A recent bill, S-2702 — which was introduced to the state Senate by Senator Nicholas Scutari on June 7th, and would legalize marijuana for all adults over 21 — includes a provision about expungement, though it would still require an application. Advocates want this expungement to be automatic, where the state takes on the process of expunging records rather than the person charged. However Kate Bell, legislative council for the Marijuana Policy Project, says that the phrase “automatic” is very misleading.
“People have this idea that the government can still press a button and magically expunge all these past convictions, but that’s not necessarily correct,” Bell says.
Similar bills have been introduced by different legislators, such as A-3581 by Assemblyman Reed Gusciora and A-3620 by Aseemblywoman Annette Quijano. A-3581 legalizes possession, personal use, cultivation, manufacture and distribution for adult recreational use as well as establishing a Division of Marijuana Enforcement and licensing structure, which includes section 24 that allows those convicted of cannabis possession to apply for record expungement. A-3620 goes more into depth on cannabis expungement and outlines a Expungement Coordinator Program.