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NJ Conditional Discharge - Expungement Required?

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GottaGo

Member
State = NJ
hello. My husband was charged with possession of marijuana in 2008. He was granted a conditional discharge and successfully completed the terms of the probation. This week we found out that the New Jersey Board of fire, burglar alarm and locksmith etc. has been trying to reach him at an old address for two years. They are now inquiring about the charge and want to know its status.
Because of the conditional discharge I am not sure how to answer this.

Should he say that the charges have been dropped?

Furthermore, Will this charge still show on his record when a criminal background search is done? And if yes, should he then be filing a petition to get it expunged?
Thank you for your help.What is the name of your state (only U.S. law)?
 


HighwayMan

Super Secret Senior Member
...the New Jersey Board of fire, burglar alarm and locksmith etc. has been trying to reach him at an old address for two years. They are now inquiring about the charge and want to know its status.

What business is it of theirs? How is your husband affiliated with them?
 

GottaGo

Member
He has a burglar/fire alarm license. The board was notified of the charges and put his license on suspension as a result, pending a response to their inquiry and a committee review. NJ state is beginning to fine installers without license so this is something to be resolved expeditiously.
 

HighwayMan

Super Secret Senior Member
Found this explanation for NJ. Take it with a grain of salt. You may want to get in touch with the court to confirm...

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The Conditional Discharge (CD) is a form of Pre-Trial Intervention, created specifically for simple marijuana offenses in New Jersey.

When you receive a conditional discharge, it means that you have agreed to get placed on probation for up to one year or more, and have agreed to pay harsh fines (greater than $700 typically) -- in return for the State dropping the drug charge at the end of the probation period and, if successfully completed, ultimately having no criminal record.

If you successfully complete the probation period to the satisfaction of the probation officer, the Court will drop the original charges and your record will remain clean and free of drug charges.

NOTE: Like a get-out-of-jail-free card in Monopoly, you can only participate in the Conditional Discharge program once. After you use it, it can never be used again.

Many people find the Conditional Discharge program a more palatable outcome than being found guilty of marijuana possession since the Conditional Discharge will not result in loss of a New Jersey driver's license nor will it result in a criminal record. However, the conditional discharge should be utilized as a last resort when other defenses are not available, as the conditional discharge is an uncomfortable process and will substantially interfere with one's lifestyle.
 

HighwayMan

Super Secret Senior Member
And this...


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When probation is successfully completed, the marijuana charges are dismissed. After a short waiting period, the New Jersey arrest record can then be expunged. After expungement, the fact that the person was even charged with an offense involving marijuana will not appear on public record searches.
 

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