New Jersey’s Conditional Dismissal Program: Frequently Asked Questions (FAQ)
If you have you have been charged with an offense and your case will be heard in municipal court, you may have questions about the new conditional dismissal program in New Jersey Municipal Courts. Here, we answer some of the most frequently asked questions (FAQ’s) about the conditional dismissal program in NJ.
Q: Am I eligible for the NJ conditional dismissal program?
A: Maybe. If you are facing charges for a disorderly persons offense or petty disorderly persons offense that does not involve domestic violence, it is your first offense, and you have never used a diversionary program in the past, you may be admitted into the conditional dismissal program.
To determine if you are eligible, check out this article explaining how you qualify for the conditional dismissal program.
Q: Do I need to plead guilty to get into the conditional dismissal program?
A: Unfortunately, yes. The statute requires you to plead guilty to the underlying offense in order to enter the conditional dismissal program. If you successfully complete the program, the charges against you will be dismissed later and you will have no criminal record stemming from the charges.
Q: Is the program going to create issues concerning my immigration status?
A: It might. If you are not a U.S. citizen, a guilty plea could cause problems with immigration. Therefore, you should be sure to speak to an immigration lawyer before accepting entrance into the program.
Q: If my arrest was in December 2013, am I still eligible for the program?
A: Unfortunately, no. The conditional dismissal program became effective January 4, 2014 and it is not retroactive.
Q: Can I expunge my arrest once I have completed the conditional dismissal program?
A: Yes. There is a six-month waiting period before you can file for the expungement.
Q: Can I get the conditional dismissal program for a DWI/DUI charge?
A: No. The conditional dismissal program is only available for disorderly persons or petty disorderly persons offenses.
Q: If I used PTI or a conditional discharge on a different occasion, can I still use the conditional dismissal program for a new charge?
A: No. You may only use one diversionary program in New Jersey during your lifetime.
Q: How long will the probationary period last?
A: One year.
Q: How much will the conditional dismissal program cost?
A: There is a $75 application fee. There may also be certain program fees up to the maximum fine permitted for your underlying offense.
Q: I am charged with simple assault stemming from a domestic dispute, but I have no prior record. Am I still eligible for the conditional dismissal program?
A: No. Domestic violence charges are not eligible for the conditional dismissal program.
For more information about the conditional dismissal program in New Jersey Municipal Courts, contact The Tormey Law Firm anytime at 201-556-1570.