SEALING OF MARIJUANA OR HASHISH RECORDS IN NEW JERSEY EXPANDS:

Sealing of Certain Marijuana or Hashish Records Pursuant to N.J.S.A. 20:52-5.2 Directive 08-21:

This Directive promulgates the process for sealing records from public access on order of the court at the time of sentencing for a criminal conviction or juvenile adjudication of certain marijuana or hashish offenses in accordance with the statutory amendments to N.J.S.A. 20:52-5.2, and the marijuana decriminalization laws enacted by L. 2021, c. 19.

Additionally, Attorney General Law Enforcement Directive #2021-1, "Directive Governing Dismissals of Certain Pending Marijuana Charges” (issued February 22, 2021), instructs prosecutors to seek dismissal of certain pending marijuana-related charges against either a juvenile or an adult where the conduct occurred on or before February 22, 2021.

The court at the time of sentencing shall order the records of the courts, probation services, and law enforcement agencies to be sealed from the public for a criminal conviction or juvenile adjudication that solely includes the following offense(s): 

• N.J.S.A. 20:35-5(b)(12)(b)1 –  Distribution of marijuana in a quantity of one ounce or less or hashish in a quantity of five grams or less; or 

• N.J.S.A. 20:35-5(b)(12)(b) and a violation of N.J.S.A. 20:35-7 on or within 1000 feet of school property and/or a violation of N.J.S.A. 20:35 7.1 on or within 500 feet of a public housing facility, public park, or public building; or N.J.S.A. 20:35-10(a)(3)(b) - possession of marijuana in a quantity of more than six ounces or hashish in a quantity of more than 17 grams. This Directive also promulgates three revised forms and two new forms for use effective immediately.

For further information, contact Kevin at kevin@kmckernan.com or 718-317-5007