PTI or Conditional Discharge: Do I have a Record?

By Travis Tormey on Friday, December 14, 2012

Many clients often ask me about the Pre-Trial Intervention (known as “PTI”) and the conditional discharge program and about the expungement process regarding these programs. If you or a loved one has successfully completed PTI or the conditional discharge program, then you have no criminal record from this charge. By successfully completing the diversionary program, the charges were dismissed at the end of your probation. However, there is a record of the arrest because when you were originally charged you were arrested and processed (fingerprints, mugshot, etc.). Now, you can have that arrest expunged six (6) months after you complete PTI or the conditional discharge.

An expungement of your PTI completion or conditional discharge completion is governed by N.J.S. 2C:52-6 which provides in pertinent part:

§ 2C:52-6. Arrests not resulting in conviction

b. Any person who has had charges dismissed against him pursuant to P.L.1970, c. 226, § 27 (C. 24:21-27) [FN1] or pursuant to a program of supervisory treatment, shall be barred from the relief provided in this section until 6 months after the entry of the order of dismissal.

As a result, if you have successfully completed PTI or the conditional discharge program, you have no criminal record. If you would like to get the arrest record expunged, you are eligible six (6) months after you complete the program.


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