A conditional discharge is not a criminal conviction for purposes of food stamp benefits.

The Office of Inspector General (OIS) was not permitted to administratively disqualify Petitioner, a food stamp recipient, from receiving benefits, nor could it collect an overissuance of food stamps.  OIS asserted that Petitioner had committed food stamp fraud by failing to report a felony drug charge.  However, as Petitioner was not convicted for the felony drug charge but rather received a conditional discharge, i.e., first offender treatment, she was not required to report it as a conviction.  Because first offender status does not disqualify Petitioner for benefits, there was no over-issuance of food stamps.