Conditional Dismissal is New Jersey’s diversionary program for disorderly persons and petty disorderly persons offenses — the lower-level charges handled in municipal court rather than Superior Court. If you are a first-time defendant facing a disorderly persons charge, Conditional Dismissal may allow you to complete a one-year supervisory period and have the charges dismissed, keeping a conviction off your record.
What Is Conditional Dismissal?
Conditional Dismissal was created by N.J.S.A. 2C:43-13.1 and became effective in 2014. It provides first-time defendants charged with disorderly persons or petty disorderly persons offenses — charges that carry up to 6 months in jail and a criminal record — an opportunity to avoid conviction through a period of supervised probation.
After you enroll in Conditional Dismissal, the case is stayed for one year. If you comply with all conditions during that year, the charges are dismissed at the end of the program. No conviction. No criminal record for that offense.
Who Is Eligible for Conditional Dismissal?
To be eligible for Conditional Dismissal, a defendant must generally meet these requirements:
- The charge is a disorderly persons offense or petty disorderly persons offense (handled in municipal court)
- No prior convictions for any criminal offense (indictable or disorderly persons) under New Jersey law
- Has not previously been granted Conditional Dismissal, PTI, or Conditional Discharge
- The defendant pleads guilty to the charge as part of enrollment (in some municipalities)
Conditional Dismissal is not available for certain charges including domestic violence offenses, DWI, certain drug distribution offenses, and offenses against public officials.
Common Charges Handled Through Conditional Dismissal
Conditional Dismissal is frequently used for:
- Simple assault (disorderly persons)
- Harassment
- Shoplifting (under $200)
- Possession of marijuana paraphernalia
- Disorderly conduct
- Criminal mischief (under threshold)
- Trespassing
How Is Conditional Dismissal Different from Conditional Discharge?
The key difference is the level of offense and the court where the case is heard:
- Conditional Discharge — for drug possession charges handled in Superior Court (indictable offenses)
- Conditional Dismissal — for disorderly persons charges handled in municipal court
Both programs result in dismissal of charges upon successful completion. Both require no prior criminal record. Both leave a record of the arrest that can typically be expunged after a waiting period following completion.
What Are the Conditions During the Program?
Conditional Dismissal is supervised by the municipal court probation office. Conditions typically include:
- Regular check-ins with a municipal court probation officer
- Payment of court costs and supervision fees
- Community service (in some cases)
- Drug or alcohol counseling (if applicable to the offense)
- No new criminal charges during the one-year period
The supervision is generally less intensive than Superior Court probation, and the program is designed to be completed without significant disruption to daily life. However, any new offense during the Conditional Dismissal period can result in revocation and reinstatement of the original charges.
What Happens After the Program Ends?
If you successfully complete the one-year Conditional Dismissal period, the municipal court judge dismisses the charges. You are not convicted. After a waiting period (typically 6 months from completion), you may apply to expunge the arrest record. After expungement, you generally do not need to disclose the arrest or charge on employment, housing, or licensing applications.
Conditional Dismissal in Hunterdon County Municipal Courts
Conditional Dismissal is available in municipal courts throughout Hunterdon County, including the Flemington Municipal Court, Clinton Township Municipal Court, Readington Township Municipal Court, Lambertville Municipal Court, and all other Hunterdon County municipal courts. The availability and specific procedures vary somewhat by municipality.
Jenna Casper Bloom appears regularly in Hunterdon County municipal courts and can evaluate whether your charge qualifies for Conditional Dismissal, guide you through the enrollment process, and represent you through the completion of the program. For many first-time defendants, Conditional Dismissal is the fastest and cleanest path to keeping their record clean.
