Changes to Marijuana-Related Expungements (Part 20)

by | Mar 13, 2020 | Blog, Criminal Law, Drug Crime, Marijuana, Monmouth County, New Jersey, Ocean County

The amendments to N.J.S.A. 2C: 52-6 continue:

(3) Upon establishment of the automated process pursuant to this subsection, any pending “clean slate” expungement petitions filed pursuant to section 7 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) shall be rendered moot and shall be withdrawn or dismissed in accordance with procedures established by the Supreme Court.

b. (1) (a) There is established a task force for the purpose of examining, evaluating, and making recommendations regarding the development and implementation of the automated process

described in subsection a. of this section, by which all of a person’s convictions, and all records and information pertaining thereto, shall be rendered inaccessible to the public.

(b) The task force shall consist of at least the following members:

The Chief Technology Officer of the Office of Information Technology, or a designee or designees;

The Attorney General, or a designee or designees, one or more of whom may be members of the State Bureau of Identification and the Information Technology Bureau in the Division of State Police designated by the Superintendent of the State Police;

The Administrative Director of the Courts, or a designee or designees;

The Director of Information Technology for the Administrative Office of the Courts, or a designee or designees;

The Commissioner of the Department of Corrections, or a designee or designees;

The President of the New Jersey County Jail Wardens

Association, or a designee or designees;

The President of the New Jersey State Association of Chiefs of Police, or a designee or designees;

Two members of the Senate, who shall each be of different political parties, appointed by the Governor upon the recommendation of the Senate President;

Two members of the General Assembly, who shall each be of different political parties, appointed by the Governor upon the recommendation of the Speaker of the General Assembly;  Two members of academic institutions or non-profit entities appointed by the Governor who each have a background in, or special knowledge of, computer technology, database management, or recordkeeping processes; and

Four members of the public appointed by the Governor who each have a background in, or special knowledge of, the technological, criminal record or legal processes of expungement, or criminal history recordkeeping, of which two of whom shall be appointed by the Governor upon recommendation of the Senate President and two of whom shall be appointed by the Governor upon recommendation of the Speaker of the General Assembly.

The sub-section contains an important provision regarding the dismissal of all “clean slate” expungement petitions that are pending at the time that the new “clean slate” statute is enacted. Petitioners would be wise to avoid any filings just before the new bill becomes law. Otherwise, they risk dismissal and the concomitant waste of: time, resources, filing fees and certified mailing fees.