Changes to Marijuana-Related Expungements (Part 9)

by Fred Sisto | Feb 20, 2020 | Blog, Criminal Law, Drug Crime, Marijuana, Monmouth County, New Jersey, Ocean County

The amendments to N.J.S.A. 2C:52-3 continue:

Subject to the provision of subsection e. of N.J.S. 2C:52-14 requiring denial of an expungement petition when a person has had a previous criminal conviction expunged, a prior conviction for another disorderly persons offense or petty disorderly persons offense shall not bar presenting an application seeking expungement relief for the convictions that are the subject of the application, which may include convictions for no more than five disorderly persons or petty disorderly persons offenses, or combination thereof;

the person has been convicted of multiple disorderly persons offenses or multiple petty disorderly persons offenses under the laws of this State, or a combination of multiple disorderly persons and petty disorderly persons offenses under the laws of this State, which offenses or combination of offenses were interdependent or closely related in circumstances and were committed as part of a sequence of events that took place within a comparatively short period of time, regardless of the date of conviction or sentencing for each individual offense, and the person does not otherwise have any subsequent conviction for another offense in addition to those convictions included in the expungement application, whether within this State or any other jurisdiction. Subject to the provision of subsection e. of N.J.S.2C:52-14 requiring denial of an expungement petition when a person has had a previous criminal conviction expunged, a prior conviction for another disorderly persons offense or petty disorderly persons offense that was not interdependent or closely related in circumstances and was not committed within a comparatively short period of time as described above shall not bar presenting an application seeking expungement relief for the convictions of offenses that were interdependent or closely related and committed within a comparatively short period of time, and that are the subject of the application.

This passage shows how expungement applications can involve a complicated statutory analysis. The sub-section references another sub-section (2C:52-14). A review of that sub-section references other sub-sections. After reading all of the related sub-sections it is easy to forget what the initial issue was. Here, the changes relate to the fact that a prior expungement used to bar a subsequent expungement of a disorderly persons offense (absent limited circumstances pertaining to the “single spree” doctrine). That prohibition has been removed, thus broadening expungement eligibility regarding disorderly persons offenses.

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