NJ Pretrial Intervention Order of Dismissal

NJ Pretrial Intervention Order of Dismissal

Getting criminal charges dismissed through pretrial intervention (PTI) in New Jersey can be a huge relief. But it doesn’t happen automatically – you have to successfully complete the PTI program first.

At the end, the prosecutor files an order of dismissal ending the case. Let’s look at how PTI dismissal orders work in NJ.

What is a PTI Dismissal Order?

A PTI dismissal order is a court document filed by the prosecutor requesting that the charges against a defendant who completed PTI be dismissed. It states:

It is on this ___ day of ______, 20__, ordered that the defendant’s participation in the Pretrial Intervention Program has been successfully concluded and this matter is dismissed pursuant to N.J.S.A. 2C:43-12.

This officially terminates the prosecution and clears your record of the offense. But it only happens after finishing PTI under Standard Condition #14.

Eligibility for Dismissal

To earn dismissal, you must fully comply with all conditions over the entire PTI term. The prosecutor reviews your progress and files the dismissal order if you:

• Avoided new offenses
• Followed probation rules
• Paid fines and restitution
• Completed treatment programs
• Stayed clean on drug tests
• Met all other requirements

If you violate PTI terms, you can be terminated from the program and prosecuted on original charges instead.

Waiting Periods for Dismissal

PTI dismissal can’t happen immediately – you must complete a mandatory supervision period first. The waiting periods are:

• 6 months for 3rd and 4th degree crimes
• 1 year for 2nd degree crimes
• 18 months for 1st degree crimes

The clock starts once you’re ordered into PTI at your hearing. The prosecutor won’t file for dismissal until you finish the required supervision term.

Effects of a PTI Dismissal

Once your charges are dismissed after PTI, it’s like the arrest and prosecution never happened. A PTI dismissal:

• Clears your criminal record – no conviction
• Avoids penalties like fines, probation, or jail
• Allows you to expunge arrest from your record
• Doesn’t have to be disclosed on job or school applications

It’s the best possible outcome after an arrest. But again, you have to fully comply with PTI first to earn dismissal.

Violating PTI Before Dismissal

If you commit violations during your PTI term, the prosecutor may file a notice of intent to terminate you from the program instead of dismissing the charges.

You’ll have a hearing where the state must show you breached PTI conditions. If the court terminates you, the criminal case picks up where it left off before PTI.

Your only option then is defending against the charges at trial. This is why strict PTI compliance is so important.

Expungement After Dismissal

After your charges are dismissed following PTI, you can petition to expunge your arrest record under N.J.S.A. 2C:52-6. The waiting periods are:

• Immediately for disorderly persons offenses
• 5 years for 3rd and 4th degree indictable offenses
• 10 years for 1st and 2nd degree indictable offenses

Expungement clears your arrest from public records. An attorney can handle the expungement process for you.

When is Dismissal Not Possible?

There are certain cases where charges cannot be dismissed after PTI under Standard Condition #15. These include:

• Death by Auto or Vehicular Homicide cases
• Domestic Violence offenses with permanent restraining orders
• Any case ordered ineligible by the Attorney General

For these offenses, PTI may spare you jail but cannot result in a dismissal no matter how well you comply.

Consult an Attorney

The PTI dismissal process has strict eligibility rules and waiting periods. Having an experienced criminal law attorney guide you maximizes your chances of earning dismissal.

They will advocate for your acceptance into PTI when appropriate, defend against any termination efforts, and handle expungement after dismissal.

Don’t leave your future to chance – get expert legal help pursuing a PTI dismissal of your charges.