(2) Cases That Have Been Adjudicated but are Pending Sentencing (Adult) or Disposition (Juvenile) For cases that are pending sentencing or disposition, and that have been adjudicated through entry of a guilty plea, adjudication of delinquency, guilty verdict, disposition, or admission into pretrial intervention (PTI), veterans’ diversion program, or juvenile diversion program: (a) any guilty verdict, adjudication of delinquency, plea, placement in an enumerated diversionary program, or other entry of guilt shall be vacated pursuant to N.J.S.A. 2C:35-23.l(b)(l); (b) any guilty verdict, adjudication of delinquency, plea, placement in an enumerated diversionary program, or other entry of guilty shall then be dismissed pursuant to N.J.S.A. 2C:35-23.l(a); (c) such cases shall be expunged pursuant to N.J.S.A. 2C:52-6(a) (excluding N.J.S.A. 39:4-49.1, which is not eligible for expungement pursuant to N.J.S.A. 2C:52-28); (d) any associated active warrants for failure to appear shall be rescinded; ( e) any associated violations of pretrial monitoring shall be vacated; and (f) any associated court-ordered driver’s license suspensions or revocations for failure to appear shall be rescinded. Any rescission of a court-ordered driver’s license suspension or revocation pursuant to this order is separate from any license restoration fee or process required by the New Jersey Motor Vehicle Commission.
(3) Select Cases After Sentencing (Adult) or After Disposition (Juvenile) For cases in which the defendant or juvenile is or will be serving a sentence of incarceration, probation or parole, or other form of community supervision on July 1, 2021 as a result of a conviction or an adjudication of delinquency for the specific offenses, not including cases in which there was a conviction or adjudication for N.J.S.A. 39:4-49.l (Operating Motor Vehicle in Possession of Controlled, Dangerous Substance): (a) any conviction, remaining sentence, juvenile disposition, ongoing supervision, any associated violation of probation, or unpaid court-ordered financial assessment including civil judgments for non-payment shall be vacated pursuant to N.J.S.A. 2C:35-23.l(b)(2); (b) any defendant or juvenile currently serving a term of incarceration shall be released; ( c) any ongoing term of supervision, including terms for violations of probation, shall be terminated; (d) such cases shall be dismissed, pursuant to N.J.S.A. 2C:35-23.l(a); (e) such cases shall be expunged pursuant to N.J.S.A. 2C:52-6(a) (excluding N.J.S.A. 39:4-49.1, which is not eligible for expungement pursuant to N.J.S.A. 2C:52-28); (f) any associated active warrants for failure to appear, failure to pay, or failure to comply with parole or other community supervision shall be rescinded; (g) any associated court-ordered driver’s license suspensions or revocations for failure to appear shall be rescinded. Any rescission of a court-ordered driver’s license suspension or revocation pursuant to this order is separate from any license restoration fee or process required by the New Jersey Motor Vehicle Commission.
An interesting issue that is not directly addressed by this Order is whether those who participated in one-time diversionary programs for these marijuana offenses are now re-eligible for diversionary programs. There will likely be a challenge to a prosecutor’s PTI rejection based on previous participation that provides the answer from our Appellate Division sometime in 2022.
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