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.