I often have clients ask me about the difference between Pre-Trial Intervention (known as “PTI”) and a Conditional discharge. Both programs are diversionary programs in New Jersey. They are typically only available to first time offenders, those individuals who have little to no contact with the criminal justice system and no criminal record.

Here are two informational videos I created on the conditional discharge program and the PTI program.

Pre-Trial Intervention (PTI) is available at the Superior Court or County level and deals with a diversion from an indictable criminal offense. If you are eligible (meaning you have little to no prior criminal record and you are not charged with a 1st or 2nd degree crime), you can fill out an application for the program and you will be interviewed by the probation department. They will ask you questions regarding your background, family history, employment, any drug or alcohol issues, etc. The PTI application will then be considered by the PTI review board and you will be accepted or rejected from the program. If you are accepted, the county prosecutor’s office will then review the application and accept or reject you from the program. If you are accepted, you will be placed on a period of probation from one (1) to (3) years and the judge will sign an Order of Suspension which keeps your charges pending during the probationary period. If you are rejected, you can file an appeal to a Superior Court judge claiming that the prosecutor’s office “abused their discretion” in rejecting you from the program. Once you are accepted into PTI, as long as you stay out of trouble and avoid any charges during your probation, the charges will be dismissed at the end of the probationary period. You will have no criminal record. This is your one “get out of jail free” card: PTI and a conditional discharge can only be used once in New Jersey. Thus, if you have had PTI before, you can’t get a conditional discharge or get into PTI again. Similary, if you have had a conditional discharge before, you are not eligible for PTI or another conditional discharge. The only record after you successfully complete PTI is a record of the arrest. This record can be expunged from your record six (6) months after you complete PTI.

A conditional discharge is available at both the Superior Court and Municipal Court levels in New Jersey but it is most communly utlilized in Municipal Court. This diversionary program is available for certain minor drug offenses (such as simple possession of marijuana (under 50 grams) or possession of drug paraphernalia). If you have never been convicted of a drug charge in New Jersey or any other State, you are typically eligible for a conditional discharge (known as a “CD”). The Municipal prosecutor will look at your criminal case history (“CCH”) to determine if you are eligible (no prior drug convictions and you have not used PTI or a CD before). If you are eligible, you will be placed on probation for six (6) months or one (1) year, depending on the judge. As long as you stay out of trouble, the charges will be dismissed at the end of the probationary period. Just like with PTI, the only record will be of the arrest. This arrest can be expunged six (6) months after you successfully complete probation.

  • can a person charged with shop lifting still get probation, if they are not eligible for PTI?

  • can a person charged with shop lifting still get probation, if they are not eligible for PTI?

  • Yes, a person can still get a probationary sentence for shoplifting if they are not eligible for PTI. The difference is that with PTI, the charges are dismissed at the end of probation and the defendant avoids a criminal record. With a plea of guilty to shoplifting and a probationary sentence, the defendant has a criminal record as a result of the plea (which may be expunged after 5 years in certain cases).

  • katie

    will new jersey give you a PTI or conditional discharge for an 18yr old who has had no previous criminal record, held a job, and did good in school, for a DUI blowing .22?

  • You can not get PTI or a conditional discharge on a drunk driving offense in New Jersey. PTI is only for serious criminal charges which are handled in Superior Court (county level). The conditional discharge program is only applicable in marijuana cases or other minor drug offenses handled in Municipal Court. Driving while intoxicated (DWI) is not a criminal offense in New Jersey, it is only a traffic offense. If you are convicted of DWI, you still have no criminal record.

  • DeeDee

    Can a good kid (21 years old) usually get PTI for having a BB gun under the seat of his car? No intent to use it…was given as a gag gift from friends (stupid, I know)
    No prior record, etc.

  • Unfortunately, no. Unlawful possession of a weapon is a second degree crime and does not usually result in a PTI recommendation and admission.

  • Jim

    Can you get CD for disorderly conduct?

  • No, unfortunately the conditional discharge program is only available for minor marijuana offenses in New Jersey.

  • Tim

    I got in trouble for a 3rd degree Agg. Assault in 2005 got granted a PTI completed it and discharged in 2008. I am applying for PA state trooper. Will that show up on my record?

  • Tim

    Would I need an expungement to become a police officer even if I completed my PTI requirements?

  • Yes, the arrest will show up on your record but the charge will show up as “dismissed”. If you want to get the arrest off your record, you must apply for an expungement.

  • I would get an expungement of the arrest. However, typically law enforcement agencies may be able to see the arrest even if you get it expunged.

  • Tim

    How much would it cost to get my record expunged? And how long does it take?

  • We charge $1,000.00 for the expungement and it typically takes 60-90 days. Call my office for a free consultation regarding the expungement at (973)971-0030.

  • Grace

    My 18 year old son was charged with underage gambling in Atlantic city for hitting a slot machine. Can he use PTI or CD?

  • anonymous

    My boyfriend was caught with a bottle of ( different)pills an ounce of marijuana. unfortunately the police found baggies for the weed. and gave him 25 charges for each different type of pill. and possesion for each type of pill. Do you think he can be eligible for p.t.i. The cops were called because he made a suicide attempt and when they arrested him he was completely unconscious and sent straight to the hospital. Now we’re just waiting for the court date. also almost 2,000 dollars was found in his pocket which i’m guessing is more evidence.

  • Unfortunately, that case does not sound like PTI is likely. It depends on which county you are talking about because each county prosecutor’s office is different. I am interested to know if he was charged with possession with intent to distribute and whether or not a school zone was involved because these charges lead to enhanced penalties and jail time. It sounds to me like this is a case where my job would be to keep your boyfriend out of jail.

  • No. Unfortunately, an underaged gambling offense is a disorderly persons offense which will be handled in the Atlantic City Municipal Court. As a result, PTI is not an option because that program is only available at the Superior Court level for indictable criminal charges. Moreover, the conditional discharge program is only allowed for drug related offenses.

  • andra

    we were on vacation for prom weekend., we live in somerset. but this happened in seaside heights. so ocean county. and yes there is distribution and possesion for each pill. and no we weren’t in a school zone. The lawyer we have now says p.t.i is our best scenario. but we’re keeping options open. 5-10 is what it could be. and he’s really a good kid making a bad choice on prom weekend . so jail we’re hoping is not an option.

  • So scared

    I finished probation july 31 2010 under my conditional discharge, and last night I got pulled over for a headlight and ended up with a cds in a motor vehicle due to roches and a grinder. How screwed am I? Am I going to lose my liscense . . .

  • That depends on a lot of things. Did you consent to the search? Was the contraband in plain view? Otherwise, it may have been an illegal search. Also, what town was it in? Contact my office anytime for a free consultation and I’ll go over everything with you, (973)971-0030.

  • so scared

    no it wasnt in plain view but they did the whole if we search ur car are we gonna find anything i couldnt get in trouble they scared me to death.. it was montclair state police and i have to go to cliftons court.. but they messed up on the tickets and they both say both little falls and clifton.. i dont even see how that can stand up in court cause its pretty much saying i was in two municipalities at once… i dont know what to do or who to talk to.

  • Molly

    A friend of mine is currently in the PTI program. He was charged with 5 felony counts of selling marijuana to an undercover officer 3 times. He was given a PTI and a few weeks later he was arrested for DWI. Will they revoke his PTI? He has not gone to court yet, but when he was arrested for the DWI he was swerving on the road and pulled over and then they did a breathalizer. He was at a .18. Both offenses occurred in Monmouth County.

    Thanks.

  • I don’t think his DWI arrest will effect his PTI. He needs to get a good lawyer on the DWI because, if it’s a first offense, he may be able to limit his license suspension. He is facing seven (7) months to a year on that right now but a seasoned DWI attorney can do better than that. Contact my office for a free consultation at (973)971-0030. Thanks.

  • robert

    if i was givin a conditional discharge would it keep me from becoming a police officer?

  • joel

    Hi i recently got arrested for TERRORIStic TREATS i never been arrested ever my bail got lower ..
    what could i b facing here ? can i get a pti or ?

  • J

    If on pti under my maiden name and charged w/something new under my married name will the courts find out.

  • Yes.

  • It sounds like you are facing a third degree terroristic threats charge which means you would be eligible for PTI depending on the circumstances and the alleged victim.

  • Kay

    Hi,

    I was arrested back in 2009 on 2 3rd Degree and 1 4th Degree Counts. I was granted PTI for 3 years since I was a Med Student and got involved by mistake. I just had my early dismissal approved in early 2011. According to you comments, I would have to get my arrest record expunged in order to have a clean history. How much would it cost me? Also, I am a Legal Permanent Resident (Green Card Holder). Would I have any trouble renewing my Green Card when the time comes or Apply for Citizenship/Naturalization? Any response would be greatly appreciated. Thanks.

    Kay

  • Yes, you need to get the arrest expunged to have a completely clean record. Our fee is $1,250.00 for an expungement motion and it takes 60-90 days for the expungement process, beginning to end. If you are interested or have further questions, you can contact my office at (973)971-0030.

  • Anthony

    Can someone be eligible for PTI with 2nd degree charges(gun charges) but they have a permit to carry in the state of PA,NO PRIORS,college student,and the charges are not any type of assaults or “victim” charges? Do you think they(Atlantic County Superior) would make an exception because of the good character the defendant holds?
    -Also can the request for PTI (with the same charges) be submitted by the defendant himself, or MUST the attorney/public defender request for PTI for its defendant?

  • A PTI resolution is possible in certain cases. You need to be represented by an attorney (either a public defender or private lawyer) and apply to PTI. Remember, because its a second degree charge, you need permission from the prosecutor’s office to apply to PTI.

  • Samantha nicole

    My house just got raided n I recieved 8 charges, the worst being distrubution to an informant, as well as possession in a school m park zone, and paraphernalia, my boyfriend was doing it but I didn’t know but he was staying in my room with me at my family house, the cops said I sold to the informant too though, I took my conditional discharge when I was 18, and I don’t know what would be the best option for me to do, or even what my options are I am about to have my first child n would like to prevent going to jail if possible

  • I would be happy to discuss this case with you. Call my office for a free consultation at (973)971-0030.

  • Bryan C

    I am 23 years old and just got arrested for possession of over 50grams of marijuana. When I was a junior in high school (17,18yrsold) I got arrested for possession of marijuana, in which I only had a few grams on me. I used the CD program and was on probation for a year and completed the program. I now face pretty serious charges since I had over 50grams this time. I am going tomorrow for my intake interview and was going to apply for PTI. I have a full-time job as a recruiter in Manhattan along with a B.A. from University of Rhode Island. Is there a chance that I can still be accepted into the PTI program? I could have sworn I was 17 years old the first time it happened, in which this should be my first criminal offense as an adult. However, the fact I went through a CD program makes me think they charged me as an adult. Please Help, I need some good advice

  • twinkie thomas

    can a state correction officer in nj. be on a pti program while working as an a officer or do they get susupended until completion of pti and charges are dismissed?

  • R.S.

    Im 23 years old and I was arrested and received a 3rd degree attempt to theft charge, this is my 1st time getting in trouble with the law, am I eligible for the PTI program?

  • Yes, based on the limited information you have provided. If you need additional assistance, please contact my office anytime for a free initial consultation at (973)971-0030.

  • CF

    if given a conditional discharge will anything show up on your criminal record during the time you are completing the term. Also when placed on probation do you have to report when your leaving the state?

  • JJ

    I was arrested 9 years ago for marijuana possession and successfully completed the CD program which would result in the charges showing up as dismissed if i understand correctly. I was recently arrested again for marijuana possession, and my question is that if the prior arrest shows up as dismissed if i can use the conditional disharge for a second time.

  • Unfortunately, you are not eligible for a second conditional discharge. You may want to hire an attorney to see if the second set of marijuana charges are valid (i.e. was there probable cause for the stop, was the search legal, etc.). Contact my office anytime for a free consultation at (973)971-0030.

  • brian

    Will I get accepted for pti,Nj- if I went through an ard program for underage dui 6 years ago in another state-Pa? Should I say no priors for that? Will the probation department call the state and/prior employment and check info? I’ve been in Nj for 1.2 years, is that acceptable? Thankyou*

  • Pete

    My 22 yoa son was arrested and charged with being under the influence of CDS (Methylenedioxy-N-Methylamphetamine)/ Disorderly Persons Offense . He has never been in trouble in the past. Is he eligible for PTI or a Conditinal discharge.

  • Rob

    If someone has PTI and is almost done n gets caught with DWI will this affect PTI.

  • Yes, he is eligible for a conditional discharge.

  • It should not effect your PTI status. A DWI is a traffic violation in New Jersey and, although you have to report the arrest to your PTI probation officer, I don’t believe it should result in your termination from the PTI program.

  • John Doe

    If I was to get charged with possesion of marijuana in a motor vehicle and i had some baggies in the car so they charged me wit distribution, am I eligible for the PTI program? I had about 10.5 grams in the car but nothing was bagged up. I dnt sell weed, it was just for personal use. And would the program be better or the CD?

  • neek

    my boyfriend has been arrested for carrying a bb gun.machete and a few bags of marijuana. will he be eligible for the pti program and does he have to plead guilty to apply for it?

  • It is difficult to get PTI on a distribution case. It depends on what county you are in. Also, it is important to show that any distribution was a dependence issue as opposed to financially based. Further, the fact that you only have 10.5 grams is good because that is a very low weight which will make it difficult to support a possession with intent to distribute charge. PTI is only available at the County (or Superior Court level) while a conditional discharge is only available in Municipal Court. They are both diversionary programs in New Jersey.

  • If he has no prior record, he is eligible to apply for PTI. However, whether or not he gets into the program is a different story. A BB gun is most likely a second degree offense which is going to be difficult to get into PTI. The prosecutor’s office has to consent to allow you to even apply for PTI on a second degree offense. He would not have to plead guilty to be admitted into PTI.

  • Mike

    Hey I was caught with herion (4 bags), marijuana under 2gs n two other types of prescription pills to talking 6 pills all together. I am a good kid with a full time job n it was all for personal use. My CJP hearin is coming up in a few days. I’ve nEver been in trouble with the law before…and am kinda glad this happened bc this is my first week clean in years. I want to apply for PTI and am tryin to find out if I apply for that at CJP? Also I dont have the mOney to afford a lawyer, do u think I’ll be alright gettin excepted without have representation?

  • You should apply for a public defender. Based on the fact that you said “CJP”, I’m assuming it’s Hudson County so I would say you have a good shot of getting PTI. If you have any further questions, please contact my office for a free consultation at (973)971-0030.

  • Adam

    During the probationary period of a PTI will anything show up in a background check during the probationary period even though the charges are pending or order of suspension?

  • Yes, the charges will show up on a background check as “pending” during the period of PTI probation and then dismissed at the end of probation upon the successful completion of PTI. The charges will then show up as “dismissed” on the background check. To have the charges removed altogether, you can file an expungement in the county in which you were charged.

  • Rich M

    If you’re in the middle of your 1 year probation after a conditional discharge for charges of possession of less than 50gm marijuana, and you have to be fingerprinted for a sub teacher position, will anything show up to keep you from getting the job? Are these considered pending charges until the probation period is complete? And what will show up on a background check? I plan to have it expunged once I complete the probation, but would like to get this job in the meantime.

  • It’s going to show up as “pending” during the period of your conditional discharge probation. This will show up on a background check. You can file for an expungement six (6) months after you complete the conditional discharge program.

  • PS

    What would your office typically charge to handle a third degree crime? And how much is the consultation?

  • It is possible to get probation on that type of charge. A third degree crime has a presumption of nonincarceration if you have no prior indictable offenses on your record. My fee depends on the court and the degree of the offense. The consultation is free. Contact me anytime for a consultation at (973)971-0030.

  • SCAP

    Can a prosecutor and / or has authority to dismiss a case against a couple who issued five checks (each for more than $75,000.00) and were indicted by Grand Jury for Theft by Deceprion and passing Bad Checks.
    Can a Victim object to such dismissal and have any recourse to against such dismissal?
    Is there a reviewing authority for review of fairness and justice or one that can comple the offenders to make good payments for bad checks?

  • Jason

    Hello quick question I messed up over 10 years ago 12 to be exact and was put on PTI for the crime. I finished PTI w/o a issue now 12 years later I messed big time I have 2 charges that combined could be PTI eligablee can u go on PTI twice? or would it be a matter of ordinary Probation with record vs Jail?

    I’m a single father on SSD so idk whats going to happen I screwed up big time all I can say I didnt take my Psychotropic Medications(Seroquel) being one…… I took something then told PD where it was, bottom line I got ror’d but both are of 3rd degree if I was on PTI 12 years ago can it be offered or is it just probation or Jail? 3-5yrs

  • Unfortunately, you can only receive the benefit of PTI once in your life. As a result, if you are unable to beat this new charge, you will be looking at probation. On a third degree or fourth degree indictable crime, there is a presumption of non-incarceration if you have no prior criminal record. If you do have a prior record, than you could be facing three (3) to five (5) years in state prison on a third degree offense.

  • theresa

    if a person gets arreste and is put on pti, and then 3 years later is arrested and given a disorderly persons offense for marijuana, what are the realistic outcomes with a good lawyer? a change of dismissal, probatio?

  • Anonymous

    If someone went through a hostile divorce and the spouse had them arrested (multiple charges) but the charges were dismissed and then they got charged with something do they qualify for PTI?

  • Yes. The prior arrests which resulted in dismissal do not disqualify you for PTI. Obviously, depending on the nature of the new offense, you may or may not be accepted into PTI. Some factors that will be considered is the degree of the offense and whether or not the new offense is a violent crime.

  • Dan

    if i completed a conditional discharge program at the municipal court level for possession of marijuana, am I eligible for PTI at the County Court level for harassment/bias intimidation?

  • The short answer is…….No. Once you use a diversionary program in New Jersey, either PTI or the conditional discharge program, you are no longer eligible in the future. This is your “one free bite at the apple.”

  • Christian

    i completed P.T.I 2years ago, can i still become a federal agent or a local officer? its been preventing me so far from getting accepted into the military. i haven’t gotten my arrest record cleared yet. one recruiter told me they can still pull it up. it’s with you forever and any government job you apply for can pull it out from the FBI database .. is this true and if so is their any point of getting it expunged ?

    i also got an underage dwi. i was below the legal limit 0.04 blood alcohol level at the age of 20. i was tricked in to confessing i had a drink so i had to pelage guilty in court. can this charge be expunged from my arrest record?

  • When you successfully completed PTI, the charged were dismissed against you. You have no criminal record. The only record is of the arrest. If you get that expunged, then the arrest will also be expunged from your record. After that, nothing will show up on a background check. However, federal jobs and law enforcement will always have access to your full records. With regards to the underage DWI, that is not a criminal offense and is merely a traffic violation in New Jersey. As such, it is not expungable.

  • mike

    Hi I recently got tricked by a legal aid by accepting a CDischarge for marijuana, but I also had another open case for shoplifting.. since I won’t qualify for PTI anymore can I go back to court for the marijuana and appeal the CD so its on my record to save the PTI for the more serious case? I also have a open case in low court in jeresey city municipal court where a female cop lied and said I threw a cigarette on her , my girl was in the car as my witness. So that’s 2 open cases now. 1 shoplifting, 2 aggravated assault.. what’s my chances? I know I can fight both cases because there’s no evidence but i just want to get all these court dates behind me.. I’m sick and tired of going back and fourth to court

  • Bob

    If I completed a conditional discharge at the municipal court level for a disorderly persons offense 10 years ago, then 5 years later I plead guilty to another disorderly persons offense, are both offenses eligible for expungement?

  • I don’t think re-opening the conditional discharge is your best bet. What is the amount of the alleged shoplifting? I would try and get that downgraded to Municipal Court and then see if you can work it out to something besides a shoplifting. Also, the aggravated assault case might be able to resolve as a simple assault so atleast you avoid a felony level charge on your record. Remember, these new arrests, depending on when they happened, may violate your conditional discharge anyway and then you will have to go back to court on that charge as well.

  • Yes. As long as it has been the full five (5) years since the plea of guilty to the disorderly persons offense, you are eligible to get both expunged immediately. If you want to hire me to do that for you, contact me on my cell phone directly at (908)385-9042. It’s a free consultation and I can quote you a price.

  • Liz

    I received a conditional discharge 10 years ago and I am now wanting to expunge my record. I got married since then and I’m wondering would the petition be filed under my maiden name or my married name?

  • Laura Tish

    If you were placed on Conditional Probation for a marijuana charge for three years. Unfortunately during that time you received drinking and drving offense in another state. I missed the last test by probation because I never receive their request where I was living. Now the judge is terminating my program for the offense in another state. It had nothing to do with my marijuana offense. Can I be terminated from the program for a drinking offense that happen in another state? The probation period was for 3 years which I am now told is out of the normal. I missed the last test one month before the end of my period. ?

  • sw

    Hi, my son is 5 days short of completion of a CD. He got a speeding ticket this morning 71 in a 55 zone. will this affect his CD? no alcohol or drugs involved and has held to all of the requirements of the CD thus far.

  • No, he should be fine.

  • I think it should be filed in your maiden name. Contact me anytime for a free consultation at (908)385-9042.

  • Courtney

    I was arrested a month ago for an empty bag of marijuana and a “one hitter” smoking pipe. I have never had a drug arrest before. am i eligible for conditional discharge and do i need to get a lawyer in order to apply for this? i work as a teacher and an SAT tutor, and am incredibly nervous about losing my license from this arrest.

  • Yes, you are eligible for the conditional discharge program and no you do not need a lawyer to apply for it. However, a lawyer can look at the circumstances of your case and see if there are any issues with the search, traffic stop, lab results, etc. and try to get the case thrown out without you having to use the conditional discharge program. The program is about $800 and you have to deal with the probationary monitoring, etc. Also, you can only use it once in your life so this would be your only chance to use it if you choose to do so. You will not lose your driver’s license if you are entered into the program. You can contact me directly if you have any other questions, (908)385-9042.

  • anonymous

    If i’m on pti already and my drug test comes up dirty what will happen I had been ony dirty urine since I been on pti what will happen if I do have one

  • Most likely, your probation will be violation and your pti will be scheduled for a termination hearing. They can give you another chance but there is no guarantee that they will.

  • ashley

    a couple months ago while working at a doctors office i got charges with stealing 2 blank prescription papers… (not pads) and when i was brought in for questioning i told the detectives exactly what i did … i stole two for a friend because he said he was sick and needed antibiotics but really tried to fill a prescription for oxycodone… since i have no criminal background at all and have never gotten in trouble before i got a letter saying i was eligable for applying for PTI …. now 2 days before i got this letter (which i thought nothing was happening becuz i didnt hear anyything about it for months) i signed a lease for my first apartment in florida (the charge happened in NJ) … so ive had an apartment for a month already and i havent been down there because im waiting for my court date. i dont do drugs so they can drug test me on the spot… but will being on PTI prevent me from leaving or moving out of the state after ive already signed the lease…. the lease is dated before the letter was mailed so it wasnt done after ….i have court where im applying for PTI on oct 17th….. will this effect me being able to move?? im getting no sleep cuz im up all night constantly thinking about this cuz im sooo nervous…what do you think?

  • Doug

    I was charged with possession of marijuana, possession of paraphernalia, 2 counts of possession of prescription pills, careless driving, failure to stop and Cds in a motor vehicle…. I’ve never been arrested before – will I get pti? And do all charges go away? Including the tickets? Thanks.

  • Yes, you sound like a perfect candidate for PTI. If you are admitted into the program and successfully complete the probationary period, all the charges will be dismissed (including the traffic tickets).

    If you want me to represent you or you have any other questions, you can contact me directly on my cell phone at (908)385-9042.

  • Giova

    I got arrested two months ago, i got charged with Aggravated assault and possession of a knife, it is my first time getting in trouble and nobody got injured, I am 25yrs old, I have a public defender, but i want to know a second opinion, do you think i can get PTI? Do you think i can go to jail?!

  • That doesn’t sound like a PTI case to me. It is usually very difficult to get PTI on violent offenses. Also, is it a second degree or third degree aggravated assault? This will effect how much jail time you are facing and if jail is a good possibility. It also depends on what county you are charged in.

  • Giova

    I think it’s a third degree, and the county is Hudson
    Is there any other possibilite for me than jail?!

  • Yes, Hudson is a good county. They may give you PTI. Either way, even if you are convicted, you will most likely get probation and no jail. On a third degree offense, if you have no prior record, you are entitled to a presumption of non-incarceration meaning that you are considered a good candidate for probation.

  • Debbie

    Besides PTI and conditional discharge, what other diversionary methods are available to avoid a criminal record? I have heard that in some municipal courts, you can downgrade disorderly persons offenses to municipal ordinance violations, which are not considered criminal offenses.

  • Brian

    I was stopped and caught with twenty something bags of Dope. My Lawyer is getting me in the PTI program. What I’m concerned about is I take Oxycontin and Xanax every day. They are legally prescribed. I was running out before my next refill was due so instead of getting sick, I’d go buy what I needed.
    I’ve read alot about PTI and it seems like it’s to rehabilitate people.
    I’m disabled with a few problems and live in pain all the time. I’m worried they’ll want me to stop. I’ve been on Oxy’s for over 10 years and about 20 years on Xanax. I don’t see the point unless they just want to see if I don’t have too much in my system or none in my system, ( Like if I was selling them instead of taking them, which I don’t )
    The PTI lady said it would be OK when we applied but I’m still worried. I also don’t want to tell my doctor fearing he’ll kick me out. He’s worked with me for many years and has all my disability stuff. I was thinking about telling him a friend had some pot in my car and we both got busted. I would think the PTI people would at least want a doctors note or maybe just look at my prescription bottles if they agree to let me keep taking my meds. I’ve searched everywhere and can’t find anyone in this situation. My Doc told me before If he didn’t prescribe me Opiates, he wouldn’t be able to treat my condition. I do take about 15 different meds everyday.

  • As long as the medication is legally prescribed and you have a valid prescription for it, you should be not be violated in the PTI program. Just make sure that you disclose these medications and show your valid prescriptions to your probation officer when you are admitted into the program.

  • The only other diversionary program in New Jersey is Drug Court but that results in a criminal conviction and keeps you out of jail. A municipal ordinance violation is a potential downgrade from a disorderly persons offense. If you plead guilty to an ordinance violation, this is a violation of local law and results in a fine and no criminal record. It’s on the level of a littering ticket or a noise violation for having a party at your house and having too many people over.

  • surfer

    I was arrested for domestic violence in nj. In court i plead guilty for `making noise in my house” municipal violation $100. Do i have any record that i should expunge.? In another court but same issue “family in camden ” my ex got a permanent restraining order. Do i have any record because of the restraining order? Is there a way to clean all this mess?

  • It sounds like you plead guilty to a municipal ordinance violation for “noise”. This is a violation of local law which results in a fine and no criminal record. However, there is a record of the arrest because you were fingerprinted, processed, a mugshot was taken, etc. There is a two (2) year waiting period from the date you plead guilty to the ordinance violation and then you are eligible to file an expungement to have the arrest removed from your record. I can do that for you if you like.

    With regards to the restraining order, there is no criminal record based on the restraining order. However, you are listed in a state-wide database because the restraining order was issued against you. This should not come up on a background check. There is nothing you can do to have the restraining order removed unless the person who obtained the restraining order against you voluntarily drops it. You obviously can’t have any contact with her though or it would be a violation and you could be arrested for a criminal contempt charge.

  • Laura

    I was sentenced to PTI for one year and 50 hours of community service. I successfully completed it, and received a letter of dismissal on November 18, 2011.

    To my knowledge, now that the case was dismissed, if my criminal record is ran the arrests will be listed without convictions, and listed as dismissed.

    If I decide to leave my record as is and not expunge the arrests, will I be able to get licensed in the State of NJ to sell Insurance? Or obtain my Real Estate License?

    Thank you!

    P.S. This Q&A is a great idea and very helpful!

  • You are correct, the arrest will be listed but the charges will be shown as “dismissed”. You are eligible to expunge that arrest if you like since it has been more than six (6) months since you completed PTI.

    It is hard to say whether or not the arrest will prevent you from obtaining those licenses. In my opinion, I don’t think it should since the charges were dismissed. However, you may want to play it safe and have the arrest records expunged just in case. That can be done in about 60-90 days. If you want me to do the expungement for you, you can call me directly at (908)385-9042. If not, good luck and I hope you are able to get those licenses.

  • Jenifer

    My case is 2c:20-7a . First time ever and I didn’t even know who did. Will my case dismiss quickly easy instead giving me pti? I am concerning about this because I am working for medical field as phlebotomist. I can’t afford to miss work if they offer me pti.what does pti do? If they visit my home or so then it’s fine for me but I can’t attend to office often due I’m working from 7 to 4 and gets home at 5 or 6. Help me pls. How much you cost for this case? My goal to get this case dismiss because I didn’t even know and I didn’t touch at all.. Sigh.. I left my message in your cellphone and hope you can text me.

  • Andee

    I was accepted into PTI. Does it start the day I was accepted? Do I have to tell my employer? Can I go back to my teaching job while in PTI?

    Great and informative.

  • chris

    can i use pti/ conditional discharge if its my first time and i got caught with less than 50 grams in a car plus i got disorderly persons as well? i was nice to the detectives and coroporated with them as well

  • Jen

    I was charged with shoplifting which the officer lowered to a first offense even though I had been charged before in a different state with shoplifting less then a year ago which I plead guilty for the first time and paid the fine with it still on my record. I have not had my court date yet for this new shoplifting charge. Am I able to get in the PTI program even if I have the first offense on my record? Why did he make it a first offense otherwise? If I am denied how long until I can possibly get both or one of them expunged from my record and other steps I can take?

    Also, when was is being interviewed for the PTI program is that when they are drug tested or is it once they have been offically accepted? Thanks for reading and answering

  • avery mertz

    I was wondering if I can use pti or cd I’m being charged with 3rd degree intent to distribute and 4the degree possession of weed over 50grams. I am a 20yr old female no prior record first offence. Also would I loose my job if I was to receive probation?

  • Yes, PTI starts the day you were accepted. You do not have to tell your employer. Your charges are frozen/suspended during the period of your probation and will be dismissed at the end if you successfully complete the program. You will have no criminal record. The only record is of the arrest which can be expunged six (6) months after you complete your probation. I don’t see any reason why you can’t be a teacher while you are on PTI. Were you fired because of the original arrest? It sounds like that when you say you are “going back” to your teaching job. Good luck.

  • Yes, it sounds like you are eligible for PTI or a conditional discharge. If you are charged with possession of marijuana under 50 grams then the conditional discharge program will be the right program for you. This is known as a disorderly persons offense (like a misdemeanor) so it sounds like that is what you are facing as opposed to an additional disorderly persons charge (because a disorderly persons offense is a degree of crime and not actually a specific charge. Disorderly conduct, on the other hand, is a specific and actual offense).

  • If you have previously plead guilty to shoplifting then the officer can not lower it to a first offense. However, he or she may have charged you with theft instead which will be treated as a first offense as opposed to a second shoplifting charge which will be helpful to you. It is unlikely that you can get into the PTI program if you have a prior shoplifting on your record. It is a five (5) year waiting period before you can expunge a shoplifting offense from your record. This is five years from the date of the conviction, not the date of the offense. You won’t be drug tested for PTI until you are officially accepted into the program and with a shoplifting offense (as opposed to a drug charge) you may not even be subject to drug testing at all. It depends on the special conditions of your PTI supervision.

  • Yes, you can get PTI or a conditional discharge with those charges. In fact, I was recently able to get a client into PTI with those exact charges in Morris County. It depends on the circumstances of your case, your attorney, the probation officer who interviews you, and the assistant prosecutor assigned to your case. If you receive PTI, the charges will be suspended during the period of your probation and will be dismissed at the end of the program. It depends on your job but I don’t think you should lose your job if you receive PTI. It depends on if they conduct random background checks and the company policies, etc.

  • Victoria Plasse

    I am pleading guilty to a felony for one suboxone I have no prior felonies and minor municpal charges I’m in eligible for pti bc I took a cd in municipal but after three years ship bottom where I took the cd is saying I violated the cd which I did by getting arrested within that year I was never informed that I would be in eligible for pti in superior I would have never taken it as I was in active addiction and apparently couldn’t keep myself out of Troubke in that time .. Do u gave any advice for maybe withdrawing my plea in superior for the suboxobe I mean I can’t really deny I had the sub I gave it to the cop or any advice as to what may happen with the violation of cd the other thing is for the cd I turned myself in on the fine and did 30 days in lieu of the money which was my choice Are they going to hit me with more fines? Thank you for your help – Victoria

  • Mike Irby

    I was in PTI program for shoplifting. I completed community service, attended and completed a shoplifeing course. My fine was $3200 and I paid $2600 already. unfortunately, I was charged receiving stolen properly, I bought a car with no title and one day police came to my house but I was not home. My mom called me saying the police is looking for you. So after I got the call, I called 911 right away but they still arrested me(well I guess doing the right thing still get arrested). I pleaded guilty last week because I don’t wanna go to trail and risk losing. 01/18/2013 is my sentencing for probation day also for the purpose of PTI termination hearing and a status conference. Is there still a chance to stay in PTI? I am only 22, college student and I do not want to go to jail. I am a good person, I just made stupid decisions sometimes….

  • Unfortunately, they are most likely going to terminate your PTI based on the new conviction. This conviction violated the terms of your PTI supervision and will most likely result in your expulsion from the PTI program.

  • It sounds like you are facing a third degree possession charge for the suboxone and a violation of a CD since you were arrested while on a conditional discharge. However, a conditional discharge should only be one year so the new arrest/charge had to be while you were on the conditional discharge still. If the conditional discharge was over and you got arrested then it should have no effect on the new charge except that you can’t get PTI because you already had a conditional discharge. Sounds like you are probably just looking at probation anyway on both charges even if you are convicted. Hope this helps, good luck.

  • Stefanie

    I was arrested at 18 for resisting arrest & completed PTI. I am now in my forties & want to apply for gun permit for hunting. That was my only arrest. I know I have a FBI number . Can my prior PTI disqualify me for getting permit to purchase & carry in NJ?
    Thank you for your time & consideration.
    Stefanie

  • Raymond

    Can someone get PTI for distribution charge as a first time offender in NJ being from another state??

  • Yes, as long as it is a third degree or fourth degree charge, you have a chance at PTI. It will be very difficult to get PTI on a second degree distribution charge. Also, if the drug is marijuana you are more likely to get PTI than on other more serious drugs.

  • It should not, no. Since you completed PTI, you have no criminal record. This should not prevent you from obtaining your firearms ID card. You do have an arrest record that can be expunged if you’d like. If you want me to expunge the arrest record for you, you can contact me directly at (908)385-9042.

  • Dan

    I was recently pulled over in NJ for a non-working taillight which turned into be getting charged with possession of under 50 g’s of marijuana. I was previously in 2010 charged with DUI and possession in PA. The officers I spoke to kept mentioning the CD and that I’d have to pay a fine and after a year it would be dropped from my record if it didnt happen again. Since, I’ve been trying to read up on it as much as I can and am beginning to wonder/worry my previous charge from PA may have a negative effect on the outcome. Could I lose my liscence because of this? Any advice/thoughts would be greatly appreciated

  • You are not eligible for a conditional discharge based on your previous charge in PA. Your license can be suspended for six (6) months if you are convicted of the marijuana offense. However, you can argue for a hardship application to avoid the license suspension if you can show the judge that you need your license for work, school, etc. and that there is no mass transportation that is feasible for your commute.

  • Anonymous

    Hi Travis,
    I was recently arrested for possession of under 50 grams of marijuana and paraphernalia (about 8 grams of marijuana and a grinder and papers). Two separate complaints were filed against me and I have been summonsed to municipal court in NJ. This is a first-time offence. I would like to know if there is any possibility of getting jail time for this offence. I am contemplating the advantages and disadvantages of CD or pleading guilty. If I plead guilty can I have the conviction record expunged after five years? If I take the CD will I be subject to random drug testing? I was pulled over on my bicycle in front of a high school that I happened to be riding by, would this count as possession within a school zone? If so, would that increase the severity of the charges?
    Thank you for your time.

  • Since these are disorderly persons offenses, you are facing a maximum of six (6) months in the county jail on each charge. However, with no prior record, the likelihood that you would be sentenced to jail time is slim to none. If you plead guilty, you can have the charge expunged after five (5) years. If you take the conditional discharge, you will be subject to random drug testing. On the other hand, if you plead guilty, the judge could sentence you to probation with random drug testing also. There is no school zone charge for possession, only distribution. With only 8 grams on you, there is no chance they hit you with a distribution charge. So the answer is no, the possession charge is not enhanced by a school zone.

    It sounds like if you worried about the drug testing, make sure when you plead guilty that the recommendation from the prosecutor is just a fine (no jail and no probation). You are also facing a license suspension of six (6) months unless you can convince the judge that a hardship application is warranted. You have to convince the judge that you need your license for work, school, etc. and that there is no way you could use mass transportation if your license was suspended.

  • Trevor Marshall

    I live in gloucester count and was recently arrested by a cop who was stalking me and my friends from the woods in the middle of the night while we were rolling up marijuana in the back of his car on my friends property. The cop came up to the car banging on the window with a flashlight, at first i could not identify who it was and I had the marijuana on a cd case on my lap so I was scared and knocked it over onto the floor. The cop said he was charging me with tampering with police evidence and possession of marijuana. I am very afraid of how this will look on my record and if I am going to get a license suspension. I am only a juvenile and they did not read me my rights when I was arrested. But they said they didn’t have to which I guess could be true. What kind of fines or punishment am I looking at? I am very scared . Should I ask for PTI?

  • Since you are a juvenile, the case will be handled at the Superior Court in the Family Division. PTI is not an option but you should ask for a deferred disposition meaning that, if you do everything you are supposed to, then the charges will be dropped at the end of the probation. You will have no record. Also, juvenile records are sealed anyway but it’s better to keep it off your record in the first place.

  • Emily

    Will i be eligiable for CD or PTI if i was arrested for having half a tiny baggie of cocain and 3 muscle relaxers not in a prescription bottle that my mom gave me. i have never been arrested before or had any charges or anything. only a parking ticket. I am very nervous and not sure on how to go about the situation. i do not want to go to jail and do not need to be rehabilited due to the fact that i am not addicted. PLEASE HELP

  • Chris

    Once completing the conditional discharge program in NJ, does one receive a notice in the mail notifying the individual that CD has been successfully completed? Also is there any future court dates for that individual even if all fines have been paid?

  • It depends on the town. Some municipalities do not send any notice when you complete the program. Others so. Some others make you come back to court to let you know that the program has been completed. You should check with the local municipal court that the charges were pending in.

  • Yes, it sounds like you are a perfect candidate for PTI. If you’d like a free consultation you can contact me directly at 908-385-9042. Thanks.

  • Max

    I was charged with theft in NJ state by means of a store complaint without being arrested, fingerprinted or booked. Actually recieved the charge in the mail from municipal court.
    The charge was downgraded to municipal violation 222-22 and fine of 100$

    Will this come up on FBI background check during adjustment of status? Since I was never booked or fingerprinted. The summons I recieved from municipal court had only my name and address
    Everything else dob, SSN, date of arrest was marked as 00-00-000 . So when store filed the complained with court is it equal to arrest record ?

    Can municipal ordinance still appear on the FBI background check or state background check without an actual arrest or fingerprint record without any prioris ?

  • Chris

    Once beginning CD, i received a notice in the mail right away and was told to meet with a P.O a few weeks later. Going into it, i knew my tests would come up dirty, and i even mentioned this to the P.O. They said ok but to make sure i would be ready for upcoming tests in the future. I have since remained clean and my CD is scheduled to end in a week. Should i assume that since i have not received any further notices from the P.O to show up that i am due to finish the CD program successfully. Or will the court mention the fact that i failed my 1st test (which didn’t seem to be a severe problem at the time) and ultimately rule that i unsuccessfully completed the program? Also is there a chance they would ask me to take one final drug test even though i am scheduled to end in a week? Thanks for the help

  • I think if the probation officer was going to violate you for the failed drug test, they would have done it by now. They can ask you to take one last drug test so make sure you can pass that and hopefully they will allow you to complete the program successfully. Good luck.

  • Yes, the charge can still show up on a background check even though you were not fully processed. You plead guilty to an ordinance violation in the municipal court and there is a record of that (even though it is not a criminal offense). You can expunge the arrest two (2) years from the date you plead guilty to the ordinance violation. However, the expungement will not prevent the FBI from seeing the original charge. Unfortunately, there is no way to prevent them from seeing it. On the other hand, for other jobs and a normal background check, the expungement will clear your record.

  • milton bondurant

    I’ve been charged with 50 grams or less once before. I just recently got charged with the same offense..being caught with less than a gram. I have a 3.5 GPA, two jobs, and a decent amount of extracurricular activities…if i hire a lawyer will that better my chances from the usual outcome for a second 50 grams or less offense. I’ve already used either the CD or PTI..i’m not sure. How would a lawyer help in my situation..would like to know before I pay for something that might not reap any fruit.

  • A lawyer can help you in a couple ways. First, we can examine the search and make sure it was legal. If not, the charges should be dismissed by filing a suppression motion. Second, a lawyer can help you in the sentencing phase. You are facing a maximum $1,000 fine and up to six (6) months in the county jail. You could also be sentenced to probation. With a lawyer, you are most likely to be sentenced to just a fine with no jail and no probation. Also, you are looking at a six (6) month driver’s license suspension if convicted of a marijuana charge. However, a seasoned lawyer can argue for a “hardship exception” where you can argue that you need your license for work, school, etc. and the judge can choose not to suspend your license.

  • Amanda

    I was excepted in to the CD program, and began my conditional discharge back on May 2, 2012…it was a 6 month period I had to remain out of trouble. I am from NY and got this CD in Bergen County, NJ. The probation office sent me paperwork in the mail to fill out in July 2012, I did so and sent it back in a timely fashion. I never heard anything from them again. The 6 months were up on Nov. 2, 2012, and I haven’t heard anything from anyone. I did not have a lawyer. I just want to see if there is anything, besides expunging my record, that I need to do? Or will I expect to hear from the court and/or probation to confirm the dismissal of charges?
    Thank you.

  • Ms. Moore

    what is the average cost to retain an attorning for a conditional discharge/PTI? Reading all of the comments I understand that the total fees for the program itself is approximately $800; so the total cost would be attorney fees, plus program fees ($800). Just trying to get an ideal of the true cost. Thank you and this website has been very helpful.

  • Generally, I charge $1,500 for a conditional discharge level case (disorderly persons offenses) and $3,500 for Pre-Trial Intervention (PTI) case (indictable/felony offenses). These fees depend on the charges, where the case is being held, etc. The PTI cases are much more serious and are handled in the Superior Court while the conditional discharge type cases are disorderly persons (misdemeanors) and will be handled in the local Municipal Court.

  • If you haven’t received anything from the court by now, you probably won’t. You should call the Municipal Court and confirm that you successfully completed the program. You can request a certified disposition which shows what happened with your case. There is a small fee for that but then you will have the paperwork for your records. Also, you will need the certified disposition if you want to do the expungement. You are eligible to expunge the arrest six (6) months after you finish the CD program (as long as you don’t have anything else on your record).

  • Joe

    I was arrested in Newark (Essex county) for possession of heroin (30 bags) for personal use with no prior convictions or arrests.
    I am currently unemployed but was laid off from my last job and was never fired. I know I meet the qualifications for PTI or Conditional Discharge based on what you wrote above in this article, but I am nervous and curious about what reasons are commonly used or given to deny someone PTI or conditional discharge? Could the amount of Heroin be too much even though it was only for personal use? I never have sold drugs and am just an addict. I am concerned about things that cause people that are eligible for PTI to be denied. I know that not every single person that meets the criteria gets lucky enough to be on PTI and want to know what chance someone has with my situation in Essex county?

  • carmine

    if you had a conditional discharge for possesion of marijuana over 6 years ago and you are thinking of becoming a cop. Will the conditional discharge show on your record? and will you get rejected during the interview process?

  • It sounds like you are a good candidate for PTI in Essex County based on my experience handling cases there. The only issue is if you were charged with possession with intent to distribute or distribution in a school zone. If that is the case, it might be more difficult to get PTI. If you are merely charged with possession of CDS (third degree), then it is a perfect case for PTI.

  • The conditional discharge will show up on your record unless you expunged the arrest. You are eligible for an expungement six (6) months after you finished the conditional discharge. However, when it comes to law enforcement positions, they will be able to see it either way. As to whether or not this will prohibit you from getting a job as a police officer, I can’t say.

  • Andy

    Greetings,
    I just have a couple of questions about a case of mine, its very important to me.. about a year ago(bergen county) I was in the wrong place at the wrong time and gotten caught with just a small dime bag of marijuana, charged with cds under 50 grams, and had a chance to enter the PTI program for 6 months because it was my first offense. After succesfully completeing the program Ive gotten a letter from the judge saying all charges were dismissed. But I still worry about the potential effects of ‘one’ stupid mistake. Even tho my charges were dismissed, I still worry about this new job I’ve been looking into that runs background checks to uncover something about it. I dont want to lie nor be penalized in not getting the job because one little mistake. and I dont want something like this to follow me around, labeling me and prevent me from living the best life I could. I know we live in the information age, but what are the actual chances a non government (marketing job) will find out info about this and deny me of employment? and what can I do to completely clear my name and records from everything for the future.

    Thank you for any feedback, I truely appriciate it.

  • If you successfully completed PTI, you have no criminal record. However, there is a record of the arrest (even though the charges were eventually dismissed). As a result, you may want to expunge that arrest. You are eligible to expunge that arrest six (6) months after you finish PTI. If you are interested, I can file the expungement for you. You can call me directly at 908-385-9042. Thanks.

  • Andy

    Thank you for your feedback, I will definitely keep you in mind during this process. I have one more question though concerning this. After my arrest expungement offically goes through, it is like a clean slate as if it has never happened correct? Also very curious if after the expungement my name will be taken off the NCIC database if it is already there, once again just don’t want to be labeled or harassed by any law enforcement in the future over this one little matter, nor do I want it haunting me preventing from getting any serious jobs or going to canada or something.

  • Once the record is expunged, it is no longer accessible for background checks and such so it is like it never happened. The records are not destroyed but secluded in an area where they are no longer accessible. However, law enforcement will still have access to them if you ever get in trouble again in the future.

  • Andy

    I understand.. but you said law enforcement will have access to these ‘records’ Only if I were to get in trouble again, or on just like normal pullovers or routine traffic stops if they ran my name, Because once again just don’t want to get harassed or subject to search just because misleading old information.

  • No, they should not have access to it on routine traffic stops or from running your license plates. They would have to obtain a criminal case history on you.

  • Shay

    enI was in Superior Court for Distribution they downgraded the charges and sent it to County level. I already was on PTI but they kicked me off the program cause I couldn’t afford to pay them. I have nevr been arrested! I want to prove to the courts I wasn’t involved at all with what the other person went through! I had nothing to do with those charges I am innocent! Since then my life has went down hill and its not fair! I don’t want nothing on my record I’m in the medical field its all I know! When I was on PTI I went to D&A Abuse program they said I didn’t need to come every drug test was clean even with my PO. I’m a good person I have 5 people I need to provide for! Being the fact I don’t have court until two weeks is their a way I can get a job before court/ I’m just wondering if anything is on my record now being the fact it went from Superior Court to County level? Thank you

  • My house was raided and I was charged with a child endangerment charge 2nd degree possession with intent to dist over one oz but under 5 pounds third degree and possession of over 50 grams fourth degree. But I found out that prior to my house getting raided I have a seperat case for procession specially dist marijuana in excess of 50 grams over 4 times. Then next charge says possession with intent specifically for dist marijuana in excess of 50 grams over 4 times. 4 counts then the last one says did dist a CDs marijjuana over 4 separate occasions 4 counts. That investigation started before the house was raided. All the charges on the case whenhouse was raided as far as drug charges are 2c:35-5a(1) and 2c:35-10a(3) and the case with the dist charges are 1 2c:35-10a(3) and 2 charges of 2c:35-5a(1) I haven’t even had a pre arraighnment or arraighnment for the charge when house was raided. And the distribution charges case is still pending municipal or county/superior court. My question is it possible to get probation pti cd or drug court . I was charged with both on same dat

  • teddy

    ,I got arrested 4 1/2 years ago for a bag of weed and i never went to court they only suspended my liscens no warrant my second simple possesion in nj what you think could happen

  • urgent

    -urgent!
    I am applying a job, I need this job! I need to know your answers before I talk to immigration lawyer. Please help! Thanks. -me

  • If you never went to court, there is a warrant out for your arrest and they suspended your driving privileges. I think you should post the bail and hire a lawyer to represent you. You are not going to jail but you will have this on your record and you can lose your driver’s license. Call me directly at 908-385-9042 if you want me to represent you on this or you want a free consultation. Thanks.

  • It sounds like drug court is your best bet to stay out of jail. PTI or probation are very unlikely unless the search was illegal. You can call me directly for a free consultation at 908-385-9042. Thanks.

  • Travis P.

    Hello,
    I have a specific question about going through the pretrial intervention program.. I understand although I may not have a criminal record, there still might be an arrest record, but charges obviously were dismissed. I had a job interview that went well for a food marketing job, but the finalization of the hiring will be higher up in the company that has to clear my name from the ‘background check’. My question is if they are able to see this ‘arrest’, legally by law are they aloud to turn down my employment rights because of an arrest record and/or dismissed charge?? Because I need this job extremely much, so are their any laws prohibiting them from doing that? I don’t think this should be used against me.

  • Yes, they can use the arrest against you. However, the charges were dismissed so hopefully they don’t. You should expunge the arrest from your record so that you don’t have to deal with this in the future. You are eligible six (6) months after you finish PTI. I can expunge it for you if you’d like. You can call me directly at 908-385-9042. Thanks.

  • Janell David

    I’m going for processing and fingerprinting Tuesday for the post office I was on pti last year successfully completed it . Do you think they will disqualify me for the job because I was on PTI I’m also in the process of working on my expungement

  • This shouldn’t disqualify you but they can consider it when considering your application. For a federal job I believe that they will be able to see the arrest whether it has been expunged or not. Regardless, I wish you the best of luck in obtaining the position.

  • Carolyn

    In jan2012 I was placed on cd by burlington countu,nj. I have completed program successfully. I recently lost my job and have been applying to get one. I landed a job working at a day care but I sm concerned about the background check and fingerprinting. Will the cd show up on the.background check n fingerprinting or what?

  • The arrest will show up but the charges will show up as dismissed. If you want to expunge the arrest, you can do that six (6) months after you finish the conditional discharge. Contact me if you are interested in hiring me to complete the expungement for you.

  • The arrest will show up but the charges will show up as dismissed. If you want to expunge the arrest, you can do that six (6) months after you finish the conditional discharge. Contact me if you are interested in hiring me to complete the expungement for you.

  • The arrest will show up on your record but the charges will show up as dismissed. If you want to expunge the arrest record, you can do that six (6) months after you complete the conditional discharge. You can contact me if you are interested in expunging the record.

  • Parker

    If im on PTI and im trying to get a new job, will the pending charge show up on a background check of any sort

  • Yes, the charges show up as pending while you are on PTI and then dismissed after you complete it.

  • CK

    Hi Travis. I have a question concerning PTI and bail.My PTi court date is this week.If I’m accepted, will the bail surety be released to the bailbond company or will I have that hanging over my head until the PTI is fully completed.Also, I was told I had to plead guilty at my pre-disposition in order to have prosecutor ok PTI. They dropped the 2nd degree charge. Does that sound right? Some lawyers said you don’t plead guilty when you get PTI. Thanks.

  • tony

    Is it true that a Police officer charged wth a crime can not recieve PTI due to a change made by the AG office denying any police officer PTI? Thank you.

  • I have never heard of that and I don’t see how that could be accurate. It would be unconstitutional to deny police officers eligibility to the PTI program based on their status as officers just as it would be to deny anyone based on race, gender, sexual orientation, etc. Also, I have gotten teachers and firemen into PTI before so I don’t see why a police officer would be any different.

  • Typically, the State and the Judge agree to discharge the bail when you are put into the PTI program. Secondly, they are not allowed to require you to plea to then put you into PTI. There was a case recently decided on point. You should be allowed to enter the PTI program without a plea. However, because it’s a second degree case and you are getting PTI, you might want to do it anyway and just make sure you don’t violate the PTI program. Good luck.

  • Kim

    Hi,
    My husband is being charged with distribution of heroin (less than an half ounce) and distribution with in a 1000 feet of a school zone both third degree. This is his first drug charge but does have a record. He is also on parole but never had any violation and is working a full time job, and have been staying out of trouble. What should we do? Can he apply for pti?

  • Ryan

    I received a cd for a paraphernalia charge in the year 2000 and also was convicted of possession of a CDS under 1 ounce in 2006 (no Intent to distribute) Would both be eligible to be expunged since the Conditional discharge is technically not a conviction of a disorderly persons? If so, roughly what is the cost? Thx for your help.

  • He is definitely not eligible for PTI based on his prior record. The key in this case is keeping him out of jail. Call me to discuss at 908-385-9042.

  • Unfortunately, I don’t think so. If you have a conditional discharge or PTI, you can only get that expunged, nothing else. Since you have a conditional discharge and a conviction, you are not eligible to have them both removed. You can call me directly to discuss at 908-385-9042. Thanks.

  • lynn

    can i get a pti for a sexual assault that they offered a plea down to a 3rd degree

  • Yes, if probation recommends you and the prosecutor’s office approves it. However, it sounds like you are charged with a second degree so PTI is pretty unlikely. On a second degree charge, the prosecutor’s office has to give you permission to even apply for PTI. Also, based on the nature of the offense and the likelihood of a victim objecting, PTI is an unlikely outcome in your case. On the other hand, if it is a third degree charge from the beginning, PTI is a possibility.

  • pti guy

    Can a person who is enrolled in PTI file a motion with the court to be released succesfully from the program after being in the program for at least 6 months and having fulfilled all PTI conditions (restitution, etc.)? if there is no opposition by the prosecutor or criminal division mgr, will the court likely approve the motion?

  • Ken

    I met a lawyer who said he was going to fight my case. Give him document to support my case and witness information he never investigated my case or go through police records the first day in court he told me to apply for PTI what do

  • Tommy

    Hi I was charge with 4 degree conspiracy to posses and dist marijuana over 50 grams and 3 degree hindering and 2 degree conspiracy to purchase and distribute marijuanna over 5 pounds I hve no record do I think ill be eligible for pti or what are the chances I can get probation?

  • You are not likely to get PTI on a 2nd degree distribution charge. Probation is possible if there are issues with the case such as the search or the State’s proofs. It’s imperative that you hire an experienced criminal attorney to represent you.

  • If you are not satisfied with your attorney, you can fire him or her and hire another one. PTI might be your best option but I would have to see the discovery evidence to determine how strong the State’s case is. Ask your lawyer about it and why PTI might be best for you.

  • Yes and no. If they oppose, you most likely won’t be allowed to finish the program early.

  • Lee Ann

    I have been charged with 3rd degree credit card fraud and theft by deception. The money taken was no more than $200. I am 20 years old and have no prior criminal history. Would I be eligible for PTI and how long would the program be if so?

  • Anonymous

    I am on PTI. And I recently received two traffic citations at a time, for speeding and unsafe lane change. Will it affect my PTI? I already emailed my probation officer within 24 hours just to be safe.

  • This should not effect your PTI.

  • Yes, you sound like a perfect candidate for PTI. They will put you on probation for most likely a year and as long as you stay out of trouble the charges will be dismissed at the end of the one year period.

  • k

    Hey someone I know was recently charged with 90 bags of heroin half his half the other person in the car but he is getting it all put on him cause the other person wouldn’t own up there charging distribution but it was personal use even though it was a lot he has no previous record can he get pti

  • It will be very difficult to get PTI on a distribution case with that amount.

  • Jay

    I’m currently in the PTIprogram and only have 2 more months but yesterday was made to take a mouth swab drug test and I’m pretty sure I’m going to fail. I’ve passed all other drug tests in the past so this will be my first failed test. What kind of punishment am I looking at?

  • They may give you a break but if not they will violate your PTI and then your charges come back and you have to face them.

  • anonymous

    well I was put in PTI for aggravated assault . But I recently got arrested for possession of cocaine but the cocaine wasn’t on me it was under my friends car seat nobody took the fault for it so now we both going to court for it even though I don’t do drugs just was there on the wrong time in the wrong place but I just want to know if I validate probation but I plead not guilty now I need a lawyer what should I do I need some advice thank you very much God bless

  • If you plead guilty to the new charge it will violate your PTI. If your friend, the co-defendant, takes responsibility for the cocaine and your charges are dismissed, you should be able to continue with PTI without an issue.

  • dave

    I had a conditional discharge for a gram of marijuana 9 years ago and have not gotten in trouble since. I have now gotten a job as substitute teacher and have to get fingerprinted for a background check. The forms ask me, “have you ever been convicted of a crime…?”. Can you tell me if I need to bring up this incident.

  • Wisam

    I was charged with DV agrevated assolt I apply for PTI but they reject me how you can fight and get it for me I charged also with 3d degree with no signs no marks I’m green card holder I need your help that was in camden

  • Kierstein

    Hi Travis. I cashed a check i got through the mail (mystery shopper scam) at a casino and was arrested. was accepted into the PTI program and got a month left to pay on the PTI fees but i’ll still have about $800 left on the restitution part. Do you think they will allow me to keep paying on it or will i have to do jail time? I’m a teacher so i need to know how this will affect me.

  • Dave A

    My future son in law was charged with2c:12-1a in April of 2007. At that time his attorney had him enter a atra program because he was at a party and was drinking. (18 at the time)He completed the 90 program and had his case dismissed in oct 2007. He recently applied for state corrections and was denied because of the diversionary program. My question is the atra program consider the same as pro or conditional discharge?

  • Kenny

    I am a resident of Philadelphia. I was arrested in 2005 for possession of marijuana and possession of drug paraphernalia. This was my first encounter with the law, aside from speeding tickets.
    The marijuana possession was dropped and I was given a conditional discharge for the paraphernalia. I was on probation for a year in NJ and had to pay a fine of $625, which I paid, long ago.
    Every time I get fingerprinted for my job this arrest shows up. I know that there is a way to have it expunged. How do I go about doing that? Do I need a lawyer for that?
    Thanks!

  • jean

    I was charged with possession of marijuana under 50g and drug paraphernaliain bergen county nj. I went to court and waz put on the conditional discharge program. I want to apply for a job in new york and I was wondering, if they don’t check the counties other than where I have lived, will this still come up on my background check? Do you think most jobs do a check for all states? Thank you in advance for you time and response.

  • Col

    Can you get Expungement if you successfully completed PTI with the charges of forgery and theft, but had a prior shoplifting charge. I was told that anything before the pti can not be expunged. Is that accurate?

  • I believe that is correct. If you have PTI or a conditional discharge, you are only eligible to get that arrest expunged, nothing else.

  • If you successfully completed the conditional discharge program, the only record is of the arrest. You are eligible to get this arrest expunged six (6) months after you finished the conditional discharge program.

    As far as the background check, it will most likely show up until you get it expunged. If you are interested in doing the expungement, you can contact me at my office to assist you.

  • Yes, you are eligible to have the arrest expunged. You can do it on your own if you’d like but it is very complicated and you have to file a motion in the Superior Court in the county in which you were charged. You also have to send certified mail to all the law enforcement agencies in New Jersey with a copy of your motion and then again when you receive the signed expungement order back from the court.

    My office can handle this for you. Contact me anytime to discuss. Thanks.

  • You need to contact an attorney in that state to determine what the “atra” program is. I am not familiar with that.

  • You should really try and pay it because they could violate your PTI for your failure to pay. Hopefully they won’t and they will just extend you until you can pay the full amount. They won’t release you from PTI until its paid though so you should try and pay it ASAP.

  • It is difficult to get PTI on a violent offense unless the alleged victim is on board and refuses to cooperate with the State.

  • You were not convicted of a crime. The only record is of the arrest until you get that expunged.

  • Bobby

    I was recently arrested for having 19 individual grams of cocaine in a school zone in Camden county NJ. Am I eligble for a program? I have never been arrested for something like this before

  • My boyfriend ran a stop sign and I had a tiny bit of weed on me and I told them I did went to jail and was released on a pr bond and gaven pti I’ve never been in trouble ever and I used to be a heavy smoker and I made a bad choice annd smoked a week and a half ago. I have my first actually pti thing tommaro I’m scared my system isn’t cleean . Can I jus be straight up honest with her and she let me finish getting clean bc I don’t want to smoke anymore its not worth it or will I be kicked out and given the 620 ticket to pay right ? Or what I neeed answers please

  • Mohit
  • Reece

    I have some questions….

    1.) When you get accepted into the PTI, do you still attend the court dates or do they get cancelled?

    2.) What if you are falsely arrested while in the PTI? Would they cancel the program even though it was a goof up on their part and not your fault?

  • Jason

    I used a PTI about 10 years ago when I was 18. I haven’t had it expunged. I am wondering if I would be eligible to obtain a fire arms purchasers permit in NJ. Thanks.

  • When you get accepted into PTI, they suspend the charges and you have no further court dates as long as you comply with the terms of your probation. If you get arrested, they typically won’t violate your PTI until after you are convicted of the new charge. If it was an unlawful arrest and the charges get dropped, you should be able to complete your PTI successfully.

  • Yes, you should be able to. You have not been convicted of a crime. The only thing on your record is the arrest. If you want to expunge it, let me know.

  • It will probably be remanded to the Municipal Court. If not, you are a perfect candidate for PTI.

  • Hopefully they won’t drug test you. If they do, just be honest with them and hopefully they will give you a second chance. Good luck.

  • Yes, you are eligible for PTI and Drug Court.

  • Mohit

    Hello I have 2 charges 2C:20-6 and 2C:20-4A, it is for taking a credit card and using it for $65 to get gas and a DPO for taking a $100 bill from an employee. I was originally charged in the Superior court as a felony but the case has been remanded to the municipal court. Does this mean that the case is no longer a felony and now a misdemeanor? Also what can I expect in terms of punishment, as this is my first offense and no prior records.

  • Mike

    Hello, I just got arrested for 3 disorderly persons charges during a traffic stop in which my friend was driving. One was possession of marijuana, even though no marijuana was found in the vehicle. The other two are just residue. This is my first time ever being in trouble with the law. I am a college student who was home and made a stupid mistake. My lawyer and other lawyers I have consulted with believe that i can get the charge of possession dismissed, and most likely will have to do the Conditional Discharge Program. Would it better to plead not guilty, or just enter the Program. Also I am not an avid smoker, just made a bad decision. Please Help!!!!! I hope to enroll in Law school in a couple of years and I don’t want this on my record and to to affect my future.

  • I am on pti for 8months have to do 1year when can I get my bail money back

  • Jeef

    I am a resident permanent and i completed PTI successfully. That happened 3 years ago andthis has been my only arrest to date. The judge never said to me that I am guilty, and I pleaded not guilty. And I need to know if can I apply for United States citizenship ??

  • Rajah Dalal

    If a person had a conditional discharge five years ago and recieve a new marijuana charge of less than 50 grams. Can he recieve PTI or CD again? If not, what option does he have?

  • Unfortunately, you are not eligible for the program again. However, an experienced criminal lawyer can examine the case and see if there are any issues with the traffic stop, search, chain of custody, or the lab report to try and have the case thrown out of court. Your lawyer can also deal with issues at sentencing such as the suspension of your driving privileges. You should definitely speak to a lawyer about your case.

  • You need to speak to an immigration lawyer about this. However, based on my experience with PTI, you should not have any issues with immigration as long as you did not enter a guilty plea. Good luck to you.

  • When you finish PTI you can get your bail money back. When you were put into PTI your lawyer should have asked the judge to convert your bail to ROR so you could get your money back then but now it’s too late.

  • You should be fine. Enter the conditional discharge program, stay out of trouble during the probationary period and the charges will be dismissed. Then you can do an expungement six months after you finish your probation to have your record completely cleaned. Good luck with everything.

  • Yes, you are now facing disorderly persons offenses (misdemeanors) which are typically punishable by a maximum of a $1,000 fine and up to six (6) months in the county jail. If you have no prior record you don’t have to worry about jail time.

  • Dad

    I was charged with a second degree offense back in 1991. I went to trial and was acquitted of all charges by a jury.

    Recently I’ve been informed that I’ve been indicted on a 3rd degree offense. I’m scheduled for a conference in a week’s time.

    I’m a licensed PI and have a permit to carry a firearm in the State of NJ.

    My question is “Am I eligible for PTI and if I were to accept PTI to avoid another costly trial would I lose my PI License and Carry Permit?

  • Yes, since your first case was dismissed you are still eligible for PTI. In my opinion, since the charges will be dismissed when you successfully complete PTI, this should not effect your license or carry permit.

  • Stephen mayor

    I was charged with code:490.5 its my first time ever getting a ticket, and I like to know if its going to affect my phlebotomist license? And if so is there anything I can do for the charge to be brought down?

  • Matt

    Travis, I was arrested about 2 years ago on a possession charge under 50 grams, I was assigned and completed the Conditional Discharge Program, now I am facing a new charge that happened recently of possession of paraphenalia, I know that I can not do CDP again will I serve jail time for this?

  • No, although you are facing a maximum of six (6) months in the county jail, there is a presumption of non-incarceration for first time offenders. This means that you will almost never get jail time. You could get probation and they also could suspend your driving privileges for six (6) months. If you get a lawyer, your lawyer can make a “hardship application” on the license loss if you need your license for school, work, etc. Good luck.

  • That sounds like a local ordinance violation. All criminal charges in New Jersey are governed by the New Jersey criminal code and start with “2C”. A local ordinance violation is just a violation of local law and results in a fine and no criminal record. This should not effect any licenses you have. Typically these charges can not be lowered since they are already the lowest level violation we have in New Jersey. Good luck.

  • Rob

    My brother was charged for a half gram of Marij back in 2002 and never did the CD program or probation. He did however, pay to get it expunged years later. Well tonight he was just charged for the same thing (disorder person chap 36 not indictable)….. What options does he have? He can’t afford to lose his license due to his carrier and doesn’t want to see jail. What are his chances?

  • If he previously plead guilty to another marijuana offense, unfortunately he is not eligible for the conditional discharge program now. We would have to look at the case and see if there was valid probable cause for the traffic stop, whether or not the search was legal, if the State can establish a valid chain of custody with the drugs seized, and finally if they can provide a positive lab report showing the evidence seized was actually marijuana. Even if they can prove the case, a lawyer can make a hardship application on his behalf to try and keep his license.

  • Chris

    Travis, my husband was arrested in 2003 for theft but successfully completed PTI. He is applying for a new job which needs a Waterfront pass and he was told they do a background check. On the application when asked “Have you ever been convicted of a crime?” He can honestly state NO, right? At anytime should he indicate that he was arrested in the past? Or does he not need to, since it was dismissed? Also with the arrest showing could this possibly prevent him from getting a Waterfront pass?
    Thank you in advance.

  • Correct, he has not been convicted of a crime. He has been arrested but the charges were dismissed. So if they ask him if he has been arrested, he has to answer yes. He is eligible to expunge the arrest if you want to at this point so we can remove the arrest from his record as well. I don’t know if they will hold the arrest against him or not but to be safe if probably makes sense to do the expungement.

  • Chris

    I’m sorry one more question. If they do ask about his arrest is he obligated to tell them the reason of the arrest or can he just state “Yes, was arrested but all charges were dismissed.”

  • Ana Martin

    My boyfriend was caught with 50grams of weed about a year ago and was in Probation but never went any of his courts now they arrest him for failure of his probation and his now in county waiting for his court what will happen to him this time i am so worried for him. Can u please help me? I need help im so worried.

  • Ana Martin

    My boyfriend was caught with 50grams of weed about a year ago and was in Probation but never went any of his courts now they arrest him for failure of his probation and his now in county waiting for his court what will happen to him this time i am so worried for him. Can u please help me? I need help im so worried.

  • Depending on his prior record, they will most likely just continue his probation.

  • That should be fine.

  • Gina

    Hi Travis,

    Is it necessary for alleged “victims” or “witnesses” to be present at court to testify regarding a terroristic threat charge and possession of weapon for unlawful purpose charge? If they decide not to show up, can the case likely get dismissed or downgraded? No criminal record. I know you don’t deal with Camden County cases but please give me some honest insight/advice the best you can. Thank you for your help.

  • Tim

    Hi, I am a pti client. While on pti I received a local ordinance violation about one year into program. Is this a violation of pti terms and will my pti be terminated, or since its non criminal will it not affect my pti?

  • Dan M

    If I get sentenced to PTI, will there be a drug test immediately after sentencing?

  • Not necessarily, it depends on your probation officer.

  • It depends. If you were arrested for a criminal charge and then plead to a downgraded municipal ordinance violation then the arrest will most likely result in a PTI violation hearing. I would argue that since you didn’t plead guilty to a criminal charge that you should be allowed to continue on PTI. On the other hand, if you were issued a municipal ordinance violation from the beginning, there shouldn’t even be any record of that so you may not even be violation in the first place.

  • No, the witness/victim doesn’t have to show up and then the charges could be downgraded or dropped. If the officers didn’t witness anything then the State won’t be able to prove the case without the cooperation of the witness.

  • Crystal

    Hi my brother was Is on Pti for one yr in Union county nj…on march 3 he was givin a court date to appear for not paying his fine nor seeing his parole officer at the time he was kicked out of his home by his wife and was basically homeless , staying place to place and didnt receive the letter until she calld and said the cops came with a warrant for his arrest.They locked him up march 25 and he still as no bail nor court date.he never got in trouble before it was his frist charge which was for posession and he never pleaded guilty the frist time pti was offered and he has not been in trouble since.His pti was over next month.What time can he get? How do I get him a court date asap without hiring a lawyer if possible? If I need a lawyer how much do you charge

  • They should be giving him a court date soon. Obviously, if you hire an attorney he or she can expedite the process. It depends on the lawyer with regards to the fee. You can call me at my office to discuss fees for this representation and payment options. Thanks.

  • Natalia

    My husband was driving on a suspended drivers license and will face a 4th degree driving while suspended, because he got his license suspended for a second dwi. Will he be ellegible for the pti program? We live in NJ, and he cannot go to Jail for 6 months. We have 2 kids and he is a great father and husband.

  • Logan

    I was arrested in NY for an unlawful possession of marihuana. I was given an ACD. There were no convictions from the case, it was adjourned. I got arrested in NJ lbecause I was pulled over with marihuana in the car. Can I still get into the PTI program?

  • No, you are not eligible for PTI based on your prior use of an ACD in New York.

  • In my experience it is difficult to get into PTI on this type of offense.

  • Mario

    I have completed pti, for the time it lasted I had my firearm ID taken away, how do I get it back?

  • You need to re-apply for a new firearms ID card.

  • Logan

    What will be the likely outcome of this situation since it’s my second marijuana charge and I violated my ACD in NY state?

  • Anonymous

    I have a paraphernalia charge and other minor traffic charges (a lot) when I was on heroin. I was driving my mother’ s car. The cops profiled me constantly in her very noticeable bright yellow car, so I was constantly pulled over. I had no idea the H was in the car under the driver’s side floor mat. Someone I met in outpatient rehab lived with us for awhile until my mom figured out he was using. My mom would let him use her car for doctors’ visits, probation, etc. The day before I got charged with possession, she.had kicked him out for using H over the phone, so he had no opportunity to get it. However, a friend who was sleeping over woke up at 2:00 am and found him running out of the house. However, when pressed by the cops, she said she could not be 100% sure it was him. Now I am charged with possession of 2 bags of H. Does the paraphernalia charge make me INeligible for PTI? This is my only possession charge.

  • Carlo

    Will a PTI appear on a background check and how can that adversely affect when applying for a new employment? Has the employer the right to ask information about the charges and/or see the court records?

  • Joan

    If a person does not pay the required restitution or report once a month and doesnt finish theyre required classes what happens ?

  • janine

    My son took his PTI in december after being arrested for a small amount of marajuana in ocean county. Over the weekend he was given a ticket for underage alcohol consumption in holmdel. Will this effect his PTI status?

  • Yes, it could potentially violate his PTI status depending on how the new charge is ultimately resolved. You should hire an attorney to fight to new matter for sure.

  • Based on your question, it sounds like you are on probation with certain requirements including restitution, reporting, and certain classes. If you fail to comply with the terms of your probation, you will be violated and can be sent to jail.

  • If you are currently on PTI and an potential employer does a background check, the charges will typically show up as “pending” since you have not been convicted or plead guilty. At the end of the PTI period if you successfully complete it the charges will show up as “dismissed”. Six months after you finish the PTI period you are eligible to expunge the arrest from your record as well.

  • No, you are eligible for PTI if you have no prior record and those are the charges you are facing.

  • If you get an attorney, you will most likely just get a fine but you will have a record from this. Without a lawyer, you may be placed on probation and lose your drivers license.

  • Joe

    Am I still eligible for PTI in NJ if I plead guilty to a DWI in NY and they put me on a conditional discharge? From what I understand a CD in NY and a CD in NJ mean completely different things, the most important distinction being that I took a conviction in NY and as far as i can tell it was not a diversion program as much as it was an unsupervised probation. Is there a way to show that they don’t really match up? DWI in NJ is a traffic violation NY it is criminal, CD in NY you still have a record.

  • Mike D

    Is there a NJ law or something that allows a NJ driver to downgrade a minor motor vehicle violation to a no point offense. I did this once when I was younger. My understanding was that this is allowed twice but I can’t remember what it is called. Thanks

  • Yes, the zero point ticket in New Jersey is called unsafe driving. You can only use it twice withing a 5 year period.

  • If you have a conviction or used a conditional discharge in NY, you are not eligible for a diversionary program in New Jersey (conditional discharge, PTI, or conditional dismissal).

  • Alex

    I was recently charged with 2nd degree aggravated assault, possession of a weapon with bodily injury. I have no prior criminal history, always maintained a job never got into any kind of trouble. The victim is willing to help and does not want to press charges or see me go to prison as it was a fight that really just got out of hand and we have been friends for years. Is there any possibility for me to be accepted into pti? And if convicted am I looking at jail time? If so how long?

  • Those are very serious charges and it will be extremely difficult to be admitted into PTI on a case like that. It will depend on the prosecutor, the county, any prior record, the victim cooperation, and the nature/extent of any injuries suffered by the victim. You can contact me directly to discuss the case at 908-385-9042. Thanks.

  • Alex navarrete

    Hey i am currently on probation for 6 months due to getting caught with a dime of weed. I recently got a careless driving ticket. Should i contact my PO and will i get drug tested?? My PO was very nice to me the day i went to meet her and said to stay out of trouble and contact her in 6 months to remind her to remove my case. Its been 2 months now and i havent got called or anything.

  • No, a traffic violation for careless driving has no impact on your probation. Let the probation officer reach out to you for a drug test, sometimes they don’t test at all.

  • Sam

    I am currently in a unconditional discharge program. This will be my 6 month. I was found with an open container in my vehicle(empty bottle of mikes hard lemonade) I was driving and was not drinking. My passenger who is over 21 had possession of the bottle but I was spotted with the bottle in my hand. I wasn’t given a bac test by the officer. Upon receiving the ticket I noticed that it said I was consuming the beverage. What could this result in and how can I go about it ?

  • It sounds like you are charged with underage possession of alcohol which is a criminal offense. You need to get a lawyer to represent you on this and try to avoid a record. If you are convicted, this could also violate your conditional discharge.

  • Sam

    I live in nj by the way

  • tracey darrigo

    My fiance is in jail in bergen county for drugs that were found in my car it was less then an ounce of horoin and crack I am gonna go to court and say it was mine I have no crimal background will I go tojail. NNever got into trouble except parking tuckets

  • Jessie

    My boyfriend is in jail for armed robbery by injury threat second degree . He’s 18 it’s his first offense he had absolutely nothing to do
    With the robbery is there any possible way he can apply for a PTI. He’s currently in bergen county jail 🙁

  • kb

    I live in N.J my husband got PTI for stealing money from his employer..my question is if we divorce will this make a difference in custody of our kids? thanks

  • Very unlikely. The goal on a case like that would be to keep him out of jail.

  • Doubt it. PTI does not require a plea of guilty so he didn’t actually admit to doing anything wrong.

  • No, you should not go to jail. You are eligible for PTI or at the very least you should be sentenced to probation.

  • Anonymous

    I recently was charged with possession under 50 grams, as well as possession of drug paraphernalia, both of which were disorderly person offenses. I’m only a student and want to go to law school, and want to have a clean record, I’ve read about conditional discharge, my main question is, is it necessary to have a lawyer file for this for me? Or is it something I could talk with the prosecutor about on my court date? I’m really nervous, as this is my first time ever having any sort of run in with the law.

  • The short answer is no you do not need an attorney to apply for the conditional discharge. However, I would highly recommend getting an attorney to walk you through the process and make sure that your record stays clean and that your drivers license doesn’t get suspended (which it is supposed to be for 6 months).

  • MG

    I got charged with Marijuana possession (less than 50g) near a university. I have no prior history of any conviction. This is the first offence. Is it likely that I will qualify for conditional discharge? Do I need an attorney to get me a CD? or a public defendant. Or is it a simple thing I can do myself. Have limited funds. If I approach it on my own, do I contact the court, prosecutor?
    Thanks in advance

  • Bobby

    ACD and PTI I’m currently in a case in NY and NJ, court dates are back-to-back days this week. NY charge is a felony for criminal mischief throwing a garbage through a security window. I got jumped right in front of the security guard in Harlem by 4 people (needed stitches and everything) and he did nothing. I want to fight that, but my public defender suggests ACD for NY.

    On the flip side, my NJ case seems more serious as I may have been impaired and ran from / made contact with an officer. I was shooting for PTI there.

    Can I enter ACD in NY and PTI in NJ? What should I do?

  • Anonymous
  • anonymous

    Im on pti and got 2 driving on revoked license. Am i going to be kicked out of pti? If so, am i going to jail? I got a court notice for a new officer for my original reporting day but got a specific time to be there.

  • scared family man

    so at 48 I get arrested for under 50 grams, Paraphenallia , and CDS in MV after being pulled over for a tail light. I know I should be eligible for a Conditional discharge, and have contacted a lawyer but will I need a special attorney for this ? I can’t afford to lose my license with 4 children, and my own business. Can I keep my license during the conditional discharge term in most cases ? This was in Hunterdon County, I was extremely cooperative, This was in a personal use device, was far less than the 50 g or under limit, but I realize they don’t distinguish between .01 or 49.99 .. I just am clearly not cut out for jail time, and cant imagine keeping up with my families needs let alone my business needs without a license.

    It is really insane to think that someone living his life as “normal”, as a volunteer and hard working law abiding tax paying family first as I have for so many years is in such a precarious situation so quickly, and that the arresting officers showed no apparent compassion or more importantly discretion in the situation.

    Have you any experience with the Hunterdon County municipal court that would be specifically helpful in this case ?

    I know your job isn’t to make me feel better but is that Judge/Prosecution team fair and reasonable, or could I be in for a bigger problem by being in the wrong place wrong time..

    Frustrating in this day and age to see so many good people treated this way, but at this point I just don’t want to lose my license, I will do whatever else I have to do, as expensive as it likely will become. .

  • I can definitely help you with this case. If I am able to get you into the conditional discharge program (which is highly likely), then you will not go to jail, you will not lose your drivers license, and (when you successfully complete the program) you will not have a criminal record. You can contact me directly to discuss at 201-556-1570.

  • As long as your driving while suspended are traffic violations (not the 4th degree criminal charge), I don’t think this should violate your PTI.

  • If you are not eligible for PTI, then you are going to end up with something on your record unless the case is thrown out on a technicality like an illegal search or chain of custody issue. However, even if you plead guilty your attorney can make a hardship application on the license suspension saying you need it for work and that there is no mass transportation available that could take you to work and back.

  • No, you can’t get both. You need to find out which charges are more serious and take the diversionary program on those. It sounds like the NJ charges are more serious and you have a better chance of fighting the charges in NY. Good luck.

  • It sounds like you are a perfect candidate for a conditional discharge. You don’t have to get an attorney to apply but typically a lawyer can work out the best deal possible for you with the minimum terms and dismissal of other charges. Without a lawyer, you may not be able to do that on your own. A public defender can help you with that also.

  • Not quite as scared, still a family man

    I just wanted to thank you for replying and for this “forum”. In the time it took to see that you had replied I already contacted a family friend who is a lawyer in the central Jersey area. He is familiar with these types of cases, and in an effort to help me out has already contacted the courts, entered a “not guilty” plea and waived my right to first trial .. I have a new court date in Dec..

    It Sounds like he knows what the situation is, and how to deal with it. Claims that after discovery we will discuss any options and at the end of it all, we still have the Conditional discharge option should we not find any errors sufficient enough to have some or all charges dismissed.

    Can hiring a lawyer and the lawyer then trying to fight the charges/waiving my first trial right, in any way have any negative impact on my ability to get a fair deal in the conditional discharge ?

    I have strong feelings that my rights were violated , they had me for more than a tail light from the start, as they had 3 cars screaming up behind me and two cops RAN out of their cars towards mine. I am confident they saw whatever it was in my car while it was parked in a Wawa . I also know that Weed is mostly harmless, but because my family is my priority I feel I should just take my CD , stick with whatever they require of me, and get past this.. It is possible they saw it when I wasn’t in the car, but when I was sitting in it, it would be impossible my legs would block that entire area. They immediately shined their flashlights where it was even though my leg and body were in the way.

    I was certainly much more upset, and nervous about this the preceding weeks, but even though I feel a bit better I am still concerned about the Not guilty plea and waiving first trial rights. The officer involved made a point to tell me to show up the First date, that he would talk to prosecutor. Now I fear I may have ruined his willingness to cooperate by “lawyering up” , but I didn’t think I had any choice, I have to protect myself and my family right ? and my license is critical to that.

    In any event thank you again for this discussion thread and for taking the time to offer your help.

    If you see fit to clarify what effect the not guilty plea and waving first trial rights may have on my outcome, I would like to hear as many ‘professional” opinions as possible.

    If not , I understand you don’t “work” for free so again thank you for your reply.

    I can’t wait for them to come to their senses (no pun intended) in NJ and at least do what they are doing in parts of NY (not prosecuting criminally for small amounts) ..

    Thanks again,
    “S-F-M” original post 10/31 ..

  • veryverynervous

    if someone gets a conditional dismissal PTI on a misdemeanor level shoplifting charge are there still fines or penalties like community service? if so what are they (typically)? are there drug tests (random or to get the CD)? what exactly happens when one agrees to/receives a CD?

    thanks in advance.

  • jay

    I am currently in the pti program. I was scheduled to go yesterday however i didnt due to transportation. My Officer said that i had shown positive for marijuana on my first &only test. Ive been on since Dec 2013. I try to pay as much as i can which is usually $20/mth
    She said to me that i have to get a drug/alcohol evaluation &to come in the 2nd of dec.
    She also said she would send my papers to the court to have me terminated….im so scared because i dont get in trouble. My fiance is with child &i cant get im trouble &leave her by herself. Can you tell me whats most likely to happen…my mom says ill probably get a treatment program like SODAT. What you think…please respond back to me

  • Denny

    Hi Travis. I have a 15 year old warrant for possession of 4 bags if heroin in Gloucester Nj. I was 18 at the time and the warrant just recently popped up. Will I get a bail (since they claim it’s a fta even tho I ckd never find a warrant in my name till now) It was in my sisters name they had us confused or something. I had another arrest 15 yrs ago that I plead guilty on. It was for interfering with police price due or something. No pti just a small fine i paid off. Will I have the option of pti or cd after I turn myself in? I don’t even know if the cop is retired and if there is any evudence, since like I stated it was 15 yrs ago. Please and thank you for your help. I just need to know my best options and what a lawyer could and would do/recommend. (3rd degree possession of heroin. It was 3 or 4 10$ bags a guy shoved down my pants and I got a ticket for. I was fingerprinted by state police. Never had a guilty charge against me at the time. It was first offense)

  • joseph

    If your on P.T.I. and you have probation; is the probation usually supervised or non? And is there any way to help the decision lean toward non supervised….I’m in a very unlucky situation please respond back and let me know what you think

  • wtfjerrycizz

    does this automatically get expunged off your record after 6 months of completing your PTI or do you have to ask to have it expunged?
    You say that a record of the arrest will show, does it show what you were arrested for?
    When filling out a job application, must you check that you’ve been convicted of a felony if you’ve completed your PTI?

    • Larry Hall

      After u completed pti U were not convicted of a felony they wiped that clean ,, Ur good as far as the job goes .,

      Ur arrest record will show what u were locked up for , but it will not show nothing else ,

      And yes it get expunged off ur record after 6 months it does it automatically so u do not haft to all anyone to take it down ,,

  • Cbernone Pas1023

    So all charges will be dismissed including possesion of cds, and driving with cds on person ??

  • Dr. M. Yankem DMD

    How do you know this ? And what about when applying for your fire arms ID card ? It say ( have you ever been convicted of s crime in NJ or a criminal offense in other states where you could have been sentence to up to 1 year of jail that has not been expunged or sealed ) I’m legally aloud to say no I haven’t right ?

  • shawn terrell

    My husband was charged with possession of marijanna in 1995. He went to court & the judge gave him a conditional discharge and if he didn’t get in anymore trouble the charges would be dismissed. When my husband apply for jobs a FELONY shows up on his record for the possession of marijanna. When we contacted the criminal division about why it’s showing up as a FELONY they don’t have any record of the CONDITIONAL DISCHARGE I was told that they don’t have any record that he appeared in court. What can we do about this please help.

  • linda ott

    My records from when I wasn’t sure the opportunities life has to offer was stopping me from achieving my goals,despite the fact that i wasn’t convicted and the court let me go,but each time a background check is done ,my record history keeps coming out with the past,i sort to have it expunged ,that didn’t work till my lawyer introduced me to a group of ethical elite hackers who were able to remove my record history from every references and database my record has ever been,theirs hope out there for everyone,if you’re having similar problem,i suggest you try eliterealhack(AT)gmail(DOT)com and thank me later.

  • Jim

    How happens when you get arrested one time being on PTI for possion of weed in the car?