Changes to Marijuana-Related Expungements (Part 26)

by | Mar 25, 2020 | Blog, Criminal Law, Drug Crime, Marijuana, Monmouth County, New Jersey, Ocean County

14.    Section 8 of P.L.2017, c.244 (C.2C:52-23.1) is amended to read as follows:

8.  a. Notwithstanding any provision in this act to the contrary, expunged or sealed records may be used to facilitate the State Treasurer’s collection of any court-ordered financial assessments that remain due at the time an expungement or sealing of records is granted by the court.  The term “court-ordered financial assessment” as used herein and throughout this section means and includes any fine, fee, penalty, restitution, and other form of financial assessment imposed by the court as part of the sentence for the conviction or convictions that are the subject of the expungement or sealing order , for which payment of restitution takes precedence in accordance with chapter 46 of Title 2C of the New Jersey Statutes.  Information regarding the nature of such financial assessments or their derivation from expunged or sealed records shall not be disclosed to the public.  Any record of a civil judgment for the unpaid portion of any court-ordered financial assessment that may be docketed after the court has granted an expungement or sealing of records shall be entered in the name of the Treasurer, State of New Jersey. The State Treasurer shall thereafter administer such judgments disclosure of any information related to the underlying nature of the assessments.

16.  N.J.S.2C:52-29 is amended to read as follows:

2C:52-29. |Any person who files an application pursuant to this chapter shall not be charged a fee for applying for an expungement, and any fee set forth in the Rules of Court, which was, based on the Supreme Court’s temporary authority pursuant to sections 12 through 15, and 17 through 19 of P.L.2014, c.31 (C.2B:1-7 through C.2B:1-13), a revision or supplement by the Supreme Court to the fee charged pursuant to this section prior to its amendment by P.L. , c. (C. ) (pending before the Legislature as this bill), is void.

A sub-section (b.) to 2C:52-23.1 was deleted in its entirety. This deleted sub-section permitted the nullification of an expungement if the petitioner willfully failed to comply with an established payment plan. 2C:52-29 was amended to delete the $30 expungement application processing fee that previously applied.