Expungement After a Diversionary Program in New Jersey
Clearing a Record After PTI, Conditional Discharge, or Conditional Dismissal
Completing a diversionary program can result in the underlying charge being dismissed, but dismissal does not necessarily mean that every record connected with the case immediately disappears.
New Jersey expungement law specifically addresses cases resolved through diversion. The timing and procedure can differ from both a conviction expungement and an ordinary dismissal that did not involve a diversionary program.
For someone who successfully completed Pretrial Intervention (PTI), Conditional Discharge, Conditional Dismissal, or another qualifying diversionary program, the next question is whether the resulting arrest and court records are eligible to be expunged. Our Essex County expungement lawyers help clients in South Orange, West Orange, Belleville, Bloomfield, Millburn, Newark, Montclair, and throughout Essex County. Call our Newark office at 201-654-3464. Consultations are free and available 24/7.
A Dismissal After Diversion Is Different From an Ordinary Dismissal
N.J.S.A. 2C:52-6 generally provides favorable expungement treatment when criminal or municipal proceedings end without a conviction or finding of guilt.
Diversionary dismissals, however, have their own rules.
A person whose charge was dismissed after successfully completing PTI, Conditional Discharge, or Conditional Dismissal generally cannot obtain the expungement until six months have passed from the entry of the dismissal order.
That distinction is important. A person may have successfully completed the program and had the charge dismissed but still be within the statutory six-month period for expungement.
The Six-Month Waiting Period
Under N.J.S.A. 2C:52-6, records associated with charges dismissed following completion of PTI, Conditional Discharge, or Conditional Dismissal generally become eligible for expungement six months after the order of dismissal.
The six months runs from the dismissal, not simply from the date the person entered the program or completed an individual program requirement.
This is substantially different from the multi-year waiting periods that can apply to expungement of convictions, such as indictable offenses or disorderly persons offenses.
Once the six-month period has passed, an eligible person can seek to have the records associated with the dismissed matter expunged.
Expungement by Type of Diversionary Program
Expungement After Pretrial Intervention
Pretrial Intervention allows eligible defendants to resolve criminal charges through supervisory treatment rather than through an ordinary conviction.
When PTI is successfully completed, the charges are generally dismissed.
For expungement purposes, however, the dismissal following PTI is treated differently from an ordinary dismissal. N.J.S.A. 2C:52-6 specifically provides for expungement after the required six-month period.
The resulting expungement can address the records associated with the arrest and charges even though the case did not result in a criminal conviction.
Expungement After Conditional Discharge
Conditional Discharge has historically been used in certain disorderly persons drug cases.
A defendant admitted to Conditional Discharge may have the proceedings suspended while completing the conditions imposed by the court. Successful completion can result in dismissal of the proceedings.
The existence of that dismissal does not automatically place the case under the immediate-expungement rules applicable to an ordinary dismissal. N.J.S.A. 2C:52-6 establishes the six-month period for a dismissal resulting from Conditional Discharge.
Older Conditional Discharge records can therefore remain candidates for expungement even when the underlying case was completed many years ago.
Expungement After Conditional Dismissal
Conditional Dismissal is another diversionary mechanism available in New Jersey municipal court in qualifying cases, such as certain disorderly conduct or shoplifting matters.
When the program is successfully completed and the proceedings are dismissed, N.J.S.A. 2C:52-6 permits expungement after six months have elapsed from the dismissal order.
Someone reviewing an older municipal court record, such as one from the Newark Municipal Court, should therefore determine whether the case was simply dismissed or whether the dismissal occurred after participation in Conditional Dismissal. That distinction affects the timing and statutory treatment of the record.
Mental Health Diversion and Expungement
New Jersey law also provides a Mental Health Diversion Program for eligible defendants.
Successful participation can result in dismissal of the charges, and N.J.S.A. 2C:52-6 specifically addresses records and information relating to an arrest or charge dismissed following successful participation in the Mental Health Diversion Program.
Unlike the six-month rule applicable to PTI, Conditional Discharge, and Conditional Dismissal, the statute permits a participant in the Mental Health Diversion Program to seek expungement at the time the charges are dismissed. If expungement is not granted at that time, the person may apply following the dismissal as provided by the statute.
Expungement After Veterans Diversion
New Jersey’s Veterans Diversion Program is available to eligible servicemembers and generally involves counseling and supportive treatment rather than traditional prosecution.
When a charge is dismissed following successful participation in Veterans Diversion, N.J.S.A. 2C:52-6 permits the county prosecutor, on behalf of the servicemember, to move for expungement of the records relating to the arrest and diversion at the time of dismissal.
If an expungement is not granted at that time, the servicemember may apply for relief at any time following entry of the dismissal order.
Veterans Diversion is therefore not subject to the six-month waiting period that applies to PTI, Conditional Discharge, and Conditional Dismissal.
Expungement After Recovery Court (Drug Court)
New Jersey’s Recovery Court program, formerly known as Drug Court, allows certain defendants with substance use disorders to be sentenced to special probation that includes court-supervised treatment.
Recovery Court has its own expungement provision. Under N.J.S.A. 2C:35-14(m), upon successful discharge from special probation, the Superior Court may order the expungement of all records and information relating to all prior arrests, detentions, convictions, and proceedings, not only the case that led to Recovery Court.
To qualify, the person generally must have satisfactorily completed the substance abuse treatment program ordered by the court and must not have been convicted of a crime during the term of special probation. The court must grant relief unless it finds that the need for the availability of the records outweighs the person’s interest in being free of their effects.
A person whose records include a conviction for an offense barred from expungement under N.J.S.A. 2C:52-2 is generally ineligible for this relief, although the statute contains a limited exception for certain endangering-the-welfare-of-a-child convictions after a ten-year period.
The statute also provides that a conviction for a crime after the expungement can result in the records being restored, and no future expungement may be granted. Successful Recovery Court participants should therefore understand both the significant benefit of this provision and its continuing conditions.
Does Participation in Diversion Count as a Conviction?
Successful completion of a diversionary program followed by dismissal ordinarily means that the diverted charge did not result in a conviction.
That does not mean prior participation is irrelevant for every legal purpose. New Jersey’s diversion statutes contain restrictions concerning prior participation in certain programs, and the effect of an earlier diversion can depend on the program involved and the circumstances of the later case.
For expungement purposes, the important point is that a successfully diverted and dismissed charge is treated differently from a conviction. The applicable expungement procedure and timing depend on the particular diversionary program through which the case was resolved.
What If the Diversionary Program Was Completed Years Ago?
A person does not lose the ability to seek expungement merely because an eligible diversionary dismissal is old.
Many people completed PTI, Conditional Discharge, or Conditional Dismissal years before considering whether the associated record remained accessible.
If the required period has long since passed, the disposition can be reviewed to determine whether the matter qualifies for expungement and whether anything else in the person’s history affects the application.
Obtaining the correct disposition information can be particularly important with an older case because the record may identify the charge as dismissed without immediately explaining the circumstances that produced the dismissal.
What If There Were Other Charges in the Same Case?
A diversionary dismissal should not be considered in isolation when the same case also contained other charges.
If every charge was dismissed following successful diversion, the analysis may be relatively straightforward. If another charge resulted in a conviction, guilty plea, or different disposition, additional expungement provisions may need to be considered.
The fact that one charge was dismissed through PTI or another program does not by itself determine the treatment of every other charge arising from the case.
Reviewing the final disposition of each charge helps identify the appropriate expungement procedure.
Marijuana Cases Can Be Different
A Conditional Discharge or other disposition involving marijuana may require additional analysis because New Jersey subsequently enacted marijuana-specific expungement provisions.
N.J.S.A. 2C:52-6.1 provides expungement by operation of law for specifically identified marijuana and hashish cases, including qualifying disorderly persons or petty disorderly persons offenses subject to Conditional Discharge.
An older marijuana matter should therefore be reviewed under the marijuana-specific expungement provisions before assuming that the ordinary diversionary expungement procedure is necessary.
Why Expunge a Case That Was Already Dismissed?
A dismissal is a favorable disposition, but dismissal and expungement are not the same thing.
An arrest and criminal or municipal court proceeding can generate records even when the prosecution ultimately ends without a conviction.
Expungement provides the statutory mechanism for addressing qualifying records associated with that matter.
For that reason, someone who successfully completed diversion years ago may still benefit from determining whether the resulting dismissed case was actually expunged rather than assuming that dismissal alone accomplished the same result.
Filing for Expungement After Diversion
New Jersey uses an electronic system for expungement applications filed through the Judiciary.
Before filing, the disposition should be reviewed to determine the program involved, the date the dismissal order was entered, and whether the case included any additional charges or dispositions requiring separate analysis.
This can be particularly important where court records are old, where a person has more than one prior case, or where the dismissal occurred through a program with its own statutory expungement provisions. Essex County matters are generally handled through the Essex County Superior Court.
Essex County Diversionary Program Expungement Lawyers
The Tormey Law Firm represents clients seeking to clear records following successful completion of diversionary programs in Newark, Essex County, and throughout New Jersey.
An attorney can review the disposition, identify the diversionary program involved, determine whether the required period has passed, and evaluate whether other matters in the person’s history affect the expungement application.
If you completed PTI, Conditional Discharge, Conditional Dismissal, or another diversionary program in Newark, East Orange, West Orange, Bloomfield, Montclair, Belleville, Nutley, Livingston, Millburn, Irvington, or elsewhere in Essex County, contact The Tormey Law Firm to discuss whether the resulting record is eligible for expungement. Call 201-654-3464 or contact us online for a free consultation.
