Marijuana Expungement Law an Important First Step
We commend the members of the legislative and executive branches for working together, despite the complexity, to take this next important step in reforming our criminal justice system.
January 05, 2020 at 09:00 AM
2 minute read
It is common knowledge that the direct and collateral consequences of marijuana convictions have a major disparate impact on minorities. Reportedly New Jersey's arrest rate for marijuana offenses is among the highest in the nation (almost 1 million since 1990), and our expungement process is among the most cumbersome. We recognize that this is a bad combination for New Jersey.
The governor (consistent with one of his campaign promises) and both houses of the Legislature have agreed, in general, that now is the time to do something to ameliorate this unfair situation with respect to marijuana convictions as well as other convictions. Clearly, addressing this matter did not need to wait for the referendum on the proposed constitutional amendment legalizing recreational marijuana.
The governor had conditionally vetoed a bill passed by the Legislature this summer that provided for shortened waiting periods, funding for implementation, and streamlined expungement. He expressed concern about administrability, and requested language that legislators believed would unduly limit coverage. He also requested automatic expungement of convictions for those with a 10-year clean record and judicial sealing of low-level marijuana convictions.
The reform process is complicated because of, among other things, variations among local courts, the absence of statewide computer access to their records, and the need to notify the different levels of law enforcement. There will be thousands of people eligible for the new forms of expungement.
New legislation providing important reforms to the expungement process generally, incorporating most of the earlier proposals, but also including most of the governor's suggestions was passed and signed the week before Christmas. S-4154. It includes the creation of a task force to study and make recommendations for an automatic system to expunge all eligible 10-year-old offenses.
We commend the members of the legislative and executive branches for working together, despite the complexity, to take this next important step in reforming our criminal justice system.
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