Legal Question in Criminal Law in New Jersey

Conditional Discharge & Criminal Record Question

8 years ago I was arrested on the beach in Sea Bright with my then girlfriend, now wife for supposedly smoking pot. The officers snuck up on us while we were on the beach and proceeded to light us up with flashlights and ask us what we were doing there. They started searching us and going through our pockets and one of them conveniently found a very tiny end of a joint. It was not ours, the only thing I was smoking that night were Winston's (bad habit I know) so they handcuff us and take us in, process us and send us on our way in half an hour.

We sought an attorney who after reading the arrest record wanted to take this to trial as he said this was BS and he could get us out of it. He did say there was a chance (as there always is) of being found guilty, to avoid that I took the option of PTI that he had also explained to me by him asking for a conditional discharge for me. It was granted and I paid the fine and it was all over and done with.

My question is in New Jersey this is a class C misdemeanor for disorderly person. Will there be an arrest record or a criminal record on me for this? I'm assuming at least an arrest record but wanted to know if I'm right, if so how do I obtain a notorized copy of the record?


Asked on 6/21/05, 4:20 pm

2 Answers from Attorneys
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Conditional Discharge & Criminal Record Question

The conditional discharge means that you do not have any record for a criminal conviction - the charges were just dismissed once you completed the program. As to having an arrest record, this probably does still exist. You need to contact the police at the town where you were arrested and ask them to give you a printout of your criminal history. If they won't give it to you, ask them who you can order it from.

Sincerely yours, -Ronald Aronds, Esq.

www.njworkerscompensationlaw.com

Read more
Answered on 6/22/05, 4:51 am
Lavinia Mears Law Offices of Lavinia Lee Mears

Re: Conditional Discharge & Criminal Record Question

Currently, you do not have a criminal conviction since you completed PTI successfully. There is a record of your arrest and PTI acceptance on your criminal record also known as a "rap sheet." You may be eligible for an "expungement" which will allow you to apply to the court to clear the record of your arrest and PTI acceptance. I regularly file expungements on behalf of my clients. If you contact me, I can tell you if you are eligible for an expungement and what the process entails. You may reach me at 908-486-3181. Regards, Lee Mears, Esq.

Read more
Answered on 6/22/05, 8:39 am


Related Questions & Answers

More Criminal Law questions and answers in New Jersey