New Jersey Marijuana Expungement Attorneys
Last updated: May 2026
New Jersey legalized adult-use cannabis through the November 2020 ballot measure and the February 2021 Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization (CREAMM) Act, codified at N.J.S.A. 24:6I-1 et seq. The CREAMM Act and the companion expungement legislation (A-1897) directed the courts and the State Police to automatically vacate and expunge most low-level marijuana arrests and convictions. Petitions remain available for cases that fall outside the automatic categories.
Automatic expungement under CREAMM
Under the CREAMM Act and the companion A-1897 legislation, low-level marijuana and hashish offenses — including most possession charges, possession with intent to distribute under defined thresholds, and being under the influence offenses — were directed to be vacated and expunged on a phased schedule beginning in 2021. The New Jersey Judiciary launched the automated marijuana-vacatur and expungement process; results post to the State Police Criminal History database as records are processed.
How to confirm your record was cleared
Request your New Jersey State Police Criminal History Record from the State Bureau of Identification (SBI) and verify that the marijuana arrest or conviction no longer appears. If the matter still shows after the statutory effective date, a New Jersey expungement attorney can file a petition under N.J.S.A. 2C:52-6 (for non-convictions) or N.J.S.A. 2C:52-2 (for convictions) to clear the record, or work with the State Police Expungement Unit to correct the database.
When you still need to petition
Petition-based expungement remains the route for: marijuana-related convictions tied to a separate, non-marijuana indictable offense; distribution or trafficking charges above the CREAMM thresholds; cases that pre-date the automatic processing window and were missed; and any case where the State Police record still shows the matter despite the statute. The petition is filed in the Superior Court of the county where the case was originally heard, with service on the County Prosecutor, the Attorney General, and the State Police Expungement Unit.
Why a New Jersey attorney can help
Marijuana expungement in New Jersey sits at the intersection of three statutes — CREAMM, A-1897, and the underlying N.J.S.A. 2C:52 framework. An attorney can confirm which automatic-vacatur category applied to a specific charge, identify any companion non-marijuana counts that may need separate handling, and draft a petition for cases the automated process did not reach. ExpungeReady lists licensed New Jersey attorneys for informational purposes only; we do not endorse any attorney and do not collect referral fees.
Frequently asked questions
Was my marijuana arrest automatically expunged?
Most low-level marijuana possession and use offenses were directed to be vacated and expunged under the CREAMM Act and A-1897. Confirm by requesting your New Jersey State Police Criminal History Record. If the case still appears, a New Jersey expungement attorney can help correct the record or file a petition.
What about marijuana convictions tied to other charges?
When a marijuana count is paired with a separate non-marijuana offense, the automatic vacatur typically applies only to the marijuana count. The other count may still be expungeable under the regular N.J.S.A. 2C:52 pathway or the Clean Slate Act.
Are distribution and trafficking cases covered?
Distribution and trafficking convictions above the statutory thresholds in CREAMM are generally not covered by the automatic process. Petition-based expungement may still be available under N.J.S.A. 2C:52-2 depending on the offense grade and the petitioner's overall record.
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