Cannabis Expungements and Clearing Your Record
Expungement is defined under N..J.S.A. 20:52-1 as “the extraction, sealing, impounding, or isolation of all records on file with any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person’s detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system.”
If you have previously been arrested and/or convicted of one or more crimes, disorderly persons offenses, petty disorderly persons offenses or local ordinance violations, you may be eligible to expunge your record.
Even if your prior marijuana charges were dismissed through a diversionary program such as the Pre Trial Intervention Program or the Conditional Discharge Program, record of your arrest will likely still exist and be visible to anyone running a criminal background check on you.
New Jersey has recently changed many expungement laws making it easier for you to have your record expunged. At the Law Firm of Chiarolanza, De Angelis and DiGiacomo, we handle every type of expungement application. We will review your record to determine if you are qualified to have your prior record expunged. If you are eligible, we will file the appropriate application with the Court and see the process through its completion.
Clean Slate Expungement
In 2021 New Jersey enacted the “Clean Slate” Expungement statute. Pursuant to N.J.S.A. 2C:52-5.3 a person may now be eligible for expungement where they previously were not permitted to present an application. Under the Clean Slate expungement, a person who has been convicted of one or more crimes, one or more disorderly persons or petty disorderly persons offenses or a combination of one or more crimes and offenses may be eligible to present an expungement application under this statute.
A person may be eligible if ten years has passed since the persons most recent conviction, payment of court ordered fine, completion of probation or parole, or release from incarceration.
The new clean slate expungement greatly expands the number of offenses that can be expunged, however there are still certain crimes that are not permitted to be expunged from your record. Please call us for a free consultation to determine if you may be eligible for expungement.
Expungement of Marijuana or Hashish Offenses in New Jersey
In addition to many new changes to New Jersey’s marijuana laws, New Jersey has recently made changes to the Marijuana and Hashish expungement laws. Under New Jersey statute 20:52-5.1 many marijuana and hashish offenses that previously could not be expunged are now eligible. This includes some distribution and possession with intent to distribute marijuana offenses. It also includes some distribution, possession and possession with intent to distribute certain marijuana offenses within 1,000 ft of a school or within 500 ft of a public park.
The Law Firm of Chiarolanza, De Angelis & DiGiacomo are experienced New Jersey expungement attorneys that will review your prior criminal history to determine if you are eligible for expungement under New Jersey’s new Marijuana and Hashish expungement laws.
Sentences for Certain Marijuana Offenses are Now Vacated
Under N.J.S.A. 20:52-6.1 as of 2021 anyone that previously had a conviction or was adjudicated delinquent for one or more crimes involving manufacturing, distributing, or dispensing, or possessing or having under control with intent to manufacture, distribute, or dispense marijuana in certain designated amounts can now have the charges expunged by operation of law and any remaining sentence with respect to those specifically designated marijuana related crimes shall be vacated.
In addition to vacating any sentence for certain marijuana and hashish related offenses all the pending fines associated with those sentences are vacated as well.
That means for example, if you are serving a Conditional Discharge for a marijuana offense of possession of under 50 grams of marijuana, the remainder of your sentence is vacated, you don’t have to pay the fines and your charge will be expunged.
Please call the Law Firm of Chiarolanza & DeAngelis to see if you are eligible under any of the New Jersey new expungement laws to have your record expunged.
