Expungement and Marijuana Decriminalization (Part 6)

by | Sep 17, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

The New Jersey Supreme Court’s Order concluded with the following: It is FURTHER ORDERED that, in addition to the lists of cases provided for in the preceding paragraph, the Administrative Director of the Courts also shall provide the Attorney General with lists of all cases currently pending adjudication that include the specific marijuana or hashish offenses listed above and other non-marijuana or hashish offenses that are subject to review pursuant to the statute and Attorney General Law Enforcement Directive No. 2021-1. The Attorney General will share those lists with county and municipal prosecutors so that they can take appropriate action related to those cases.

It is FURTHER ORDERED that any case not captured by the automated processes described above, depending on the status of the case, may be brought by motion to dismiss or motion to vacate to the court that had jurisdiction over the case (Municipal Court or Superior Court) or by individual expungement petition to the Superior Court. Further, any legal or administrative issues related to a particular case included in the automated process shall be brought by motion before the court that had jurisdiction over the case (Municipal Court or Superior Court).

It is FURTHER ORDERED that the Administrative Director of the Courts shall develop a process that will allow individuals to inquire as to whether their particular case has been expunged pursuant to the provisions of this order and to receive a certification of such expungement. This process for expungement inquiry and certification shall be announced to the public upon completion of the automated processes described above. For the Court, Chief Justice Dated: July 1, 2021

The development of this additional automated expungement inquiry will likely not be completed for well over a year. By the terms of the Supreme Court’s Order, development the expungement inquiry system is not supposed to begin until after the automated expungement system is in place.