In July 2011 I was pulled over and arrested on suspicion of possession of an illegal narcotic. I refused to allow the police to search my vehicle, so they towed it and impounded it. I was released that night with 2 charges; one for possession of a fake ID (fourth degree), one for possession of a controlled substance (disorderly persons), as well as 4 tickets. Later that month I was informed through the mail that I am being charged with possession of drug paraphernalia as well. My court date was pushed back 3 times, and I finally went to trial with a lawyer in October 2011.
The plea bargain combined all my charges into one disorderly persons charge, I had to pay $800 worth of fines and was told that I will be placed on a Pre-Trial Intervention Program (this may be specific to the state of New Jersey) for six months and will be contacted by a probation officer. My lawyer said that after completing the six months of probation I would be eligible to have the case expunged six months after that (which would be October 2012)
Fast forward to August 2012, where I received a court summons in the mail in the same town I was arrested in. I informed my lawyer of it, and he assured me that everything was okay and the expungement had went through. He said it had all been taken care of and there was no need to even show up to the court case. At this point in time I still had not been contacted by a probation officer as the judge said I would be.
Then, in October 2012 I received a letter in the mail stating that I am required to show up to my first day of probation on November 19th. After informing my lawyer of this, he said I will most likely be required to complete it but he will try to work something out. He had his so-called "expungement expert" contact the municipal office to have this settled. After the "expungement expert" dealt with them, I was informed by him that I am indeed required to have probation for 3 months.
My question is, is it worth seeking another lawyer to attempt to put this expungement through? The Statute of Limitations for a disorderly persons charge in New Jersey is one year. Can they place me on probation past the Statute of Limitations?