What Happens to Marijuana Convictions in New Jersey?

The state of New Jersey has recently expanded the ability of individuals to expunge or permanently restrict access to some old records of criminal convictions. You generally can apply for an expungement for certain criminal convictions that involve marijuana or hashish, meaning that those records will become unavailable to the public.  

Expungement of Certain Marijuana Convictions 

There is no waiting period to apply for an expungement of records related to the following crimes when they involved marijuana or hashish: 

• Simple possession
• Failure to make lawful disposition  
• Use or be under the influence 
• Simple possession of drug paraphernalia 

These crimes are eligible for expungement of crimes that occurred in school zones or public areas.  

The State’s Expungement Process for Marijuana Crimes 

Earlier this year, New Jersey Governor Phil Murphy signed legislation that decriminalized criminal and civil penalties for adults who possess less than six ounces of marijuana and 17 grams of hashish. Furthermore, the bill also decriminalized the transfer of less than one ounce of marijuana for a first offense.  Law enforcement has been instructed to issue a written warning for any individual who distributes less than one ounce.  However, a second or subsequent offense will result in criminal charges being issued. 

This legislation also provided a means of expediting and automating the expungement of low-level marijuana crimes. The administrative office for the courts is charged with implementing a means within the already existing electronic filing system to expunge these old convictions.  Already, over 300,000 marijuana expungements have been processed. 

Marijuana Convictions Still Subject to a Waiting Period Before Expungement 

Some marijuana convictions still require a five-year waiting period before expungement. For example, you must wait five years after the payment of your restitution or fines, completion of probation or parole, or release from incarceration, whichever is later, before seeking an expungement of the following crimes: 

• Third-degree possession with intent to distribute more than one ounce but less than one pound of marijuana 
• Third-degree distribution of marijuana within 1000 feet of a school 
• Third-degree distribution of marijuana within 500 feet of a public park or housing 

How Do I Know if My Marijuana Conviction Has Been Expunged? 

A common criticism of the new expungement law is that the Courts are not automatically informing individuals as to when their previous criminal history has been expunged.  If you are seeking confirmation of a successful expungement, you must appear in person at either the municipal court or superior court in which your charges were adjudicated.  When there, you must present photo ID and fill out a Record Request Form.  If your record was successfully expunged, the court administrator will provide you with a Certification of Expungement.   

Consult Rosenberg, Perry & Associates, LLC Today 

When you are charged with a crime, you may be unsure where to turn first. Get the answers to all your questions about your criminal matter and ensure that your rights are protected throughout all stages of the criminal proceedings. Contact our office today at (609) 216-7400, or find us online and learn what we can do to help.