Changes to Marijuana-Related Expungements (Part 23)

by Fred Sisto | Mar 19, 2020 | Blog, Criminal Law, Drug Crime, Marijuana, Monmouth County, New Jersey, Ocean County

N.J.S.A. 2C:52-10 is amended to read as follows:

2C:52-10. a. Until the date that the e-filing system is established by the Administrative Office of the Courts pursuant to section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill), a copy of each petition, together with a copy of all supporting documents, shall be served pursuant to the rules of court upon the Superintendent of State Police; the Attorney General; the county prosecutor of the county wherein the court is located; the chief of police or other executive head of the police department of the municipality wherein the offense was committed; the chief law enforcement officer of any other law enforcement agency of this State which participated in the arrest of the individual; the superintendent or warden of any institution in which the petitioner was confined; and, if a disposition was made by a municipal court, upon the magistrate of that court. Service shall be made within 5 days from the date of the order setting the date for the hearing upon the matter.

b. On and after the date that the e-filing system is established pursuant to section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill), a copy of each petition, together with a copy of all supporting documents, shall, upon their filing, be served electronically pursuant to the rules of court upon the Superintendent of State Police, the Attorney General, the county prosecutor of the county wherein the court is located, and the county prosecutor of any county in which the petitioner was convicted, using the e-filing system.

(cf: N.J.S.2C:52-10)

11. (New section) a. (1) No later than twelve months after the effective date of this section, the Administrative Office of the Courts shall develop and maintain a system for petitioners to electronically file expungement applications pursuant to N.J.S.2C:52-1 et seq. The e-filing system shall be available Statewide and include electronic filing, electronic service of process, and electronic document management.

(2) The system shall, in accordance with N.J.S.2C:52-10, electronically notify and serve copies of the petition and all supporting documents upon the Superintendent of State Police, the Attorney General, and each county prosecutor as described in that section.
(3) The system shall electronically compile a listing of all possibly relevant Judiciary records for an expungement petitioner and transmit this information to all parties served with copies of the petition and all supporting documents in accordance with paragraph (2) of this subsection.

An upside of the new electronic filing system is that it will save petitioners money on certified mailing fees. A potential downside is that with electronic storage there is a concern for the documents remaining confidential. When petitions were stored in paper format, there were a very limited number of people that would have access to them in secure facilities maintained by the courts and police. With electronic storage, hackers could potentially access the materials remotely.

      Excellent rating  
 Based on 288 reviews 
    
  
 
 
      Fred was excellent and helped my son deal with a issue in PPB, despite being a long distance away.  He is very thorough and knows how to navigate the ins and outs of the local legal waters.
     Bruces 
 
 
 
 
    always feel better knowing I don't need to be stopped when I haven't done anything wrong  it's a great service and gives me peace of mint
     Liesel T 
 
 
 
 
    Called back within 10 minutes,very easy to talk to. Not judgmental at all. I am hopeful about the outcome.
     Colleen H 
 
 
 
 
    Fantastic lawyer, I had two charges that were thankfully dropped thanks to Fred. If you're looking for a great lawyer, Fred Sisto is the guy to call. 5 stars. Thank you Fred Sisto.
     Dan M 
 
 
 
 
    I called Mr. Sisto a few weeks back and he returned the call immediately!  I asked a few questions and he clearly explained the options for one of my employees.  He then followed up with a detailed proposal.  He was completely knowledgeable, helpful and insightful.  If I ever had to use him I would feel VERY comfortable with his representation.
     Dave P 
 
 
 
 
    Fred sisto was an absolute life saver in my case I would recommend him to anyone in the future if needed.
     Nelson C 
 
 
 
 
    Great that Fred posts DUI for Monmouth County!
     David F 
 
 
 
 
    I recently  retained Mr. Fred Sisto to represent my son regarding a very serious legal matter. If not handled correctly these charges could have resulted in bad consequences for my son's future prospects. Mr. Sisto's knowledge of the  criminal justice  system is evident since he was able to get all charges dropped as well as getting them expunged from his record.  If you need a criminal justice attorney who will respond quickly to all your questions and concern,as well as achieve a satisfactory solution to your case I strongly recommend Attorney Fred Sisto.
     Joseph M 
 
 
 
 
    That’s my lawyer he’s the greatest
     Donald J 
 
 
 
 
    Fred was incredibly helpful during a very stressful time. Even during a pandemic he was fast at responding to any and all questions or problems that I had. He went above and beyond to make sure that I was happy with my results and that my case was being handled properly all the way through. Highly recommend this office!
     Toni V