State v. Dylag

BERMAN, J.S.C.

“Only painters and lawyers can change white to black.” Rufus Choate.

Defendant has charted a most unusual and nimble course in his quest to expunge a municipal court conviction. The issue he raises by that singularly unique path, based on the submissions of counsel, further appears to be res nova: may an individual obtain the benefits of a conditional discharge at the municipal level, vacate it thirteen years later when it becomes an impediment to pretrial intervention (hereinafter referred to as “PTI”) at the indictable level, and then expunge sequentially the indictable arrest…