Expungement and Marijuana Decriminalization (Part 5)

by | Sep 15, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

The Supreme Court Order continues: (4) Other Cases That Have Been Disposed. For cases in which a court has entered convictions or adjudications of delinquency for only the specific offenses or has dismissed cases due to completion of the conditional discharge program, not including cases in which there was a conviction or adjudication for N.J .S.A. 39:4-49 .1 (Operating Motor Vehicle in Possession of Controlled, Dangerous Substance): ( a) any remaining sentence, juvenile disposition, ongoing supervision, 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:52-6.1; (b) such cases shall be expunged pursuant to N.J.S.A. 2C:52-6. l; (c) any associated active warrants for failure to appear or failure to pay shall be rescinded; (d) any associated court-ordered driver’s license suspensions or revocations for failure to appear shall be rescinded.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.

It is FURTHER ORDERED that since the Judiciary will need to modify a number of its case management systems in order to implement the automated processes set forth in this Order, the Administrative Director of the Courts is directed to take such steps as are necessary to accomplish that as expeditiously as possible. It is FURTHER ORDERED that the Administrative Director of the Courts shall provide lists of the cases that are subject to this Order to the Attorney General (who will share those lists with the New Jersey State Police and with county and local law enforcement agencies), the New Jersey Department of Corrections, the State Parole Board, and the County Jail Wardens so that respectively they can take appropriate actions related to those cases.

It is unclear if there will be any sanctions associated with a failure to “implement the automated processes set forth in this Order . . . as expeditiously as possible.” The lack of a firm date will likely lead to significant delays. The massive number of expungements that are required by this Order will likely cause significant delays in the expungement of all cases, as there is no requirement for the state police expungement unit to hire additional staff and no firm time limit by which they are required to purge their records of the expunged offenses.