You have never faced a criminal or disorderly persons case before, and now you have received a summons or complaint requiring you to appear in New Jersey Municipal Court.
Maybe you were accused of leaving a store without paying for an item, getting into a fight, or causing a disturbance that led police to file a disorderly persons or petty disorderly persons charge. Now you are trying to understand what the charge could mean for your record, your job, your education, or other parts of your life.
One of the first questions you may have is whether facing your first charge gives you another way to resolve the case.
For some people charged with an eligible offense, New Jersey's conditional dismissal program can provide a path toward having the case dismissed without ultimately receiving a conviction in that case.
I am Lauren Scardella, Esq., and when I review a first-time Municipal Court case, I look at the exact charge, the person's prior history, the evidence, and the available options to determine whether conditional dismissal is one of the resolutions that should be considered.
What Is Conditional Dismissal in New Jersey?
Conditional dismissal is a New Jersey Municipal Court diversionary program available to certain defendants facing eligible lower-level charges.
Rather than immediately entering a judgment of conviction, the court can approve an eligible person for a period of monitoring and impose appropriate conditions. If you successfully complete the program and satisfy the court's requirements, the proceedings can ultimately be dismissed.
The timing of the application matters.
You generally apply for conditional dismissal after pleading guilty or being found guilty, but before the court formally enters a judgment of conviction. Before applying, you must also complete fingerprint identification so the prosecutor can verify your criminal history.
That means conditional dismissal should not be treated as something to accept automatically simply because it appears to offer a way to avoid a conviction.
Before you decide whether to pursue conditional dismissal, you should understand the evidence against you, any defenses or legal issues that may affect the charge, and what entering the program would require.
Does a First Charge Automatically Qualify You for Conditional Dismissal?
No.
Having no prior criminal, disorderly persons, or petty disorderly persons convictions is an important part of eligibility, but it is not the only requirement.
Under New Jersey law, conditional dismissal is generally available only if you have not previously been convicted of a crime, disorderly persons offense, or petty disorderly persons offense and have not previously participated in certain diversionary programs.
The court also looks beyond your prior history. It can consider what happened, your age, character, motivation and attitude, how the alleged conduct affected the victim and the community, whether the conduct appears to reflect an ongoing pattern, and whether diversion would be appropriate under the circumstances.
The municipal prosecutor can also make a recommendation regarding your admission.
You should not assume that a first charge automatically means you will receive conditional dismissal. The court still has to determine that you meet the statutory requirements and that admission is appropriate based on the circumstances of the case.
Are All Disorderly Persons Offenses Eligible for Conditional Dismissal?
No. New Jersey law excludes several categories of offenses from conditional dismissal.
For example, conditional dismissal is unavailable for certain offenses involving domestic violence, impaired driving, animal cruelty, criminal activity connected to an organized group or gang, misconduct by someone serving in a public office or public-sector position involving misuse of that position, or offenses against an elderly person, a person with a disability, or a minor.
Drug-related disorderly persons offenses under Chapters 35 and 36 of New Jersey's criminal code are also excluded from conditional dismissal. A different diversionary program known as conditional discharge can potentially apply to certain eligible drug offenses.
This is why both the exact charge and the circumstances surrounding it matter.
Two people who are each facing a first charge can have very different diversion options depending on what they were charged with and what the State alleges occurred.
What Happens If the Court Approves Conditional Dismissal?
If the court approves your participation, it can withhold entry of a judgment of conviction and place you under probation monitoring for one year.
Financial obligations can also apply. These can include the conditional-dismissal application fee and, where appropriate, restitution, costs, and other required assessments.
Admission into the program does not end the case immediately.
During the conditional-dismissal period, you must comply with the conditions imposed by the court. A new conviction for a crime or another disorderly persons or petty disorderly persons offense, as well as another violation of the program's conditions, can cause the original case to end in a formal conviction and can lead to any financial sanction or assessment permitted by law based on the earlier guilty plea or finding of guilt.
If you complete the conditional-dismissal period, avoid any disqualifying new conviction, and meet the court's requirements, the case can ultimately be dismissed.
Before entering the program, you should understand exactly what conditions apply and what could happen if those conditions are not completed.
Does Conditional Dismissal Erase the Case From Your Record?
Not automatically.
This distinction is easy to miss.
A successful conditional dismissal is not treated as a conviction for certain legal purposes, and avoiding a judgment of conviction can be an important benefit. But the fact that the case was dismissed through the program does not mean every record connected with the arrest or charge simply disappears.
New Jersey also keeps information about a conditional dismissal in the State Bureau of Identification's criminal-history records so that prior participation can be considered when future diversion eligibility is evaluated.
Expungement is a separate process. Under current New Jersey law, a person whose charge was dismissed through conditional dismissal generally must wait six months after the order of dismissal before seeking expungement of the arrest and charge records under the applicable statute.
So if you are concerned about what records will remain after the case is dismissed, you should not assume that successful completion of conditional dismissal automatically erases them. Whether and when those records can be expunged should be evaluated separately.
Is Conditional Dismissal Always the Best Option?
Not necessarily.
Conditional dismissal can be an important option in some first-charge cases, but eligibility does not mean it is automatically the best resolution.
Remember that an application for conditional dismissal generally comes after a guilty plea or finding of guilt. Before you plead guilty simply to pursue the program, the evidence and available defenses should be reviewed carefully.
Were there witnesses? Is there surveillance or body-camera footage? Are statements being attributed to you? Does the evidence actually establish every element the State would need to prove?
When I review a case at The Scardella Law Firm LLC, I look at those issues before advising a client about whether conditional dismissal should be pursued. Depending on the circumstances, there may be defenses, evidentiary issues, or a negotiated resolution that should be considered before deciding whether conditional dismissal is the right path.
The goal is not simply to get into a diversionary program. It is to understand your options and make an informed decision about how to resolve the charge.
Could Conditional Dismissal Be an Option in Your New Jersey Case?
If you are facing your first disorderly persons charge, you should not decide whether to pursue conditional dismissal simply because you appear eligible for the program.
Before you make that decision, the charge, your prior history, the evidence, and any other available resolution should be considered together.
At The Scardella Law Firm LLC in Hamilton, New Jersey, I work with clients facing Municipal Court and criminal matters throughout Mercer, Middlesex, Burlington, and Ocean Counties. I can review the complaint and available evidence, assess whether you appear to meet the eligibility requirements for conditional dismissal, and explain how that option compares with other ways the case may be resolved.
If you want to understand whether conditional dismissal may be an option in your case, you can use my contact form to schedule a consultation.
Disclaimer: Results may vary depending on your particular facts and legal circumstances. The articles on this blog are for informational purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact the law firm directly.