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Now that I am off PTI and the charges are dismissed, is the guilty plea I made in order to get into PTI automatically vacated?

New Brunswick, NJ |

Last year I was admitted to pre-trial intervention (PTI) for NJ. The prosecutor required me to plead guilty to 4th degree attempted possession of marijuana above 50 grams in order to get into the program. Having completed the program successfully, is the plea vacated as my one attorney led me to believe would be the case? The reason I ask is because my current attorney is unsure.

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Attorney answers 5

Best Answer
Posted

Yes. Once you complete pti the court should issue a dismissal order. The charges and any plea are dismissed. Six months from the date of that order you can expunge the records so the record of the arrest is gone from your criminal history.

Asker

Posted

Would I still have to disclose my plea of guilty to employers/agencies that ask if I have ever pled guilty to a crime?

Eric M. Mark

Eric M. Mark

Posted

No, you would not.

Posted

Bottom line is that you should now have the records of your arrest, plea, and PTI dismissal all removed from public view through an expungement. That is the only mechanism at this point to have the entire event removed from your record. You must wait 6 months after the PTI dismissal before an expungement petition can be filed.

Posted

Yes, the plea goes away when you successfully complete PTI and the charges are dismissed.

Posted

Unfortunately, IMO it depends. If you are a foreign national, the guilty plea and allocuation stand as is. ICE could obtain the transcript and move forward. If you are a USC, no sweat.

see www.njcrimmigration.com

Posted

If you completed PTI no conviction was ever entered. But the statement you made is a court record and is not "vacated", the plea is vacated and the case is dismissed. As one of my colleagues indicates the INS uses these statements against people. On the other hand the admission is not used to support any charge since the case has been dismissed. You can petition to expunge the arrest six months after the dismissal. The expungement takes about 8 weeks but the figure 8 weeks more for the state police to take down all entries. The PTI stays on the Court's books to make sure only one is ever issued.

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