharge, you must voluntarily agree to conditions in order to be discharged. These conditions often include that you will: Comply with treatment from the community mental health center (CMHC);
If you were given a conditional discharge, your discharge can be taken back by the court and replaced with a conviction. This means you would have a criminal record. If you were given a suspended sentence, the court can bring you back to sentence you for the original offence.
An absolute or conditional discharge does not result in a criminal conviction, therefore there is no criminal record to suspend or pardon.
South Carolina Code Annotated 16-17-530: Public Disorderly Conduct (Misdemeanor) Under South Carolina Code Annotated 16-17-530, the crime of public disorderly conduct is defined as behavior that is outside the bounds of behavior expected of citizens in public areas.
Example: Patrick was given a conditional discharge for possession of a small amount of marijuana, illegal in his state of Louisiana. Patrick was supposed to attend a drug rehab facility as a condition of his discharge, but he didn't.
'CONDITIONAL DISCHARGE' IS DEFINED BY ILLINOIS STATUTE AS A SENTENCE OR ADJUDICATION OF CONDITIONAL AND REVOCABLE RELEASE WITHOUT PROBATIONARY SUPERVISION BUT UNDER SUCH CONDITIONS AS MAYBE IMPOSED BY THE COURT.