Changes to Marijuana-Related Expungements (Part 1)

by Fred Sisto | Feb 4, 2020 | Blog, Criminal Law, Drug Crime, Marijuana, Monmouth County, Ocean County

The following amendments to the expungement statutes were approved by the New Jersey Legislature with regard to marijuana offenses. The amendments for all but two of the statutes will take effect on June 15, 2020. The amendments regarding 2C:52-5.4 (Automated “Clean Slate” Process) and 2C:52-29 (Fees Waived for Certain Applications) became effective on December 18, 2019.

Amendments and additions occurred with regard to the following sub-sections under N.J.S.A. 2C:52: 1 (Definition of Expungement), 2 (Indictable Offenses), 3 (Disorderly Persons Offenses and Petty Disorderly Persons Offenses), 5.1 (Eligibility to File Petition for Expungement), 5.2 (System for Sealing Records From the Public), 5.3 (“Clean slate” Expungement by Petition.), 5.4 (Automated “Clean slate” Expungement by Petition), 6 (Arrests Not Resulting in Conviction), 8 (Statements to Accompany Petition), 10 (Service of Petition and Documents), 10.1 (System to Electronically File Expungement Applications), 14 (Grounds for Denial of Relief), 15 (Disposition of Records), 23.1 (Use of Expunged, Sealed Records), and 29 (Fees Waived for Certain Applications).

N.J.S.2C:52-1 is amended to read as follows:

2C:52-1. Definition of Expungement. a. Except as otherwise provided in this chapter, expungement shall mean the extraction, sealing, impounding, or isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person’s detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system.

Expunged records shall include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, “rap sheets” and judicial docket records.

The terms “sealing” and “impounding” were added to the definition. These terms may have been added consistent with new bail reform rules that allow expunged offenses to be considered at detention hearings. Detention hearings now occur in lieu of the setting of a dollar bail figure. Defendants are either released on summonses, subject to non-monetary conditions, or detained pending trial, dismissal, or a negotiated disposition of their case.

      Excellent rating  
 Based on 288 reviews 
    
  
 
 
      Affordable, knowledgeable, efficient.
     Deb W 
 
 
 
 
    Highly  professional

The lawyer Frederick is a serious and professional person, he helped me a lot in my case, I recommend him a lot to help you too, he is always in contact with you explaining the process, a very patient and kind person.
     Ca 
 
 
 
 
    I recently utilized his exceptional services and would highly recommend them to anyone seeking legal advice.
     Mark A 
 
 
 
 
    Hired Mr.Sisto to handle a case of mine a couple of months ago and while the service was okay the customer service was awful. When I had inquired about a charge I was unsure of on my bill, Mr. Sisto immediately got defensive and had the unprofessionalism to ask me if I “was high” for asking this question. I wonder if Mr. Sisto asks all of his clients this question or only the ones who have jobs in the cannabis industry? Regardless, I don’t believe this was an appropriate question to ask, regardless of the industry one works in, and therefore Mr. Sisto needs to heavily work on his customer service.

Edit: Mr. Sisto had the UNPROFESSIONALISM to reach out to my family and ask them to ask me to take down my review instead of reaching out directly towards me when it was I who was his client, not my family. Clearly speaks to the unprofessionalism surrounding this practice. This has not been the only time Mr.Sisto has gone directly to my family instead of me, his client, for important legal matters and I will not seek out his services again.

For those who may not understand Spanish, the email starts with “You should speak to your daughter regarding the review she has just published.”

Edit to Response: As an attorney, one should be able to make appropriate questions and comments regardless if a client is “uncooperative” or “disrespectful.” The fact that rather than apologizing for the awful interaction with your firm, and I was not released  “within hours” as you claim shows how low value your firm is and how you openly  instead chose to harass my family through email for my initial review rather than actually revomy case which I ended up doing and you chareged me for . Regardless of results, your character speaks volumes and anyone who reads this would know better than to give their money to an awful person such as yourself. What a shame
     Ximena C 
 
 
 
 
    Fred is an excellent attorney. Even though we did not initiate the official pleading process, he deep dived into researching and sorted out my questions without any consultation fee. I highly recommend him!
     Qianru Z 
 
 
 
 
    gives great heads up info--- and helps public get around safely
     Sun B 
 
 
 
 
    Fred has helped me on two different occasions with his legal practice and is a top notch attorney. He also gives great advice as a person to go with his legal expertise. Highly recommend anyone looking for an attorney to contact Fred!
     Connor W 
 
 
 
 
    Keeps me well informed ! Thank you
     Koy T 
 
 
 
 
    Fred has been exceptional as my counsel. Represented me with professionalism and understanding. Fred does communicate with you and gives the best he can. I recommend Fred if you need a good professional understanding straight forward counsel. Thank you Fred!
     Mohammed 
 
 
 
 
    Great site Fred. keep up the good work at informing the public of these unlawful check points.
     Mark H