New Jersey Assembly Passes Bill To Protect Privacy Of Expunged Cannabis Records

The New Jersey General Assembly unanimously passed Bill A3881 in late September, aiming to prohibit the dissemination of certain criminal history information for individuals with expunged records, including marijuana offenses. 

New Bill Aims To Prevent Discrimination

The bill addresses long-standing harms caused by the War on Drugs, particularly marijuana-related offenses. Sponsored by Assembly members Annette Quijano (D) and Ellen J. Park (D), the legislation seeks to prevent discrimination and improve access to opportunities by safeguarding erased histories during background checks.

If enacted, the State Bureau of Identification (SBI) would be required to check for unprocessed expungement orders before sharing any criminal history information. The SBI would also need to update its records to reflect any eligible expungements, ensuring outdated information does not hinder individuals seeking employment, housing or education.

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NJ Legislators Highlight Fairness And Inclusion

“This unanimous vote underscores the importance of protecting privacy and ensuring fairness in our justice system,” said Quijano in a press release. “Expungements are intended to provide individuals with a second chance, and this legislation ensures that they are not burdened by their past when it has been legally erased.”

Park added, “By removing the barriers associated with a criminal record, people gain greater access to job opportunities, housing, and education, allowing them to move forward without the weight of past mistakes.”

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Nearly 20,000 Expungements Still Pending As Senate Yet To Pass Bill

According to an April report by state’s Attorney General Matthew J. Platkin cited in the press release, there were 19,874 pending expungement cases through March 2024. The backlog prompted a class action lawsuit, leading to an Interim Consent Order in June to process expungement orders promptly.

However, despite the Assembly’s progressive step, the bill awaits further challenges in New Jersey's Senate, where it has yet to pass committee scrutiny, noted Heady NJ. State Senator Brian Stack (D) sponsored the companion legislation, S2513, which also aims to curb the improper dissemination of criminal records until they are updated.

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