Last reviewed . Law current as of October 2026.
PTI is New Jersey's main diversion program for indictable charges. If admitted, you are supervised for 6 months to 3 years, and the charges are dismissed when you finish. Admission requires the consent of the prosecutor and the court, and you generally can use diversion only once (N.J.S.A. 2C:43-12, R. 3:28).
Key takeaways
- PTI is diversion in Superior Court: complete supervision and the charges are dismissed.
- Admission needs the criminal division manager's recommendation, the prosecutor's consent, and a judge's order.
- A rejection can be challenged by motion within 10 days (R. 3:28-6(a)).
What is PTI and who qualifies?
| Topic | Rule |
|---|---|
| Who | Mainly people with no prior conviction charged with indictable offenses |
| Prior diversion | Generally bars admission (PTI, conditional discharge, or conditional dismissal) |
| First- or second-degree charges | Admission only with a guilty plea, held inactive and dismissed if you complete PTI (2C:43-12(g)(3)) |
| Prior first- or second-degree conviction | Any new charge requires a guilty plea for admission |
| Domestic violence | Guilty plea required for third- or fourth-degree DV crimes, and for DV disorderly persons offenses committed while a TRO or FRO was in place |
| Deadline | As early as possible, and no later than the Initial Case Disposition Conference unless there is good cause or the prosecutor consents (R. 3:28-2) |
| Review time | Criminal division manager recommends within 25 days; prosecutor decides within 14 days after that (R. 3:28-3) |
| Fee | $75 |
| Supervision | 6 months to 3 years |
| Who decides | Criminal division manager recommends; prosecutor consents; judge orders admission |
| If rejected | You can appeal by motion to the court, generally within 10 days |
How do I apply for PTI, and what if I'm rejected?
- Apply as early as possible, ideally before indictment. Under Rule 3:28-2, the deadline is the Initial Case Disposition Conference unless there is good cause or the prosecutor consents.
- Complete the court's PTI application and pay the fee (or request a waiver).
- Gather supporting materials: employment, school, treatment, community ties, letters.
- Your lawyer can submit a statement addressing the statutory factors.
- If admitted, follow every condition: reporting, testing, community service, restitution.
Conditional discharge vs PTI vs conditional dismissal: which fits me?
For municipal court charges, see conditional dismissal; for first-time disorderly persons drug charges, see conditional discharge. The pillar page compares all four programs: indictable crimes.
Related guides
- Degrees of crimes
New Jersey's first- through fourth-degree crimes compared: prison ranges, maximum fines, presumptions of incarceration and non-incarceration, NERA, and the Graves Act.
- Detention hearings
How New Jersey detention hearings work under Criminal Justice Reform: when they happen, the Public Safety Assessment, the clear and convincing standard, and the 90/180-day deadlines.
- Grand jury and indictment
How New Jersey grand juries work: who presents, what the jurors decide, waiving indictment, and what happens after an indictment is returned.
- Shoplifting (2C:20-11)
What counts as shoplifting under N.J.S.A. 2C:20-11, how value sets the grade, the concealment presumption, store detention, and mandatory community service.
- Unlawful gun possession and the Graves Act
How N.J.S.A. 2C:39-5 grades unlawful possession of handguns, rifles and other weapons, the Graves Act mandatory minimum under 2C:43-6(c), and the 2C:43-6.2 waiver.
- Eluding police (2C:29-2(b))
Eluding under N.J.S.A. 2C:29-2(b): when it is third or second degree, the traffic-violation inference, the 6-month to 2-year license suspension, and resisting arrest.
Frequently asked questions
Does PTI show on my record?
The charges are dismissed when you complete PTI, and dismissed charges can generally be expunged. PTI participation is kept in a registry so it can be used only once.
Can I get PTI twice in New Jersey?
Generally no. Prior participation in PTI, conditional discharge, or conditional dismissal usually disqualifies you.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.