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Qualifications for conditional discharge under North Carolina’s § 90-96

On Behalf of | Jul 5, 2023 | Criminal Defense |

The situation can be stressful and scary if you are arrested for a drug crime. However, North Carolina § 90-96 offers a conditional discharge for first-time offenders facing certain charges.

To take advantage of this, you must know the requirements and meet the qualifications. Learn more about what these are here. 

Qualifying for a conditional discharge

To qualify for the conditional discharge, you must meet certain requirements. These include the following:

  • No prior felony convictions
  • Current charges must be a first-time nonviolent drug offense
  • Completion of substance abuse assessment and treatment

It is important to note that your eligibility may be contingent on the type and quantity of the drug involved in the offense. Each case is evaluated individually, considering the defendant’s circumstances and criminal history.

Completion of substance abuse assessment and treatment

You must complete a substance abuse assessment to qualify for the conditional discharge program. The assessment determines if you need treatment. If it is determined that you need treatment, you must complete it before the state considers you for the conditional discharge program. 

After treatment, you must also adhere to court-ordered conditions, which may include the following:

  • Counseling
  • Educational programs
  • Interventions to help address substance abuse
  • Regular drug testing
  • Support group meetings
  • Avoiding additional criminal activity

The conditional discharge may be terminated if you do not meet the conditions. This may also lead to additional consequences for the initial crime. 

North Carolina’s § 90-96 program allows first-time drug offenders to avoid a conviction. However, to qualify for this, you must meet all the requirements. If you have been arrested for a drug charge, it is smart to explore all your options so that you can find the best outcome for your situation.