Pre-Trial Intervention vs. Conditional Discharge in NJ
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.

Comments (171)
Read through and enter the discussion by using the form at the endRod Mac - April 27, 2011 10:00 AM
can a person charged with shop lifting still get probation, if they are not eligible for PTI?
Rod Mac - April 27, 2011 11:33 AM
can a person charged with shop lifting still get probation, if they are not eligible for PTI?
Travis Tormey - May 8, 2011 2:36 PM
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 - May 22, 2011 8:49 PM
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?
Travis Tormey - May 22, 2011 8:53 PM
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 - June 11, 2011 7:51 PM
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.
Travis Tormey - June 12, 2011 2:31 PM
Unfortunately, no. Unlawful possession of a weapon is a second degree crime and does not usually result in a PTI recommendation and admission.
Jim - June 28, 2011 2:43 PM
Can you get CD for disorderly conduct?
Travis Tormey - July 5, 2011 1:41 PM
No, unfortunately the conditional discharge program is only available for minor marijuana offenses in New Jersey.
Tim - July 7, 2011 4:55 PM
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 - July 7, 2011 11:34 PM
Would I need an expungement to become a police officer even if I completed my PTI requirements?
Travis Tormey - July 14, 2011 12:48 PM
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.
Travis Tormey - July 14, 2011 12:49 PM
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 - July 14, 2011 6:49 PM
How much would it cost to get my record expunged? And how long does it take?
Travis Tormey - July 17, 2011 4:16 PM
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 - July 28, 2011 12:24 PM
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 - July 30, 2011 10:45 AM
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.
Travis Tormey - August 1, 2011 8:59 AM
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.
Travis Tormey - August 1, 2011 9:01 AM
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 - August 9, 2011 12:45 AM
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 - August 13, 2011 10:44 PM
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 . . .
Travis Tormey - August 14, 2011 3:10 PM
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 - August 14, 2011 11:42 PM
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 - August 17, 2011 12:52 PM
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.
Travis Tormey - August 17, 2011 4:32 PM
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 - September 3, 2011 1:56 AM
if i was givin a conditional discharge would it keep me from becoming a police officer?
joel - September 13, 2011 10:38 PM
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 - September 14, 2011 1:59 AM
If on pti under my maiden name and charged w/something new under my married name will the courts find out.
Travis Tormey - September 15, 2011 5:58 PM
Yes.
Travis Tormey - September 15, 2011 5:59 PM
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 - September 20, 2011 12:08 PM
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
Travis Tormey - September 20, 2011 3:48 PM
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 - September 26, 2011 10:46 AM
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?
Travis Tormey - September 26, 2011 10:59 AM
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 - September 26, 2011 7:51 PM
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
Travis Tormey - September 27, 2011 2:55 PM
I would be happy to discuss this case with you. Call my office for a free consultation at (973)971-0030.
Bryan C - October 2, 2011 11:38 PM
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 - October 24, 2011 10:34 PM
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. - October 26, 2011 1:00 AM
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?
Travis Tormey - October 27, 2011 3:20 PM
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 - January 19, 2012 1:57 PM
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 - January 30, 2012 3:40 PM
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.
Travis Tormey - January 30, 2012 3:51 PM
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 - February 20, 2012 12:55 PM
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 - April 5, 2012 8:23 PM
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 - April 8, 2012 11:22 AM
If someone has PTI and is almost done n gets caught with DWI will this affect PTI.
Travis Tormey - April 9, 2012 10:16 AM
Yes, he is eligible for a conditional discharge.
Travis Tormey - April 9, 2012 10:18 AM
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 - April 13, 2012 4:22 PM
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 - April 15, 2012 1:45 AM
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?
Travis Tormey - April 16, 2012 10:20 AM
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.
Travis Tormey - April 16, 2012 10:53 AM
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 - April 28, 2012 12:40 PM
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?
Travis Tormey - April 30, 2012 10:37 AM
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 - May 1, 2012 2:26 PM
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?
Travis Tormey - May 3, 2012 1:54 PM
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 - May 6, 2012 12:02 PM
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.
Travis Tormey - May 7, 2012 9:45 AM
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 - May 7, 2012 6:04 PM
What are the ranges of possible sentences for a violation of 2c: 35-10a(1)? Is there a possibility of a non custody sentence? is there a possiblity of getting it dismissed or lowered if the person offers evidence of other (bigger) indictable crimes to the DA?
What would your office typically charge to handle a third degree crime? And how much is the consultation?
Travis Tormey - May 8, 2012 11:53 AM
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 - May 9, 2012 5:09 PM
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 - May 29, 2012 9:19 PM
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
Travis Tormey - May 31, 2012 10:22 AM
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 - June 29, 2012 12:07 AM
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 - July 13, 2012 5:35 PM
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?
Travis Tormey - July 16, 2012 10:01 AM
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 - July 21, 2012 12:23 AM
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?
Travis Tormey - July 23, 2012 10:00 AM
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 - July 26, 2012 4:28 AM
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?
Travis Tormey - July 26, 2012 10:31 AM
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 - July 29, 2012 1:07 PM
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 - July 30, 2012 12:54 AM
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?
Travis Tormey - July 30, 2012 8:48 AM
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.
Travis Tormey - July 30, 2012 8:54 AM
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 - August 18, 2012 4:11 PM
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 - September 2, 2012 1:55 PM
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 - September 5, 2012 6:57 PM
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.
Travis Tormey - September 5, 2012 7:01 PM
No, he should be fine.
Travis Tormey - September 5, 2012 7:04 PM
I think it should be filed in your maiden name. Contact me anytime for a free consultation at (908)385-9042.
Courtney - September 6, 2012 1:36 PM
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.
Travis Tormey - September 7, 2012 12:04 PM
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 - October 10, 2012 12:17 PM
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
Travis Tormey - October 10, 2012 12:19 PM
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 - October 11, 2012 9:05 AM
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 - October 21, 2012 3:53 AM
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.
Travis Tormey - October 21, 2012 9:33 AM
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 - October 22, 2012 1:30 AM
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?!
Travis Tormey - October 22, 2012 4:52 PM
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 - October 23, 2012 10:49 AM
I think it's a third degree, and the county is Hudson
Is there any other possibilite for me than jail?!
Travis Tormey - October 23, 2012 12:46 PM
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 - October 25, 2012 4:46 PM
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 - October 28, 2012 2:15 AM
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.
Travis Tormey - October 28, 2012 8:11 PM
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.
Travis Tormey - October 28, 2012 8:15 PM
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 - October 31, 2012 10:37 PM
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?
Travis Tormey - November 1, 2012 9:05 AM
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 - November 8, 2012 2:04 PM
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!
Travis Tormey - November 8, 2012 5:47 PM
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 - November 20, 2012 10:10 PM
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 - November 25, 2012 3:17 AM
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 - November 28, 2012 4:30 PM
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 - November 29, 2012 2:18 AM
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 - November 29, 2012 2:12 PM
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?
Travis Tormey - November 29, 2012 5:36 PM
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.
Travis Tormey - November 29, 2012 5:43 PM
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).
Travis Tormey - November 29, 2012 5:47 PM
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.
Travis Tormey - November 29, 2012 5:51 PM
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 - December 12, 2012 1:03 PM
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 - December 14, 2012 1:32 PM
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....
Travis Tormey - December 17, 2012 3:04 PM
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.
Travis Tormey - December 17, 2012 3:09 PM
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 - December 17, 2012 9:50 PM
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 - December 19, 2012 5:15 PM
Can someone get PTI for distribution charge as a first time offender in NJ being from another state??
Travis Tormey - December 20, 2012 3:15 PM
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.
Travis Tormey - December 20, 2012 3:17 PM
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 - December 21, 2012 4:38 AM
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
Travis Tormey - December 21, 2012 4:09 PM
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 - December 22, 2012 4:33 PM
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.
Travis Tormey - December 23, 2012 9:49 AM
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 - December 29, 2012 2:14 AM
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?
Travis Tormey - December 29, 2012 3:11 PM
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 - January 7, 2013 9:45 PM
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 - January 8, 2013 5:09 PM
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?
Travis Tormey - January 9, 2013 11:25 AM
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.
Travis Tormey - January 9, 2013 11:27 AM
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 - January 10, 2013 1:57 AM
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 - January 11, 2013 2:41 AM
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
Travis Tormey - January 12, 2013 10:19 AM
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.
Travis Tormey - January 12, 2013 10:22 AM
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 - January 16, 2013 8:52 PM
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.
Travis Tormey - January 18, 2013 1:21 PM
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 - January 22, 2013 10:40 AM
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 - January 24, 2013 9:21 AM
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.
Travis Tormey - January 24, 2013 9:25 AM
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.
Travis Tormey - January 24, 2013 10:02 AM
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 - January 27, 2013 10:51 PM
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 - January 30, 2013 11:58 AM
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?
Travis Tormey - January 30, 2013 2:31 PM
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.
Travis Tormey - January 30, 2013 2:33 PM
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 - January 31, 2013 3:58 AM
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.
Travis Tormey - January 31, 2013 9:51 AM
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 - February 1, 2013 2:42 AM
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.
Travis Tormey - February 1, 2013 9:21 AM
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 - February 1, 2013 4:20 PM
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.
Travis Tormey - February 5, 2013 3:55 PM
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 - February 6, 2013 12:42 AM
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
William - February 11, 2013 4:34 PM
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 - February 12, 2013 9:56 PM
,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 - February 13, 2013 11:38 AM
-urgent!
I had shoplifting. Last week I went to Millburn Municipal court, my public defender told me I have only two choices “plea guilty” or “have a trial”, she only gave 5-10mins to make such big decision. I know it is hard to have a trial. So I was forced to plea guilty since it was too hurry. Now I realize I don’t need to make decision that day, I also have more choice: could let Judge to put me to county court to get PTI for my first offense, and I also need time to talk to immigration lawyer, 1st time at the court… So I have many good reasons to re-open my case. Tell me how difficulty ?% to get PTI for 1st offense? If fail to get PTI, is my result will get worse in County court than Municipal court? Does County have more chance to deport you than Municipal?
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
Travis Tormey - February 17, 2013 3:36 PM
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.
Travis Tormey - February 17, 2013 3:38 PM
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. - February 17, 2013 3:45 PM
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.
Travis Tormey - February 17, 2013 3:48 PM
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 - February 17, 2013 9:38 PM
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
Travis Tormey - February 21, 2013 5:34 PM
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 - February 26, 2013 3:25 PM
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?
Travis Tormey - February 26, 2013 3:36 PM
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.
Travis Tormey - February 26, 2013 3:37 PM
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.
Travis Tormey - February 26, 2013 4:33 PM
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 - February 28, 2013 11:36 AM
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
Travis Tormey - March 3, 2013 10:10 AM
Yes, the charges show up as pending while you are on PTI and then dismissed after you complete it.
CK - March 5, 2013 8:11 AM
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 - March 8, 2013 9:47 AM
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.
Travis Tormey - March 8, 2013 10:00 AM
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.
Travis Tormey - March 8, 2013 10:17 AM
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 - March 14, 2013 4:14 PM
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 - March 14, 2013 4:40 PM
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.
Travis Tormey - March 15, 2013 10:55 AM
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.
Travis Tormey - March 15, 2013 11:01 AM
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 - May 11, 2013 6:25 PM
can i get a pti for a sexual assault that they offered a plea down to a 3rd degree
Travis Tormey - May 12, 2013 12:57 PM
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.