Expungement and Marijuana Decriminalization (Part 2)

The Marijuana Decriminalization Law, L. 2021, c. 19, codified in relevant part at N.J.S.A. 2C:35-23.l and N.J.S.A. 2C:52-6.l, provides for the dismissal, vacating, and expungement of certain marijuana and hashish cases involving specified offenses as defined in that legislation. The Administrative Office of the Courts has determined that approximately 360,000 cases in the Superior Court (Criminal and Family) and the Municipal Courts potentially fall within that statutory direction. In accordance with N.J.S.A. 2C:35-23.l(a), the automated processes set forth in this Order apply only to cases involving the following specific marijuana or hashish offenses, including attempts or conspiracies to commit these specific offenses: N.J.S.A. 2C:35-5(b)(l2) – Distribution of less than one ounce of marijuana or less than 5 grams of hashish (fourth degree); N.J.S.A. 2C:35-10(a)(3) – Possession of more than 50 grams of marijuana or more than 5 grams of hashish (fourth degree); N.J.S.A. 2C:35-10(a)(4)- Possession of 50 grams or less of marijuana or 5 grams or less of hashish (disorderly persons offense).

The above specific offenses are eligible for the actions directed by the new statute whether they exist in the case alone, in combination, or in combination with one or more of the offenses listed in the following paragraph, including attempts or conspiracies to commit these related offenses. The below specific offenses, including attempts or conspiracies to commit these related offenses, must be in combination with at least one of the above-listed offenses involving marijuana or hashish for the offense to be eligible for the automated processes set forth in this Order. N.J.S.A. 2C:36-2 – Possession of Drug Paraphernalia (disorderly persons offense); N.J.S.A. 2C:35-10(b)- Use or Being Under Influence of Controlled, Dangerous Substance (disorderly persons offense); N.J.S.A. 2C:35-10(c)- Failure to Make Lawful Disposition of Controlled, Dangerous Substance (disorderly persons offense); N.J.S.A. 39:4-49.1 – Operating Motor Vehicle in Possession of Controlled, Dangerous Substance (traffic offense).

The inclusion of the title 39 motor vehicle offense might explain why the term “vacating” is used alongside expungement. Motor vehicle offenses cannot be expunged.