- (New section) a. (1) Notwithstanding the requirements of N.J.S.2C:52-2 and N.J.S.2C:52-3 or any other provision of law to the contrary, beginning on the effective date of this section, the following persons may file a petition for an expungement with any court designated by the Rules of Court at any time, provided they have satisfied, except as otherwise set forth in this subsection, payment of any court-ordered financial assessment as defined in section 8 of P.L.2017, c.244 (C.2C:52-23.1), satisfactorily completed probation or parole, been released from incarceration, or been discharged from legal custody or supervision at the time of application:
a. any person who, prior to the development of a system for sealing records from the public pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), was charged with, convicted of, or adjudicated delinquent for, any number of offenses or delinquent acts which if committed by an adult would constitute, unlawful distribution of, or possessing or having under control with intent to distribute, marijuana or hashish in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5, or a violation of that paragraph and a violation of subsection a. of section 1 of P.L.1987, c.101 (C.2C:35-7) or subsection a. of section 1 of P.L.1997, c.327 (C.2C:35-7.1) for distributing, or possessing or having under control with intent to distribute, on or within 1,000 feet of any school property, or on or within 500 feet of the real property comprising a public housing facility, public park, or public building; or
b. any person who, prior to the development of a system for sealing records from the public pursuant to section 16 of P.L. , c. (C. ) (pending before the Legislature as this bill), was charged with, convicted of, or adjudicated delinquent for, any number of offenses or1 delinquent acts which if committed by an adult would constitute, obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of marijuana or hashish in violation of paragraph (3) or (4) of subsection a., or subsection b., or subsection c. of N.J.S.2C:35-10; or
c. any person who, prior to the development of a system for sealing records from the public pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), was charged with, convicted of, or adjudicated delinquent for, any number of offenses or delinquent acts which if committed by an adult would constitute, a violation involving marijuana or hashish as described in subparagraph (a) or (b) of this paragraph and using or possessing with intent to use drug paraphernalia with that marijuana or hashish in violation of N.J.S.2C:36-2.
Included in these amendments are provisions regarding a proposed automated system for the public to use to expunge their own marijuana-related offenses. First and second degree offenses involving the intent to distribute or distribution of 5 pounds or more of marijuana or one pound or more of hashish remain ineligible for expungement.
