New Jersey’s Marijuana Expungement Milestone: A New Chapter for Justice

Since the enactment of New Jersey’s Marijuana Decriminalization Law on July 1, 2021, the state has made remarkable strides in addressing the lingering consequences of cannabis-related offenses. Over 362,000 marijuana and hashish cases have been expunged from court records, marking a significant step toward restorative justice and reducing the stigma associated with prior offenses.

The Automatic Expungement Process

New Jersey’s judiciary implemented an automatic expungement process that eliminates the need for individuals to take any action to clear their records. Eligible cases are removed from public records, freeing individuals from the obligation to disclose these offenses on applications for employment, housing, or education. This initiative not only reduces barriers to opportunities but also provides a clean slate for those affected by past cannabis-related convictions.

Impact Beyond Expungement

In addition to the expungement of records, more than 1,200 individuals have been released from probation following the clearing of their cases. The expunged offenses include certain marijuana or hashish charges, either alone or in combination with related offenses such as:

• Possession of drug paraphernalia.

• Use or being under the influence of a controlled dangerous substance.

• Failure to make lawful disposition of a controlled dangerous substance.

These measures reflect New Jersey’s commitment to addressing the collateral consequences of outdated cannabis laws.

Certifications and Judicial Review

For individuals seeking confirmation of their expunged status, certifications can be obtained from the court where their case was originally heard or from the Superior Court Clerk’s Office in Trenton. To date, the judiciary has issued more than 2,800 such certifications, providing individuals with tangible proof of their clean records.

However, for those whose cases have not been expunged but believe they qualify, the law allows for the filing of a motion for judicial review. This process ensures that no eligible individual is left behind in the effort to rectify past injustices.

Public Awareness Campaign

To maximize the reach and impact of the Marijuana Decriminalization Law, the New Jersey Courts have launched an awareness campaign. This initiative aims to inform the public about the automatic expungement process and the opportunities available under the new law. By increasing awareness, the state hopes to ensure that all eligible individuals benefit from these reforms.

Conclusion

The expungement of over 362,000 cannabis-related cases in New Jersey is a landmark achievement in the ongoing effort to address the consequences of outdated drug policies. By providing a pathway to a fresh start, the state is empowering individuals to move forward without the burden of past offenses. With continued public awareness and support, New Jersey’s approach could serve as a model for other states pursuing similar reforms.

References:

• New Jersey Courts. “Marijuana Record Expungement.” NJ Courts Website.

• New Jersey Courts Press Release, September 16, 2021. NJ Courts PDF.