Ending Without A Conviction
N.J.S.A. 2C:43-12 — pretrial intervention once, before trial, and the charges dismissed at the end
In New Jersey, pretrial intervention lets an applicant receive supervisory treatment in place of ordinary prosecution. At any time before trial but after a complaint, accusation or indictment, with the prosecutor's consent and on the program director's written recommendation, the assignment judge or a designated judge may postpone all further proceedings and refer the applicant to a program the Supreme Court has approved.
Who is admitted. Admission is measured by the applicant's amenability to correction, responsiveness to rehabilitation and the nature of the offense, and the prosecutor and program director weigh listed criteria, from the facts of the case and the victim's wishes to the applicant's record. There is a presumption against admission for a public officer or employee whose offense touched the office, and for listed domestic violence charges. A decision is put in writing with its reasons, and a denial may be challenged by motion before the designated judge.
Once only, and sometimes on a guilty plea. Supervisory treatment may occur only once, and not after a conditional discharge, a conditional dismissal, or a dismissal through the Veterans Diversion Program or the Mental Health Diversion Program. It is available whether or not the defendant contests guilt, except that a defendant charged with a first or second degree crime, or in the other listed situations, is admitted only on a plea of guilty, which is held inactive and the charges dismissed on successful completion.
| The term | What the section says |
|---|---|
| The termThe agreement | What the section saysIn writing, signed by the prosecutor and the participant, and by defense counsel if there is one |
| The termThe length | What the section saysSet by the judge, not to exceed three years, and it may be shortened |
| The termThe fee | What the section says$75 to apply, with a waiver for poverty or payment by installment |
| The termWhat is said in treatment | What the section saysNot disclosed to the prosecutor on the charge, and not admitted as evidence against the participant |
| The termThe end | What the section saysOn completion, and with the prosecutor's consent, the complaint, indictment or accusation may be dismissed with prejudice |
| The termA violation | What the section saysAfter a summary hearing, the participant may be dismissed from the program and the charges reactivated |
Conditional dismissal, for a first offense. A defendant never before convicted of any offense, and never in another of these programs, who is charged with a disorderly persons or petty disorderly persons offense may apply, after a plea of guilty or a finding of guilt but before a judgment of conviction, for the conditional dismissal program, after fingerprinting. It is not open where the offense involved organized criminal or gang activity, a continuing criminal business, a public officer's breach of the public trust, domestic violence, an elderly, disabled or minor person, driving under the influence, animal cruelty, or the drug and paraphernalia offenses, which have their own conditional discharge.
The conditional discharge for drug offenses, the Veterans and Mental Health Diversion Programs, and expungement after a dismissal are not on this page. Whether a particular charge qualifies is a question for a licensed New Jersey attorney.
Sources for this section (3)
- N.J.S.A. 2C:43-12 — Supervisory treatment - pretrial intervention
- N.J.S.A. 2C:43-13 — Supervisory treatment procedure
- N.J.S.A. 2C:43-13.1 — Eligibility, application
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.