New Jersey Marijuana Expungement Attorneys

Reviewed: May 15, 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.

Quick answer: Marijuana Expungement in New Jersey

Important: This page provides general legal information about expungement and record sealing laws. It is not legal advice for your specific situation. Eligibility rules vary by state, county, and individual circumstances. Always consult a licensed attorney before taking any legal action.

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.

How to confirm or petition for New Jersey marijuana expungement

Request State Bureau of Identification criminal history. Obtain your New Jersey criminal-history record so you can see whether the marijuana matter has already been cleared through the automated process.
Match the offense to automatic CREAMM relief. Review the offense type and amount to determine whether the case should have been vacated and expunged automatically under the cannabis reforms.
Gather docket and certified disposition if the record still shows. Collect the case docket, certified disposition, and any judgment paperwork for a marijuana matter that remains visible.
Determine whether companion non-marijuana counts remain. Separate any non-marijuana counts from the marijuana count so you know whether the whole case or only part of it should still appear.
File petition or correction request. If the case missed the automatic process, prepare the appropriate petition or records-correction request in the county where the case was heard.
Serve prosecutor, Attorney General, and State Police. Provide the required notice to the County Prosecutor, the Attorney General, the State Police Expungement Unit, and other agencies named in the petition.
Attend hearing if needed. Appear if the court or prosecutor disputes whether the marijuana matter falls inside the automatic CREAMM categories or requires petition-based relief.
Confirm the marijuana matter is cleared. After relief is granted or corrected, re-check the New Jersey criminal-history record and public court searches to verify the marijuana case is gone.

Statutes cited

New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act — N.J.S.A. 24:6I-1 et seq.
New Jersey Statutes ? 2C:52-2 (Petition-based expungement of convictions) — N.J.S.A. 2C:52-2

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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