New Jersey expungement guide
Which cases the courts clear on their own, which need a petition, and why some still appear on checks.
Start the free checkNew Jersey legalized adult cannabis use in 2021 and, at the same time, changed how the courts treat old marijuana and hashish cases. Many of those cases are now vacated and expunged by the courts on their own, without a petition. Others qualify for an expedited expungement with no waiting period. This guide explains which cases fall into which group, and what to do if a case on your record has not been addressed.
The short version: low-level marijuana and hashish cases, such as possession of six ounces or less or distribution of one ounce or less, are subject to automatic vacating and expungement under the 2021 decriminalization law. Other marijuana cases can be expunged by petition on an expedited basis with no waiting period. Larger-quantity cases follow the standard rules.
The 2021 decriminalization law added N.J.S.A. 2C:52-6.1, which directs the courts to vacate and expunge convictions, pending charges, and related records for a defined group of marijuana and hashish offenses. The group includes possession of six ounces or less of marijuana, distribution of one ounce or less, possession of drug paraphernalia in connection with those amounts, being under the influence, and failure to turn over marijuana to a police officer. Cases that were still pending when the law took effect were to be dismissed.
“Automatic” describes the legal mechanism, not a guarantee that every record has been updated. The Judiciary processed these cases in bulk, but records held by other agencies and by private background check companies do not always reflect the court’s action. If a marijuana case still appears on a background check, the first step is to confirm whether an expungement order exists.
For marijuana and hashish cases outside the automatic group, N.J.S.A. 2C:52-5.1 provides an expedited expungement. A person can petition immediately after the case is over, with no waiting period, for convictions involving marijuana or hashish in the categories the statute lists, including certain possession and lesser distribution offenses. The petition is filed in the Superior Court and follows a streamlined process.
Cases involving larger quantities, such as distribution of more than one ounce, are not covered by the automatic or expedited routes. They follow New Jersey’s standard expungement rules, which depend on the degree of the offense and the waiting period after the sentence (N.J.S.A. 2C:52-2). Distribution offenses of the first or second degree are generally not expungeable; third and fourth degree distribution can be considered under a “public interest” standard. If a marijuana case was part of a larger set of charges, the other charges are treated under their own rules, and the whole record may need to be looked at together, sometimes through Clean Slate.
Even a decriminalized offense can continue to show up on employment, housing, and licensing checks until it is expunged and the databases are corrected. New Jersey law treats an expunged case as if it had not occurred for most purposes (N.J.S.A. 2C:52-27), and the State’s fair-chance laws restrict what employers and landlords may ask about. Our guide to expungement and background checks covers the details.
The free, anonymous eligibility check on our home page asks about the types of cases on your record, including marijuana cases and the amounts involved, and tells you right away whether your record appears eligible and which route applies. Nothing is stored unless you choose to be contacted.
This guide is general information, not legal advice, and does not create an attorney-client relationship. Statutes change; a licensed New Jersey attorney can tell you how they apply to your record. The New Jersey Courts publish an explanation of the 2021 changes at Expungement of Certain Marijuana or Hashish Cases.
This index is a static public record compilation provided for general informational reference only. Listings do not provide direct contact details or website links. To bypass manual outreach and request an administrative callback via our automated communication tools, launch the helper button below.
Atlantic · Linwood, NJ
Law Offices of Michael H. Schreiber, L.L.C.
Criminal defense and expungements
Burlington · Moorestown, NJ
Law Office of Michele Finizio
Marijuana expungements and criminal defense
Hudson · Jersey City, NJ
Bhatt Law Group
Criminal defense and expungement
Hudson · Secaucus, NJ
The Law Offices of Stephen J. Natoli
Criminal defense and expungement of criminal records
Monmouth · West Long Branch, NJ
Chamlin, Uliano & Walsh
Criminal defense and expungement of criminal records
Monmouth · Freehold, NJ
The Law Office of Jason A. Volet
Criminal defense and New Jersey expungements
Listed alphabetically by county. To correct or remove a listing, contact support@localexpungements.com.
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