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Answers to Frequently Asked Questions (FAQ) about the NJ Conditional Dismissal Program

Morris County NJ Superior Court

You might have questions about the new conditional dismissal program in NJ Municipal Courts.

 

Q: Am I eligible for the conditional dismissal program in New Jersey?

A: Maybe. To learn the basics about the conditional dismissal program in NJ and to find out if you are eligible, please see Travis Tormey’s other article to determine if you are eligible.

 

Q: Do I have 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 program. However, if you successfully complete the program, the charges against you will be dismissed and you will have no criminal record.

 

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

A: It might. If you are not a citizen, a guilty plea could cause problems with immigration. Therefore, you should speak to an immigration lawyer before entering into the program.

 

Q: 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 is not retroactive. This means that the program only applies to arrests after January 4, 2014.

 

Q: Can I expunge my arrest after I complete the program?

A: Yes. However, 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 charge?

A: No. The conditional dismissal program is only available on disorderly persons or petty disorderly persons offenses.

 

Q: If I used PTI or a conditional discharge previously, can I still use the conditional dismissal program for a new charge?

A: No. You can only use one diversionary program in New Jersey during your life.

 

Q: How long will the probationary period last?

A: One year.

 

Q: How much does the conditional dismissal program cost?

A: There is a $75 application fee and then there will be certain program fees up to the maximum fine permitted for your underlying offense.

 

Q: 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?

A: No. Domestic violence charges are not eligible for the conditional dismissal program.

 

To learn more about the conditional dismissal program in New Jersey Municipal Courts, contact Travis J. Tormey anytime at 201-556-1570.

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