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If I Was Arrested for Marijuana Possession in New Jersey, Will My Record Be Expunged?

By Davis Law Firm | February 1, 2021

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In June of 2020, New Jersey made news when they announced that the requirements of those who are eligible for expungement have changed. These changes include new automated expungement timelines. If you are met with marijuana possession charges, these updates may affect you.

Read more: Dealing with Drug Charges

What Laws Were Affected?

The most significant changes in terms of expungement eligibility regard the Clean Slate provision act and those with criminal marijuana charges.

Changes to the Clean Slate Provision Act

The Clean Slate provision act refers to non-violent criminals who haven’t committed any crimes since their jail release. With automated expungements, people’s criminal records will be inaccessible to the public as long as that person’s crimes are eligible for expungement. If someone qualifies for an automatic expungement, their record will be sealed after 10 years.

This differs for marijuana charges. Those who have been convicted of marijuana charges will have the option to have their records sealed in three months. Marijuana charges will not be available to the public after this date. This means that there is no waiting period, and people can file for expungement right after their charges. While the court will expect court fees to be paid, these requirements may be dismissed as long as the person has complied with a court-ordered payment plan.

Read more: New Jersey Laws Regarding Juvenile Offenders

What Does This Mean?

Essentially, these changes will provide convicted non-violent offenders with more opportunities, despite their records. By making it so criminal records are sealed, people have a better chance of finding employment.

Read more: How Can a Felony Conviction Impact My Career?

How to Determine Your Eligibility

If you have questions regarding the recent changes to New Jersey’s expungement laws, it is best to discuss your case with a criminal defense lawyer. Each person’s case is different, so it is important that we evaluate the details of your arrest and criminal records.

Some people may not be eligible for expungement, even for marijuana charges, depending on the details of the case. It is possible to file an expungement request before the automated rules take place, as long they meet the requirements of expungement. An eligible person is someone who has been convicted of a non-violent crime, it has been 10 years from the closure of the case, all court fees have been paid, and the person has met all the requirements of their probation or parole.

Some exceptions may be made to those who have fulfilled all of the above requirements, but who have not yet made all payments. However, once the automated process takes effect, applications will no longer be accepted.

Contact a Drug Defense Lawyer Today

Dealing with criminal drug charges? It is important to reach out to a criminal defense lawyer as soon as possible. Criminal drug charges can affect your future, making it difficult to find employment or housing. Fortunately, New Jersey is taking a less strict approach on some types of drug charges, including marijuana.

It can be confusing to navigate certain drug charges while laws are changing. Reach out to a drug defense lawyer today to learn more about these changes.

Contact an Experienced Trenton Drug Defense Attorney About Your Marijuana Possession Drug Crime Charges in New Jersey

Have you been charged with a drug-related offense in New Jersey? A drug crime conviction can carry with it heavy fines, jail time, and driver’s license suspension. That is why it is imperative that you speak with a qualified drug defense lawyer about your case. The attorneys at the Davis Law Firm, LLC represent clients charged with use, possession, production, distribution, and related drug offenses in Trenton, Lawrence, Princeton, West Windsor, and throughout New Jersey. Call (609) 498-7722 or fill out our confidential online contact form to schedule a free consultation about your case. We have an office located at 2653 Nottingham Way, Hamilton Township, New Jersey, 08619.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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