Expungement of a Diversionary Program in New Jersey
Experienced NJ Expungement Attorneys for Clearing Your Record of PTI & Conditional Discharge
If you were arrested and charged with an indictable felony, disorderly persons, or petty disorderly persons offense in New Jersey, and you successfully completed a diversionary program to have the charges dismissed, you may not have all of the information you need to truly move forward with a clean criminal record.
A diversionary program (also known as a program of supervisory treatment) such as Pre-Trial Intervention (PTI), Conditional Dismissal, or Conditional Discharge, may lead to the dismissal of the charges against you; however, documentation of your initial arrest and the original charge will continue to appear on your criminal record.
As a result, inquiring parties such as potential employers, educational institutions, and community organizations will still have access to these records if and when they run a criminal background check on you. Fortunately, New Jersey provides a legal solution for eligible applicants through a process called an expungement, a service Travis J. Tormey provides for his clients on a regular basis.
If you meet the necessary criteria, a petition for expungement may be submitted to the Superior Court for approval. If the Superior Judge subsequently signs the order approving your expungement, any documentation related to the offense is essentially eliminated. After the court enters the expungement order, you are legally permitted to respond to any questions regarding a previous arrest, charge, and completion of a diversionary program with the answer “No.” In addition, if potential employers, agencies, or others seek to verify your statement by a running a criminal background check in the future, you will have a clean record to prove it. It is important to note that there are two exceptions to this rule, applicable only to those pursuing employment in law enforcement or the judicial branch of government.
By enlisting an experienced criminal defense attorney like Mr. Tormey to facilitate this complex legal process, you can ensure that your expungement petition is submitted, substantiated, and resolved with the best chances for a successful outcome, and (in most cases) you never even have to appear in court.
Expungement of a Diversionary Program (PTI, Conditional Discharge, or Conditional Dismissal): N.J.S.A. 2C:52-6
New Jersey addresses the expungement process associated with cases resolved through the completion of diversionary programs under subsection (b) of N.J.S.A. 2C:52-6. According to this subsection, a defendant who is enrolled in a diversionary program prior to the dismissal of his or her charges is subject to a 6-month waiting period before becoming eligible for an expungement. Notably, individuals who are deemed legally “insane” or “mentally incapacitated” will not be granted an expungement, regardless of the time that has passed since the case itself was resolved.
N.J.S.A. 2C:52-6 details the following with regard to expungements of diversionary programs in New Jersey:
(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.
(c) Any person who has been arrested or held to answer for a crime shall be barred from the relief provided in this section where the dismissal, discharge, or acquittal resulted from a determination that the person was insane or lacked the mental capacity to commit the crime charged.
Contact an Experienced Expungement Lawyer for a Free Consultation
Achieving the dismissal of your charges through the successful completion of diversionary program is an admirable feat. Unfortunately, unbeknownst to many individuals who pursue this legal avenue, the State maintains a record of your initial arrest and the charge or charges against you. Receiving an expungement can truly erase the underlying incident from your criminal record, opening endless possibilities for your future. Travis J. Tormey provides expungements for his clients throughout New Jersey and would be happy to discuss your potential eligibility anytime. Contact The Tormey Law Firm at (201)-556-1570 for a free consultation.