Last reviewed . Law current as of October 2026.
Often, yes. Under N.J.S.A. 2C:52-6.1, many New Jersey marijuana and hashish cases from before February 22, 2021, including possession, being under the influence, related paraphernalia, and certain smaller-amount distribution charges, were expunged by operation of law, with no petition needed. Any remaining sentence, supervision, or unpaid court-ordered financial assessment for those cases was vacated.
What the law did
The 2021 decriminalization law (P.L.2021, c.19) added N.J.S.A. 2C:52-6.1. For qualifying cases that happened before the law took effect, the statute says the records are expunged by operation of law, so no petition is needed for those cases.
Cases generally covered
- Possession, use, or being under the influence of marijuana or hashish (N.J.S.A. 2C:35-10)
- Paraphernalia used with that marijuana or hashish (N.J.S.A. 2C:36-2)
- Certain distribution or intent-to-distribute charges involving smaller amounts, including related school-zone or public-zone charges
- Disorderly persons marijuana offenses resolved by conditional discharge
Larger-amount distribution and cases that involved other drugs or other charges are not cleared by this section. Check the details of your case.
How it affects PTI
In State v. Gomes, 253 N.J. 6 (2023) (opinion), the Court held that a prior marijuana conditional discharge expunged this way cannot categorically bar a person from PTI. If you have a new charge and an old marijuana case, tell us; it can matter.
How to check
Court and State Police records should reflect the expungement. If a background check still shows an old marijuana case, or you are not sure whether your case qualified, we can review it. For current marijuana rules, see marijuana law in New Jersey.
Frequently asked questions
Do I need to file anything to expunge an old marijuana possession case in NJ?
For qualifying cases from before February 22, 2021, no. N.J.S.A. 2C:52-6.1 expunged them by operation of law.
Does an old marijuana conditional discharge stop me from getting PTI?
Not automatically. In State v. Gomes (2023), the Supreme Court held that an expunged pre-2021 marijuana conditional discharge cannot categorically bar PTI.
Are all old drug cases cleared?
No. The automatic expungement covers listed marijuana and hashish offenses, not other drugs or larger-amount distribution.
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.