The marijuana legalization pros and cons have been debated for decades. The recent expansion of New Jersey’s medicinal marijuana program, the roll-out of legal hemp cultivation, and referendum on recreational use for those 21 and older planned for later this year, point to the significant and sustained efforts by lawmakers to address the impact of marijuana convictions through reforms to the expungement laws.
Although New Jersey is tough on crime, New Jersey lawmakers also recognize that rehabilitation and reintegration must be the ultimate goal of a successful system of criminal justice. Particularly with regard to low-level offenses. On Dec. 16, 2019, the New Jersey Legislature passed S4154. Two days later, the governor signed the bill enacting P.L.2019, c.269, which amends the expungement statute for marijuana and hashish offenses as well as other criminal offenses not discussed herein. S4154 becomes fully effective on June 15, 2020.
Expungement, the legal sealing of a criminal record from public view, is generally considered the most effective means to afford a path forward for those who have fully served their punishment but whose public arrest record limits employment opportunities and other societal benefits. While expungement will not erase news articles, social media posts, and similar publications, it officially seals the official court and law enforcement records of the event, and permits the person who obtained the expungement to avoid disclosure of the expunged record. Additionally, expunged arrests or charges will generally result in a “no record” background check and will effectively restore an individual’s reputation and be a step to rehabilitation. For example, a person arrested for once smoking marijuana as a college freshman would encounter significant hurdles in achieving professional licensure in a number of professions, including as a teacher, lawyer, pharmacist, nurse, architect, and engineer. Expunging that record prior to applying for licensure would allow that person to respond “no” in nearly all questions regarding that situation, and would remove the impediment to a chosen career path.