Governor Phil Murphy (D) signed a bill requiring the NJ State Police to establish and maintain an online portal to check criminal records and one’s expungement status.
“Individuals seeking a second chance through expungement deserve a clear and transparent process,” Murphy declared. “This bill codifies our Administration’s commitment to ensuring justice is accessible and efficient for all.”
He argued it would allow petitioners to easily stay informed about their expungement status.
So, it should be easier to check that convictions, including those related to marijuana, have been dealt with. The process gets complicated, unfortunately, due to the nature of the system and the crime. Many pro-cannabis companies and professionals have been eager to help people.
Marijuana expungement was supposed to be automatic. More complicated cases than those with more charges have been more likely to need a lawyer to intervene.
The sheer demand for expungements after decades of arguably racist and random arrests by power-mad cops made this necessary.
Last year, Murphy and state officials announced they had made progress on the great backlog of expungement requests. There was a 117% increase in processed final expungement orders from 2022 to 2023. There was also a nearly 70% reduction in pending applications from its peak.
Marijuana Expungement Process Issues
The bill passed the legislature last October but Murphy vetoed the bill initially. He noted in a statement that a lawsuit complicated the process and the need to incorporate the settlement into legislation.
The NJ Office of the Public Defender sued the NJ State Police for slow processing expungements. So, the NJ Attorney General, State Police, and Public Defender agreed to commit to processing all expungement orders received before February 1, 2025, by June 1, 2025. They also will ensure most expungement order reviews are completed between 90 to 120 days.
“For someone waiting for an order clearing their criminal record to be processed, transparency is critical,” NJ Attorney General Matt Platkin declared.
He said the new portal will help ensure petitioners are informed of where things stand.
“The New Jersey State Police is committed to transparency and ensuring that individuals with expungement orders have a clear, accessible way to verify their status,” said Colonel Patrick J. Callahan, Superintendent of the New Jersey State Police.
Expungement Bill Details
The bill also requires the New Jersey State Police to submit and publish an annual report to the Governor and Legislature providing a status update on expungement processing.
The report would include the expungement type and the number of expungement orders received each month by expungement type. It would also include the number of expungement orders processed year-to-date and relevant information on the processing timeframe.
“We are protecting the privacy of individuals who have had their criminal records expunged. So that outdated and incorrect information does not unfairly stand in the way of getting a job, a home, and a fresh start,” said sponsor Senator Brian Stack (D-33-Hudson). “This law reaffirms our commitment to a more just justice system where rehabilitation is genuinely valued. People can move forward without the stigma of past mistakes.”
“We must do right by those still waiting for their requests to be processed and prevent outdated information from hindering their success,” said sponsor Senator Angela McKnight (D-31-Hudson). “This law, and the recent agreement to improve expungement processing, will ensure that someone’s past does not define their present.”
Helping People
She argued it would give individuals a better chance to obtain employment, pursue higher education, and build a fulfilling life.
When people with records of misdemeanors and felonies, access to many things is a lot harder. So, people often turn back to crime to make money since bosses often won’t hire people with records.
“The signing of A3881 underscores the importance of protecting privacy and ensuring fairness in our justice system,” said sponsor Assemblywoman Quijano (D-20-Union). “Expungements are intended to provide people with a second chance.”
She argued it would improve their ability to obtain housing, employment, educational opportunities, and more.
“This bill will ensure that people whose criminal records have been expunged can access the status of their expungement order, allowing them to make smart decisions when it comes to applying for jobs and housing,” said sponsor Assemblywoman Park.
“Timely expungements are crucial for individuals who have made earnest efforts to reintegrate into society when applying for jobs, housing, and other opportunities that require criminal background histories,” New Jersey State Bar Association President William H. Mergner, Jr. said.
