After cannabis was legalized in New Jersey, the state continues to figure out the details to implement a new, legal market for cannabis. At the same time, and more urgent for many victims of the “War on Drugs,” expungements in New Jersey are moving forward. The state has either dismissed or vacated 88k cannabis convictions to date, out of approximately 360,000 cases that are eligible for expungement.
According to the state judiciary, these expungements in New Jersey are moving forward according to a Supreme Court order laying out the process for vacating, dismissing or expunging cannabis convictions from the records of people in the state convicted based on cannabis criminalization. It applies to old convictions and criminal records as well as pending charges, people awaiting sentencing and those currently imprisoned or on parole or probation.
While the dismissal of 88k cannabis convictions is an important step forward, expungement is the final step that will clear the criminal record of a person with an outstanding cannabis conviction. The New Jersey judiciary said that the expungements will move forward for this first wave of vacated and dismissed charges in the coming months.
New Jersey’s Supreme Court set out the specific cannabis offenses for which expungement is available, including possession of drug paraphernalia, being under the influence of cannabis, failing to turn over marijuana, selling less than one ounce of cannabis or possessing marijuana while in a vehicle.
This order was issued following the cannabis decriminalization and legalization bills signed into law by Gove. Phil Murphy in February 2021. The decriminalization legislation ended arrests and fines for possession of cannabis, while the legalization bill put forward a framework for legal marijuana sales to people 21 and over in the state.
While the legal sales system is still being set up, the decriminalization provisions are moving forward. Regulators in New Jersey are still planning the regulations under which the cannabis industry can operate in the state, including the necessary permits to operate a legal marijuana business.
The state judiciary will move forward with an automatic expungement process for convictions that were vacated or cases that were dismissed. A new electronic system is also being created to allow people whose convictions or cases were expunged under the law to obtain certificates documenting the expungement, a press release stated.
This comes as a significant change for the state, which historically has made it difficult for people to seek expungement of past convictions. However, recent pushes for reforms of the criminal legal system have led to some changes in the system, in addition to the cannabis decriminalization legislation. Filing fees for expungement have been eliminated and the process can take place online, and the judiciary plans to implement a fully automated expungement system in the future.
Expungement is an important part of cannabis decriminalization because a criminal record can prevent people from getting jobs, accessing federal student loans or finding housing. Sometimes, people with past cannabis convictions have even been hindered from entering the legal cannabis market after changes in the law. Making the expungement process easier means that more people will be able to access opportunities that have been denied to many, especially Black people and other people of color.
