“What is a Conditional Discharge? Will it show up when my employer pulls up my record?”

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In New York, a conditional discharge is imposed when the court determines neither jail nor probation is appropriate given the circumstances of the case.  As part of a conditional discharge, courts often impose conditions which require, for a period of time, the accused to not break any laws, complete a particular program, or to refrain from contacting certain persons.  It is also possible that the judge simply imposes a fine, or the judge may require the accused to pay a fine on top of the other charges.

A conditional discharge is preferable to an unconditional discharge in situations where the court has a desire to loosely monitor the progress of individual and make sure he or she stays on the right side of the law.

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So long as the accused abides by all of the terms and conditions during the required time-period, he or she is cleared of all charges and does not have a criminal record. However, for certain employment positions with the government, the charge would likely show up on a background check. But with regards to the ordinary background check conducted by a private employer, it is extremely unlikely that any charges would show up, unless a mistake was made.

Contact a Criminal Defense Attorney Buffalo NY for a free consultation

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