Bill Stopping Spread of Expunged Criminal, Marijuana History Passes NJ Assembly

NJ marijuana expungement criminal records war on Drugs progress made by NJ Assembly. Its chamber is pctured.

Legislation to protect certain individuals whose criminal records, including marijuana charges, have been expunged or erased passed the General Assembly recently.

The bill is A3881, “Prohibits dissemination of certain criminal history background information,” sponsored by Assemblywomen Annette Quijano (D-Union) and Ellen J. Park (D-Bergen). It would prohibit the spread of certain criminal history background information.

An Assembly spokesperson said the bill would help and refers to an individual who “has been granted an order of expungement by the Superior Court pursuant to N.J.S.2C:52-1 et seq. 1”.

So they would be covered if they committed a marijuana related offense.

The legislation passed the Assembly 76-0-0.

Progress Made

The bill would ensure privacy for individuals with expunged criminal records during background checks.

If it becomes law, the State Bureau of Identification (SBI) would be prohibited from sharing criminal history information for people with unprocessed expungement records. The SBI would be required to check if a person has an unprocessed expungement order before sharing any background information, and if a person’s record were eligible for expungement, the SBI would need to update its records to reflect that.

“This unanimous vote underscores the importance of protecting privacy and ensuring fairness in our justice system,” said Assemblywoman Quijano (D-Union). “Expungements are intended to provide individuals with a second chance, and this legislation ensures that they are not burdened by their past when it has been legally erased.”

She noted the bill is to ensure that when there is a backlog of unprocessed expungement requests, the SBI does not provide incorrect background information. That could preclude an otherwise eligible person from employment, licensing, or a volunteer position. Or any other purpose for which criminal history record background information is sought.

“The delay in processing expungement orders unjustly exposes individuals to unwarranted discrimination when their criminal histories are disclosed to potential employers, landlords, and others,” Quijano added. “It is egregious that those who have fulfilled their obligation to society continue to face these challenges.”

According to her, the legislation marks a major milestone in New Jersey’s efforts to reform its criminal justice system. It will protect the privacy of rehabilitated adults.

Quijano was a leading sponsor of New Jersey cannabis legalization.

Expungement Progress

“Expunging these records can significantly improve the lives of individuals who have served their time,” said Assemblywoman Park (D-Bergen). “By removing the barriers associated with a criminal record, people gain greater access to job opportunities, housing, and education, allowing them to move forward without the weight of past mistakes.”

Last April, NJ Attorney General Matt Platkin reported a backlog of 19,874 pending expungement cases through March 2024.

That included marijuana related cases.

Two months later, before the bill passed the Judiciary Committee and following the filing of a class action lawsuit, action was taken. The Attorney General, Public Defender Jennifer N. Sellitti, and Col. Patrick Callahan, Superintendent of the New Jersey State Police (NJSP) announced an Interim Consent Order to process expungement orders promptly.  

The class action lawsuit A.A. et al. v. Callahan cited problems caused by marijuana related offenses when adults were teenagers.

NJ Legislative Process

The Assembly Judiciary Committee passed the bill in May 6-0.

In the NJ Senate, only Senator Brian Stack (D-Hudson) is sponsoring the companion legislation, S 2513. It’s called “Prohibits certain dissemination of criminal history background information until record is updated.”

Unfortunately, it has not passed any committee yet before it can get to a full chamber vote.

Marijuana Expungement

The process to expunge all marijuana related offenses that happened in New Jersey during the failed War on Drugs has been long.

Legislation decriminalizing marijuana possession was passed at the same time as the cannabis market legalization effort known as CREAMMA. So simple possession cases were easy to expunge and were done automatically.

But other cases were more complicated. To make matters worse, the State and its courts and bureaucrats were very slow.

So many cannabis advocates and budding cannabis companies have held marijuana expungement clinics with a few lawyers.

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