How do I expunge a marijuana offense from my record in NJ?

Expungement of Marijuana Charge Lawyers with offices in Hackensack, New Jersey

NJ Expungement of Marijuana Offense Lawyers

If you have been arrested, charged, or convicted of a marijuana offense in New Jersey and are looking for an expungement to clear your record, you have come to the right place. Our NJ expungement lawyers have literally expunged thousands of marijuana charges for our client’s records over the last 10 years. It is important to understand what currently exists on your record and if and when you may be eligible to remove it. There are certain waiting periods under NJ law which prevent you from doing an expungement until a certain time, depending on how your case was resolved. The good news is our NJ expungement lawyers know the rules and NJ law and can walk you through every step of the process. Contact our offices now for immediate assistance at 201-556-1570. The initial consultation is always provided free of charge.

Expunge a Marijuana Charge from my Record in NJ

The first thing that needs to be examined is your record. Depending on how many arrests and convictions you have, you may or may not be eligible for an expungement. Here are the basics.

I was arrested for possession of marijuana and the case was dismissed completely.

This is great. That means that you are eligible for an expungement of that arrest immediately, there is no waiting period. And, there is no limit on the number of these expungements you can have. Since the charge was dismissed, you have no criminal record. However, there is still an arrest record since you were arrested, fingerprinted and process. This means that, if a prospective employer runs a background check on you, the arrest for possession of marijuana will still show up, even though the charges show up as dismissed. Once you expunge this arrest record, then it will no longer appear on your criminal history.

I was arrested for marijuana possession and took a conditional discharge or the pre-trial intervention program (PTI).

This is very common. In this case, you were accepted into a diversionary program in NJ (either conditional discharge in municipal court or PTI in superior court) and you complied with the terms of your probation and the charges were dismissed at the end. Just like above, you have no criminal record. However, there is still the arrest record which shows up on your background. Under NJ law, you must wait six (6) months before applying for an expungement. Once the expungement is done, then the arrest is also removed from your criminal history and the entire incident is like it never happened.

Marijuana Decriminalization

Marijuana decriminalization laws took effect in the State of New Jersey in July 2021 and the Supreme Court ordered certain marijuana offenses be expunged immediately. Therefore, certain matters have been expunged by operation of law. However, legislation did not require that every marijuana offense be expunged. If you had an eligible offense expunged automatically from your record, you may be able to obtain a certification from the Court for your records. In order to obtain a copy of this certification, you should fill out a form requesting copies of your expunged record. Certain factors may impact whether your marijuana matter was automatically expunged from your record and you may still need to petition the Court to have your record
expunged. For example, the age of your case. If your case was from 30 or 40 years ago, the Courts may have stored the record differently than it would be 10 years ago. Due to the age of some of the files, Courts store disposition information on microfilm or archived in a way differently than the electronic systems that are in place today. With that said, it may be difficult for the automatic expungements to take place on matters where the record may not be easily ascertainable. Over the years since the decriminalization of marijuana in the State of New Jersey, numerous changes have taken effect. For example, certain indictable marijuana offenses may now be classified as disorderly persons offenses, while other marijuana-related convictions still require a waiting-period to apply before petitioning the Court for expungement. As you can see, there have been substantial changes in the laws related to marijuana. For purposes of determining eligibility to present an expungement application to the court, you should speak with our experienced New Jersey Expungement lawyers now.

Marijuana Expungement Lawyers in NJ – Contact Us Now

For more information, contact the NJ expungement lawyers at the Tormey Law Firm LLC for a free consultation at 201-556-1570.