New Jersey PTI / Conditional Discharge Expungement Lawyer
Bergen County Pre Trial Intervention & Conditional Discharge Attorneys
Often times people feel that since they received and successfully completed either the pre trial intervention (“PTI”) or the conditional discharge program that there is no record of the original offense. Unfortunately, that is just not accurate, the underline arrest for will remain on your record until it is formally expunged off of your record. Pursuant to N.J.S.A. 2C:52-56-2 and individual may petition the courts to expunge all records associated with the underline offense and the use of a diversionary program. A criminal record can hinder your ability to obtain employment, obtain professional licenses and be accepted into college. The Law Offices of Marshall, Bonus, Proetta & Oliverhas been successfully petitioning the courts of New Jersey to expunge individuals criminal record for over fifteen years. If you have any questions please feel free to contact any one of our Bergen County Offices for an initial consultation with regards to your eligibility for an expungement. Here is some important information with records to expunging your criminal record when you completed a diversionary program.
Expunging either a PTI or Conditional Discharge: N.J.S.A. 2C:52-6
Pursuant to N.J.S.A. 2C:52-6, an individual may petition the court to expunge all evidence associated with use of a diversionary program, including the underline arrest, six (6) months after completing the program. Therefore, once the defendant successfully completes either the PTI or the Conditional Discharge Program they must wait six months before they can seek to have there criminal record erased.
In addition, traditionally, an individual seeking an expungement of a diversionary program must not have either prior to or subsequently been convicted of either a disorderly persons offense, petty disorderly persons offense or indictable offense. This would have been a complete bar for anyone seeking to have a diversionary program erased. However, the Legislature has amended the statute to remove that requirement. Furthermore, if the defendant has been either arrested and/or convicted of a local borough ordinance, whether it be prior to or subsequent to the use of a diversionary program, they also eligible to petition the courts for the said expungement, provided that all others waiting periods have been satisfied.
Experienced Expungement Attorneys
The expungement laws in New Jersey can be very confusing at times. Therefore, if you are seeking to have your criminal record expunged it is imperative that you hire an experienced expungement lawyer. One of the attorneys on staff of the Law Offices of Marshall, Bonus, Proetta & Oliver visits the New Jersey State Bar Association to give presentation on expungement law. If you or someone you love is trying to have there criminal record we can help. Please contact any one of our Bergen County Offices for a free initial consultation about your criminal record. Remember, just because you successfully complete a diversionary program, whether it be PTI or a Conditional Discharge, does not mean that your criminal record is erased.