Failed PTI? Here’s How Conditional Discharge Might Help

Maybe you’ve already used your one shot at PTI. Or maybe PTI wasn’t available or didn’t work out. Either way, your case isn’t over. In South Carolina, there’s another possible path: Conditional Discharge.

PTI may be your first hope — but when it’s not available or already used, conditional discharge can be the next best way to protect your record and move forward.

What Is a Conditional Discharge?

Conditional Discharge is a legal option under South Carolina Code § 44-53-450 that allows certain defendants to plead guilty without receiving a permanent conviction. Instead, the court gives you a set period of supervision — and if you complete all requirements successfully, your case is dismissed and expunged.

You can only receive a conditional discharge once in your lifetime. It’s typically used for minor, first-time drug offenses and offers a structured, supervised alternative to prosecution.

How It Works

Here’s what usually happens:

1. You plead guilty or enter a plea before a judge.

2. The court places you under supervision for about six months.

3. During that time, you’re monitored by the probation department, may have to take drug tests, complete community service, and pay required fees.

4. If you meet every condition — and stay arrest-free — your case is dismissed and expunged.

If you fail to meet the conditions, the court can revoke your discharge and enter a conviction on the original charge.

Who Qualifies

Conditional discharge is only available for certain drug-related charges under South Carolina law. It does not apply to violent or serious crimes.

While eligibility is set by state statute, the process can vary slightly by county depending on how local courts and solicitors’ offices handle these cases. Some may have specific program fees or additional steps for supervision.

If you’re unsure whether your charge qualifies, or what the process looks like where you live, it’s best to talk with a defense attorney familiar with your local court system.

Why It Matters

Conditional discharge gives you a structured, time-limited opportunity to show accountability and earn a clean record — even if PTI is no longer available.

It’s a second chance that can:

• Prevent a lasting criminal conviction

• Protect employment and licensing opportunities

• Offer a constructive alternative to traditional sentencing

But it’s not automatic. You must meet every requirement — and you only get one opportunity in your lifetime to use it.

When You Need a Lawyer’s Help

Because eligibility and process details can vary from county to county, having a local defense attorney makes a big difference. An attorney can:

• Determine whether your charge qualifies under state law

• Advocate for you to receive a conditional discharge

• Help you complete every step correctly so your case ends in dismissal

As Erin often says, “Conditional discharge can be a great chance to keep your record clean — even if you’ve made a few missteps in the past.”

FAQ: Conditional Discharge in South Carolina

How long does a conditional discharge last?

Usually about six months, but it can vary slightly depending on your case.

What happens during that time?

You’re supervised by probation, may take drug tests, complete community service, and pay a participation fee.

What if I don’t complete the program?

Your case reopens, and you can be convicted of the original charge.

Does conditional discharge clear my record?

Yes. Once you successfully complete the program, your case is dismissed and expunged.

Can I do it more than once?

No. South Carolina law only allows one conditional discharge in your lifetime.

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Final Thoughts

PTI isn’t the only chance for a clean slate. Conditional discharge gives people who are willing to do the work a structured, realistic path to move forward — even after a few minor missteps.

If you’re facing a charge and wondering whether conditional discharge might be an option for you, don’t guess. Contact Erin Bailey Law to talk through your case and potentially protect your record.