On Sunday, New Jersey Governor Phil Murphy conditionally vetoed SB3205, which would institute multiple significant reforms to the state’s expungement law and allow individuals to petition a court to have certain convictions erased from their criminal records.
Governor Murphy’s recommendations would require the state to create an automatic clean slate expungement system for individuals with clean records for at least ten years and allow for the judicial sealing of low-level cannabis offenses so that the convictions cannot be used against them in the future.
The changes would also establish a task force to study the technological, fiscal, resource, and practical aspects of developing the expungement system and provide recommendations on how to create it.
“Providing relief for those who have served their time, and lifting the constraints placed on them from finding meaningful work, and providing for their families following a conviction and time served is a priority that I share with legislative leaders and advocates,” said Governor Murphy. “However, I believe this bill can go further for the cause of justice, and I am hopeful that we can move forward together with a bill that provides a path to automatic expungement and allows for relief for those convicted of low level-marijuana offenses.”
As written, SB3205 establishes an expedited expungement process for certain minor cannabis, hashish, and paraphernalia convictions, possibly delaying the review of standard expungement petitions.
The Governor’s changes would provide relief and avoid delays by having the court immediately seal an individual’s record upon the disposition of charges for possession or distribution of small amounts of cannabis, hashish, or related paraphernalia.
The changes would save time and money by eliminating an individual’s need to hire an attorney or deal with the large amounts of paperwork associated with the expungement process.
An electronic expungement filing system would also be created by Governor Murphy’s changes, eliminating filing fees that are required to petition for expungement and rescinding the current rule requiring individuals to send notices of the petition to various law enforcement agencies.
Governor Murphy also recommends the inclusion of amendments suggested by the Administrative Office of the Courts to address technical and procedural issues highlighted by the Judicial Branch.
