How to Confirm If a Pot Case Was Expunged and Receive a Certification

NOTICE TO THE BAR PROCESSES TO OBTAIN A CERTIFICATION OF EXPUNGEMENT FOR CERTAIN MARIJUANA AND HASHISH CASES IN ACCORDANCE WITH THE MARIJUANA DECRIMINALIZATION LAW The Supreme Court by Order dated July 1, 2021 provided for the dismissal, vacating, and expungement of certain marijuana and hashish cases involving offenses enumerated in the Marijuana Decriminalization Law, L. 2021, c. 19 (codified in relevant part at N.J.S.A. 2C:35-23.1 and N.J.S.A. 2C:52-6.1). Approximately 360,000 cases in the Superior Court (Criminal and Family) and in the Municipal Courts have been expunged from court case management systems. The Court in that Order required the Administrative Director of the Courts to develop and announce a process that will allow individuals to inquire as to whether their particular case has been expunged pursuant to the provisions of that order and to receive a certification confirming the expungement of their court record. Directive #24-21, issued today and published with this notice, sets out that process in detail.Directive #24-21 Criminal/Family/Municipal – Expungements – Requests for Copies of Expunged or Sealed Records; Certification of Automatic Expungement August 27, 2021 The purpose of this directive is to promulgate procedures to be used when individuals or their attorneys are seeking to obtain copies of the individual’s own expunged or sealed records or seeking a certification that their case has been automatically expunged pursuant to statute and/or Supreme Court Order. Individuals who are granted expungements or have had their records sealed in criminal, municipal, quasi-criminal, or juvenile delinquency matters are entitled to confirmation of those court-ordered or automated actions. Therefore, upon request and presentation of government issued photo identification, copies of an expungement order, a record indicating the case has been sealed, or a certification that the case was automatically expunged are to be provided to the individuals who are the subject of these records or their attorneys without the assessment of a fee. In accordance with any Supreme Court Order granting automatic expungements pursuant to N.J.S.A. 2C:52-6 and N.J.S.A. 2C:52-6.1, an expungement order granted pursuant to N.J.S.A. 2C:52-15(a), or when a case is ordered sealed from public access at the time of sentencing/adjudication, the records that are the subject of the order must be removed and/or isolated. In response to third-party requests for information or records on an expunged or sealed case, the court is required to indicate that there is no record. The restricted access to expunged or sealed records mandated by N.J.S.A. 2C:52-19 applies to third-party requestors, but not to individuals seeking copies of their own expunged records or their attorneys. To ensure adherence to confidentiality requirements surrounding expunged records, the Judiciary is able to audit staff access to the case management systems and applications that house the records and that produce the certification. https://www.njcourts.gov/attorneys/as... Directive #24-21 – Expungements – Records Requests; Certifications August 16, 2021 The procedures, request form, and order are to be used to provide expunged and sealed records to the individual who is the subject of the expunged records. The request form must be completed and presented in person along with a government-issued photo identification. It should be noted that a juvenile (under age 18) must have their parent or attorney make the request for the expunged or sealed record. Requests for a Certification of Expungement submitted by an attorney on behalf of their client will be processed centrally by the Superior Court Clerk’s Office. All other requests for expunged records submitted by an attorney on behalf of their client must be processed by the court where the expungement was granted, or where the conviction or juvenile adjudication was ordered sealed from public access. As noted on the Request Form, any individual who submits a request for expunged records and who makes a false statement under affirmation may be guilty of a crime of the fourth degree pursuant to N.J.S.A. 2C:28-2(a). Matters expunged or sealed upon the order of a Superior Court or Municipal Court judge will require an Order Permitting Release of Expunged or Sealed Records prior to providing the requested record. For automated expungements pursuant to a Supreme Court Order,1 a Certification of Expungement signed by the Superior Court Clerk of New Jersey will be provided in accordance with the attached procedures. https://www.njcourts.gov/attorneys/as... KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500