Marijuana Expungements in New Jersey
Clearing a Marijuana or Hashish Record Under New Jersey Law
New Jersey’s legalization and decriminalization of marijuana brought significant changes to the way certain older marijuana and hashish cases are treated. One of the most important changes involves criminal records. Conduct that resulted in an arrest, charge, or conviction years ago may now fall within laws specifically designed to clear qualifying marijuana-related cases.
The rules are not identical for every marijuana offense. Some cases were designated for expungement automatically, while others may qualify through a separate petition process. Still other cases must be evaluated under New Jersey’s general expungement statutes.
For that reason, the first question is not simply whether a case involved marijuana. The particular offense, the statute charged, the amount involved, the disposition of the case, and the presence of other charges can determine which form of relief is available. The expungement attorneys at The Tormey Law Firm review old marijuana and hashish records for clients in Hackensack, throughout Bergen County, and across New Jersey. Call (201)-330-4979 for a free consultation.
How Do Automatic Marijuana Expungements Work in New Jersey?
New Jersey created an unusually broad form of relief for certain marijuana and hashish cases through N.J.S.A. 2C:52-6.1. Instead of requiring every affected person to prepare and file an individual expungement petition, the statute provides for specified cases to be expunged by operation of law.
The automatic-expungement provisions cover qualifying cases involving certain former marijuana and hashish offenses, including designated possession and lower-level distribution offenses. They can also apply to certain cases involving related drug-paraphernalia, use or being-under-the-influence, and failure-to-make-lawful-disposition offenses when they appear in the combinations permitted by law.
This distinction matters because a person with a qualifying case may not need to pursue the same traditional expungement procedure that would ordinarily be required to clear a criminal conviction.
Which Marijuana Cases Were Included in Automatic Expungement?
Among the offenses specifically identified for automatic treatment are qualifying cases involving:
- N.J.S.A. 2C:35-5(b)(12), involving distribution or possession with intent to distribute marijuana in an amount of less than one ounce, or hashish in an amount of less than five grams;
- Former N.J.S.A. 2C:35-10(a)(3), involving possession of more than 50 grams of marijuana or more than five grams of hashish; and
- Former N.J.S.A. 2C:35-10(a)(4), involving possession of 50 grams or less of marijuana or five grams or less of hashish.
Certain combinations with offenses such as possession of drug paraphernalia under N.J.S.A. 2C:36-2, use or being under the influence under N.J.S.A. 2C:35-10(b), and failure to make lawful disposition under N.J.S.A. 2C:35-10(c) are also included when the statutory requirements are met.
Attempts and conspiracies involving qualifying offenses may likewise fall within the relief implemented by the courts.
Importantly, the presence of marijuana somewhere in a criminal case does not necessarily make the entire case eligible for automatic expungement. A case containing another charge outside the offenses covered by the law may require a different analysis.
How Can You Find Out Whether an Old Marijuana Case Was Actually Expunged?
Because eligible cases were processed through the court system, a person may be uncertain about the present status of a case that occurred years ago.
The New Jersey Judiciary provides a procedure for individuals to confirm whether a qualifying case was expunged and to obtain certification of the expungement. Confirmation may be obtained through the court where the case was heard or through the Superior Court Clerk’s Office.
This can be an important step for someone who does not have the original paperwork, has encountered an unexpected issue involving an old record, or simply wants documentation establishing that the case was cleared.
If a person believes a case qualified for the marijuana expungement process but was not cleared, New Jersey Courts also provides a procedure for seeking judicial review.
Marijuana Distribution Cases Can Require a Different Analysis
Not every distribution conviction falls within the automatic-expungement category.
New Jersey has a separate marijuana-specific expungement provision, N.J.S.A. 2C:52-5.1, that can apply to certain marijuana or hashish distribution and possession-with-intent-to-distribute cases.
Current law provides a specific avenue for offenses under N.J.S.A. 2C:35-5(b)(11). A person with a qualifying offense under that subsection may petition for expungement after three years have elapsed from the latest of the events identified by the statute, which can include:
- The most recent conviction;
- Satisfaction of applicable court-ordered financial assessments;
- Completion of probation or parole;
- Release from incarceration; or
- Discharge from legal custody or supervision.
The statute also contains provisions addressing certain unpaid financial assessments. As a result, an outstanding balance should be examined under the statute rather than automatically assuming that it makes expungement impossible.
What If the Marijuana Case Included Other Criminal Charges?
This is where reviewing the actual criminal history becomes particularly important.
The special marijuana laws do not convert every case containing a marijuana offense into an automatically expunged case. An arrest may have involved several counts, and those counts may be treated differently under the expungement statutes.
For example, a marijuana charge may qualify for special treatment while another offense arising from the same case does not fall within the automatic marijuana provisions. Depending on the record, the individual may instead need to determine whether the remaining matter qualifies under New Jersey’s regular expungement laws or another form of expungement relief, such as:
- Expungement of a disorderly persons offense
- Expungement of indictable charges
- Expungement of PTI or conditional discharge
- Expungement for young drug offenders
The original complaint, judgment of conviction, disposition, and criminal-history record can help identify exactly what was charged and how the matter ultimately ended.
Why Might a Marijuana Case Still Appear to Be a Problem?
A person may remember being arrested for marijuana and assume that legalization itself erased the record. That is not the best way to evaluate an old case.
Legalization, automatic expungement, and traditional expungement are related developments, but they are not interchangeable concepts. The legal effect on a particular record depends upon the offense and the manner in which the case was resolved.
Someone encountering an old marijuana matter should therefore determine whether the case was within the category expunged by operation of law, whether a marijuana-specific petition is available, or whether another expungement provision applies.
What Does a Marijuana Expungement Mean for Your Record?
When a qualifying marijuana or hashish case has been expunged, it is removed from the court’s public record and generally does not have to be disclosed in ordinary applications for employment, housing, or college admission.
New Jersey’s expungement laws nevertheless contain exceptions governing access to and use of expunged information in particular circumstances. An expungement should therefore be understood according to the protections and exceptions established by statute rather than as the literal destruction of every piece of information that ever existed concerning the case.
Frequently Asked Questions About Marijuana Expungement in New Jersey
Did legalization automatically erase my old marijuana record?
Not necessarily. Legalization and expungement are separate concepts. Certain qualifying marijuana and hashish cases were expunged by operation of law under N.J.S.A. 2C:52-6.1, but other cases may require a petition or must be evaluated under New Jersey’s general expungement laws.
How do I confirm that my marijuana case was expunged?
The New Jersey Judiciary allows individuals to confirm whether a qualifying case was expunged and to obtain certification of the expungement through the court where the case was heard or through the Superior Court Clerk’s Office.
Can a marijuana distribution conviction be expunged?
Some can. Qualifying cases under N.J.S.A. 2C:35-5(b)(12) were included in automatic expungement, and offenses under N.J.S.A. 2C:35-5(b)(11) may be cleared by petition under N.J.S.A. 2C:52-5.1 after three years have elapsed from the latest of the events identified by the statute.
What if my marijuana arrest included other charges?
Each count may be treated differently. A marijuana charge may qualify for special treatment while another charge from the same case must be evaluated under New Jersey’s regular expungement laws.
Contact Our Bergen County Firm to Review an Old Marijuana Record
The changes to New Jersey marijuana law created substantial relief for people carrying records based on conduct that the State later decriminalized or legalized. They also created several different paths for clearing marijuana-related records.
Determining which expungement provision applies requires examining the specific offense charged, the statute involved, and the ultimate disposition of the case. From there, it can be determined whether the matter should already have been expunged by operation of law, qualifies for relief under the marijuana-specific expungement statute, or should be considered under another provision of New Jersey’s expungement laws.
The attorneys at The Tormey Law Firm assist clients with marijuana expungements and other criminal-record expungement matters throughout New Jersey. Our attorneys can review an old marijuana or hashish case, determine the type of expungement relief that may apply, address questions concerning whether an eligible matter has already been cleared, and pursue an expungement application when a filing is required.
To discuss a New Jersey marijuana or hashish record and the options that may be available for clearing it, call (201)-330-4979 or fill out our online contact form. Consultations are always provided free of charge.
