A question often asked by clients is “what’s the difference between getting PTI (Pre-Trial Intervention) and a “CD” (Conditional Discharge). Both programs are supervisory in nature and are referred to as diversionary programs. They are usually available to first time offenders who have no prior or minimal record (for PTI) and no previous convictions for drugs or drug paraphernalia for a (CD). In addition Pre-Trial Intervention or PTI is solely accessible in the Superior Court. It also only arises out of crimes; i.e. Charges of the 1st, 2nd, 3rd and 4th degree. As a practical matter you have little to no chance of getting PTI on a 1st degree crime and a slim chance for a 2nd degree crime. If the facts are right on a 2nd degree crime and the prosecutor doesn’t object then you could get PTI on a 2nd degree offense.
In order to be accepted to PTI you have to apply for PTI in the criminal division manager’s office in the county where the crime arose. If the program level accepts you, your application is then sent to the prosecutor’s office for their approval or rejection. The term of PTI is one to three years. If you successfully complete the program then the charges against you will be dismissed with prejudice. A conditional discharge on the other hand can be granted at the Superior Court or Municipal Court level and is usually only used with non criminal offenses such as disorderly persons offenses such as “less than (<) 50 grams of marijuana charges” or “possession of paraphernalia.” You can not get a CD for non drug or non paraphernalia cases regardless of your record. To be eligible, you must not have ever been convicted of a drug or paraphernalia charge in New Jersey or any other State. If you are eligible, you will be placed on probation for a term of six months or one year, depending on the Court.
Two last caveats, you cannot get PTI if you have already had a CD and vice versa. Lastly, once six months has expired from the full completion of your program (including full payment of fines), you can retain my office to file an expungement. An expungement isolates and/or seals your records of arrest, fingerprints, mug shots, etc. so that your prospective employer cannot locate your arrest, etc.. In addition, once you have been granted an order of final expungement by a Court, you can legally answer questions from most employers (Judicial and police exception) that you have never been arrested or charged with an offense. .
