You might have questions about the new conditional dismissal program in NJ Municipal Courts.
Q: How do I know if I am eligible for the conditional dismissal program in New Jersey?
A: Maybe. To learn the basics about the conditional dismissal program in NJ, read Travis Tormey’s other article.
Q: Will I need to plead guilty to get into the conditional dismissal program?
A: Unfortunately, yes. The statute requires you to plead guilty to the underlying offense in order to enter the program. However, if you successfully complete the program, the charges against you will be dismissed and you will have no criminal record.
Q: Is the program going to cause problems for my immigration status?
A: It might. If you are not a citizen, a guilty plea could cause problems with immigration. Therefore, you should speak to an immigration lawyer before entering into the program.
Q: My arrest was in December 2013. Am I still eligible for the conditional dismissal program?
A: Unfortunately, no. The conditional dismissal program became effective January 4, 2014 and is not retroactive. This means that the program only applies to arrests after January 4, 2014.
Q: Can I expunge my arrest once I have completed the program?
A: Yes. However, there is a six-month waiting period before you can file for the expungement.
Q: Am I able to get admitted into the conditional dismissal program for a drunk driving charge?
A: No. The conditional dismissal program is only available on disorderly persons or petty disorderly persons offenses.
Q: If I used Pre-Trial Intervention or a conditional discharge previously, can I still use the conditional dismissal program?
A: No. You can only use one diversionary program in New Jersey during your life.
Q: How long is the probationary period going to last?
A: One year.
Q: How much is the conditional dismissal program going to cost?
A: There is a $75 application fee and then there will be certain program fees up to the maximum fine permitted for your underlying offense.
Q: If I’ve been charged with simple assault for a domestic dispute with my wife, am I eligible for the conditional dismissal program?
A: No. Domestic violence charges are not eligible for the conditional dismissal program.