New Jersey’s New Conditional Dismissal Program: Frequently Asked Questions (FAQ)

By Travis Tormey posted in Stages of a Criminal Case on Monday, February 10, 2014

Here are some of the most common questions I have received about the new conditional dismissal program in New Jersey Municipal Courts which became effective January 4, 2014.

• Am I eligible for the conditional dismissal program in NJ?

To learn the basics about the conditional dismissal program in NJ, please see my other article to determine if you are eligible.

• Do I have to plead guilty to get into the program?

Unfortunately, yes. The statute requires you to plead guilty to the underlying offense in order to enter the program. However, if you successfully complete the program, the charges will be dismissed and you will have no criminal record.

• Is the program going to create issues with regard to my immigration status?

It could. If you are not a citizen, because you have to plead guilty to enter the program that guilty plea could cause you problems with immigration even though the charges will be dismissed at the end of the probationary period. Therefore, you should speak to an immigration lawyer before entering into the program.

• My arrest was December 2013. Am I still eligible for the program?

Unfortunately, no. The program became effective January 4, 2014 and is not retroactive so it only applies to arrests after January 4, 2014.

• Can I expunge my arrest after I complete the program?

Yes, it is a six (6) month waiting period before you can file for the expungement.

• Can I get the conditional dismissal program on my DWI?

No, only on disorderly persons or petty disorderly persons offenses.

• If I used PTI or a conditional discharge before, can I still use the conditional dismissal program on a new charge?

No, you can only use one diversionary program in New Jersey in your life.

• How long is the probationary period going to be?

One year.

• How much does it cost?

There is a $75.00 application fee and then there are certain program fees up to the maximum fine permitted relating to your underlying offense.

• I am charged with simple assault based on a domestic dispute with my wife. I have no prior record. Am I eligible for the conditional dismissal program?

No, domestic violence charges are not eligible for the conditional dismissal.

For additional information on the conditional dismissal program in New Jersey Municipal Courts, contact my office anytime at (201)-330-4979.