Changes to Marijuana-Related Expungements (Part 13)

by | Feb 28, 2020 | Blog, Criminal Law, Drug Crime, Marijuana, Monmouth County, New Jersey, Ocean County

  1. (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.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto was not only a knowledgeable and excellent lawyer, he was compassionate and understanding during this difficult time. I found Mr. Sisto to always be available and he services were affordable and effective. You will not find a better lawyer.
Joseph S
Google star 1Google star 2Google star 3Google star 4Google star 5
Estoy realmente satisfecho con el excelente trabajo que hizo el abogo en mi caso de DIU. Agradecido por que el caso fue un éxito, ya que además tiene mucho conocimiento en estos casos y no dudo que en otros casos también. Lo recomiendo totalmente.
Luis A
Google star 1Google star 2Google star 3Google star 4Google star 5
For the people. For the little guy My legal bully
Glennlykesmusic
Google star 1Google star 2Google star 3Google star 4Google star 5
Great location
John G
Google star 1Google star 2Google star 3Google star 4Google star 5
Current Pre law students and I had a question pertaining to a certain scenario in class. He responded back and gave me a case that broke down exactly what I asked for.
Chad T
Google star 1Google star 2Google star 3Google star 4Google star 5
Very knowledgeable with expungement!!! Thanks again!!!
Nicole B
Google star 1Google star 2Google star 3Google star 4Google star 5
Called back within 10 minutes,very easy to talk to. Not judgmental at all. I am hopeful about the outcome.
Colleen H
Google star 1Google star 2Google star 3Google star 4Google star 5
On time and on point. Very knowledgeable
Ron T
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto and his entire staff were courteous, professional and got our case handled quickly and to the best outcome. Great lawyer. Highly recommend.
Bryan B
Google star 1Google star 2Google star 3Google star 4Google star 5
I am writing to share my experience working with Fred From the very beginning, he provided outstanding service and demonstrated a high level of professionalism. He was attentive to my needs, communicated clearly, and always made sure I understood each step of the process. What impressed me most was his efficiency—he handled my case quickly without compromising on quality. His dedication and expertise gave me confidence and peace of mind throughout the entire process. I highly recommend Fred to anyone seeking reliable and effective legal support. His commitment to his clients and ability to deliver results promptly truly set him apart.
Aida F