Changes to Marijuana-Related Expungements (Part 17)

by Fred Sisto | Mar 7, 2020 | Blog, Criminal Law, Drug Crime, Marijuana, Monmouth County, New Jersey, Ocean County

The amendments to N.J.S.A 2C:52-6 continue:

b. Notice of the sealing order issued pursuant to subsection a. of this section shall be provided to:

1. The Attorney General, county prosecutor, or municipal prosecutor handling the case; and
2. The State Police and any local law enforcement agency having custody of the files and records.

c. Upon the entry of a sealing order issued pursuant to subsection a. of this section, the proceedings in the case shall be sealed and all index references shall be marked “not available” or “no record.” Law enforcement agencies shall reply to requests for information or records of a person subject to a sealing order that there is no information or records. The person may also reply to any inquiry that there is no information or record, except that information subject to a sealing order shall be revealed by that person if seeking employment within the judicial branch or with a law enforcement or corrections agency, and the information shall continue to provide a disability to the extent provided by law.

d. Records subject to a sealing order issued pursuant to subsection a. of this section may be maintained for purposes of prior offender status, identification and law enforcement purposes, provided that the records shall not be considered whenever the Pretrial Services Program established by the Administrative Office of the Courts pursuant to section 11 of P.L.2014, c.31 (C.2A:162-25) conducts a risk assessment on an eligible defendant for the purpose of making recommendations to the court concerning an appropriate pretrial release decision in accordance with sections 1 through 11 of P.L.2014, c.31 (C.2A:16215 et seq.) or used for sentencing purposes in any other case.

While expunged offenses are not to be considered in the risk assessment scores at a pretrial detention hearing, they can still be considered at the hearing. They are noted in the criminal history section but not factored into the two risk assessment scores regarding the likelihood to reoffend and the likelihood of absconding if released.

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