New Jersey is one of 24 states, and three U.S. territories that have legalized recreational marijuana use. Gov. Phil Murphy signed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act into law, legalizing cannabis use and marijuana possession for adults 21 years and older and decriminalizing marijuana and hashish possession.
When the marijuana decriminalization law took effect on July 1, 2021, it required the expungement of certain marijuana and hashish convictions filed against New Jersey residents. The N.J. Supreme Court has ordered the expungement of thousands of cases in an automated process, including many marijuana expungements.
What is expungement? Expungement means a marijuana offense or hashish conviction is no longer part of your record. If your case has been expunged, you can legally say it never happened.
The attorneys at the Law Offices of Jonathan F. Marshall can help you determine your eligibility under the NJ marijuana expungement law to have your marijuana or hashish conviction expunged. We can determine whether your marijuana-related offense has been removed as part of the automatic expungement. If it hasn’t, an experienced attorney can explain the steps to take to have your record expunged. We are committed to helping clients navigate the New Jersey expungement process and pursue clean-slate expungements. Contact us now to discuss your eligibility for expungement in a free confidential consultation.
What Does It Mean to Expunge a Marijuana Charge?
New Jersey’s marijuana decriminalization laws allow possession of up to 6 ounces of marijuana or up to 17 grams of hashish (N.J.S.A. 2C:35-23.1). The statute orders that many previous convictions for manufacturing, distributing, dispensing, or possessing marijuana or hashish shall be expunged (N.J.S.A. 2C-52-6.1).
Expungement means the case is removed from the individual’s prior criminal history. If your criminal conviction has been expunged, the case has been wiped off the public record. You do not have to report it on a job application, housing application, or college application.
The change in the law states that an expunged conviction pertaining to marijuana or hashish cannot be held against a person to deprive them of:
- Any legal or civil right, privilege, benefit, or opportunity
- The granting, renewal, forfeiture, or denial of a license, permit, or certification
- Qualification for and the receipt of any form of financial assistance, housing assistance, or other social services
- Rights of custody by a biological parent, adoptive parent, foster parent, or other legal guardian of a child or newborn infant
- Qualification, approval, or disapproval to serve as a foster parent or other legal guardian.
The law gives New Jersey’s Administrative Director of the Courts authority to expunge eligible cases. The Administrative Office of the Courts determined that approximately 360,000 cases were eligible.
Expungement Eligibility Criteria for NJ Marijuana Convictions
New Jersey marijuana laws do not require that every case pertaining to marijuana-related offenses be expunged. It is important to know whether your conviction is covered by the law. The Law Offices of Jonathan F. Marshall can help you confirm your status.
If you have been convicted or adjudicated delinquent as a juvenile for one of these three drug offenses, the courts have expunged your conviction:
- Possession of 50 grams or less of marijuana or 5 grams or less of hashish (N.J.S.A. 2C:35-10(a)(4))
- Possession of more than 50 grams of marijuana or more than 5 grams of hashish (N.J.S.A. 2C:35-10(a)(3))
- Distribution of less than one ounce of marijuana or less than 5 grams of hashish (N.J.S.A. 2C:35-5(b)(12))
If your case included one of the marijuana offenses listed above and any of the offenses listed below, it has also been expunged:
- Possession of Drug Paraphernalia (N.J.S.A. 2C:36-2)
- Use or Being Under Influence of Controlled, Dangerous Substance (N.J.S.A. 2C:35-10(b))
- Failure to Make Lawful Disposition of Controlled, Dangerous Substance (N.J.S.A. 2C:35-10(c))
- Operating a Motor Vehicle in Possession of Controlled, Dangerous Substance (N.J.S.A. 39:4-49.1 – a traffic offense)
The courts also expunged cases that involved attempts to commit and conspiracy to commit any drug offense listed above.
Previously, a conviction for possession, sale, or distribution of illicit drugs could not be expunged unless the charge was for 25 grams or less of marijuana or 5 grams or less of hashish or it was a third-degree offense or fourth-degree offense.
The Benefits of Expungement
These days, an employer, school, mortgage company, and others can conduct a criminal background check on you with a few clicks of a computer.
Even if charges were dropped or you were found not guilty, your arrest and subsequent court proceedings, conviction, and prison sentence are part of the public record.
Expungement completely removes the charge and conviction from your record.
Expungement of criminal records in New Jersey effectively eliminates any record of your name regarding the targeted offense on file anywhere within the criminal justice system.
Having a marijuana case expunged might be just what you need to get a job or to qualify for public housing. If you’ve been barred from employment in a job that requires a professional license or certification because of a marijuana charge, expungement can remove that barrier.
Contact The Law Offices of Jonathan F. Marshall
If you are unsure about a marijuana offense or hashish charge — or any charge — on your record or an arrest that never led to charges, contact the Law Offices of Jonathan F. Marshall. Our criminal defense attorneys can find answers to your questions and explain the legal options available to you.
New Jersey’s expungement law allows you to petition for the expungement of criminal records after a specified amount of time for many crimes if you have paid all fines and completed probation or parole satisfactorily. However, New Jersey’s expungement laws are complex. A mistake will cause your application to be rejected. You should have an experienced attorney representing you to have the best chance of obtaining expungement.
Contact the Law Offices of Jonathan F. Marshall to find out if you are eligible for expungement of your New Jersey criminal records. We have nine offices across New Jersey and are familiar with every Superior Court in the state. We have the knowledge and resources to get this done for you. Phone 877-534-7338 to schedule a free consultation with our respected New Jersey criminal defense lawyers today.
