Defense attorneys should be aware that an application for a conditional discharge, a conditional dismissal or pretrial intervention (PTI) in Superior Court is a once-in-a-lifetime opportunity. New Jersey defendants are entitled to only one diversion from the criminal justice system.

Using a diversionary program usually provides the defendant with a positive result in his case. Upon completion of the term of the diversion, completion of community services or other conditions imposed by the court and upon payment of all court fees, the charges are dismissed. Six months thereafter, the defendant can seek an expungement of the arrest and related charges.