Can I get PTI (a/k/a Pre Trial Intervention)

Posted on May 13, 2009 by Tom Martin

Pre Trial Intervention or P.T.I. is a program that allows certain defendants charged with crimes and/or felonies to be diverted into a special supervisory program ranging from one to three years in length. If they apply and are accepted by the criminal case manager and prosecutor, then they are admitted into the PTI program. Even if they are not accepted by the aforementioned parties, the defendant can still file an appeal with a Judge in order to try and be admitted into PTI. The great strength of PTI is that if a person successfully completes PTI, they will not have a criminal record. Six months after the completion of PTI, a person can file an application to have his or her record of arrest and entry into PTI expunged. Now more than ever, people are being permitted to apply to PTI.

For example, in a recently decided case involving limitations on applying to PTI, titled State v. Green  the Appellate Division ruled that It was error for the Criminal Division manager to refuse to allow a defendant an opportunity to submit an application for entry into the pretrial intervention program

The Court ruled that pursuant to NJRE 3:28 and the PTI guidelines, a defendant shall be permitted to apply for PTI. This is true even where the application is unlikely to be granted due to the prosecutor's opposition. Prior to this case, it was always the belief that a defendant had to have the express consent of the prosecutor to be able to be permitted to apply to PTI where the charges were a second degree offense or greater. This will allow many people to apply to PTI who were previously barred from doing so. If you have any questions regarding this or any case, please contact the writer via here or his website of www.jerseycriminallawyer.com.
Tags: , , ,

How Do I Expunge (Clear) My Criminal Record?

Posted on May 13, 2008 by Tom Martin

The answer to this question is to have an attorney file an Expungement under N.J.S.A. 2C:52-1 et seq. with the Superior Court of New Jersey. The most common need for an expungement occurs because a person wants to pass a background check when they seek employment. People expunge ther records so that potential employers will not find out about a past arrest, entry into a Pre Trial Intervention Program, conditional discharge or conviction of a disorderly persons offense, petty disorderly persons offense, crime or municipal ordinance. An expungement is defined as... 

"the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system."  N.J.S.A. 2C:52-1(a)

What Documents Would Be Isolated or Extracted?

Typically, the records that would be expunged include warrants, arrests, commitments, processing records, complaints, fingerprints, photographs (mug shots), index cards, "rap sheets" and judicial docket records. N.J.S.A. 2C:52-1(b).

What Is The Effect of An Expungement?

With certain limited exceptions, "if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the Petitioner (person who sought the Expungement) may answer any questions related to their occurence accordingly." N.J.S.A. 2C:52-27

How Long Do I Have To Wait Before I Can Have My Record Expunged?

Depending upon what you are trying to expunge, you must wait certain statutorily mandated time periods before you can move for the expungement.. They are as follows:

Crime:    Ten (10) years since your conviction or when your sentence was completed; whichever is later. For example, if  you were sentenced to two years probation for a crime, you would have to wait twelve (12) years for the expungment (two (2) years of probation would complete your sentence + the ten (10) year waiting period).

Disorderly Persons & Petty Disorderly Persons Offenses: Five (5) years since your conviction or whenever your sentence was completed; whichever is greater.

Municipal Ordinance Violation: Two (2) years since your conviction or whenever your sentence was completed; whichever is greater.

Arrests Not Resulting in Conviction:

     If P.T.I., six (6) months after the dismissal;

     If a Condtional Discharge, six (6) months after the dismissal;

     Lastly, any person who has been arrested for a crime, disorderly persons offense or petty disorderly offense, or municipal ordinance violation, and who was discharged without a conviction; may apply for an expungement at any point following the resolution of the proceedings. N.J.S.A. 2C:52-6(2).

  

Tags: , , , , , , , , , , , , ,