Last verified: March 2026

New Jersey's Commitment to Cannabis Justice

When New Jersey voters approved Public Question 1 in November 2020 with 67% support, the campaign was built largely on a promise of racial justice. Black residents in New Jersey had been 3.5 times more likely to be arrested for marijuana than white residents, despite comparable usage rates. Legalization alone was not enough — the state also needed to address the hundreds of thousands of people carrying criminal records for conduct that was no longer illegal.

The CREAMM Act (Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act), signed by Governor Murphy on February 22, 2021, included sweeping expungement provisions designed to clear those records. Senate President Nick Scutari was instrumental in championing these provisions, insisting that the legalization bill include meaningful criminal justice reform.

What the CREAMM Act Expungement Covers

The CREAMM Act mandated expungement of prior marijuana offenses across a broad range of conduct that is now legal or decriminalized in New Jersey. Covered offenses include:

• Possession of marijuana — arrests, charges, and convictions for simple possession under former NJ law
• Distribution of marijuana — certain distribution offenses involving amounts consistent with personal use or small-scale activity
• Related paraphernalia offenses — charges for cannabis-related paraphernalia that would now be legal
• Arrests that did not lead to conviction — the law covers arrest records and charges, not just convictions

Automatic vs. Petition-Based Expungement

New Jersey's expungement process operates on two tracks:

Automatic Expungement

For many marijuana offenses, expungement is automatic — meaning affected individuals do not need to take any action. The state's courts and law enforcement agencies are required to identify and clear qualifying records on their own. This applies to:

• Convictions for possession of up to 6 ounces of marijuana
• Convictions for possession of marijuana-related paraphernalia
• Arrests and charges that did not result in conviction for marijuana offenses
• Minor marijuana distribution offenses as specified in the CREAMM Act

The automatic expungement process has been implemented through the New Jersey courts, with the Administrative Office of the Courts working to identify and process qualifying records systematically.

Petition-Based Expungement

Some cannabis-related offenses require the individual to file a petition with the Superior Court in the county where the conviction occurred. This typically includes:

• More serious distribution convictions that are not covered by the automatic process
• Cases where the marijuana offense was combined with other charges
• Situations where records were not identified by the automatic process

Petition-based expungement requires completing court forms, paying a filing fee (which may be waived for financial hardship), and potentially attending a court hearing. Free legal aid is available through several organizations (see below).

Impact of Expungement

When a marijuana record is expunged in New Jersey, it is treated as if the arrest or conviction never occurred. This means:

• Employment: Expunged records do not appear on standard background checks, removing a significant barrier to employment. You are legally permitted to answer "no" when asked if you have a criminal record.
• Housing: Landlords cannot access expunged records, removing barriers to rental applications.
• Education: Expunged records cannot be used to deny admission to educational institutions or financial aid eligibility.
• Professional licensing: Most professional licensing boards cannot consider expunged offenses.
• Immigration: While expungement provides state-level relief, individuals with immigration concerns should consult an immigration attorney, as federal agencies may retain separate records.

Free Legal Aid & Expungement Resources

Several organizations provide free assistance with cannabis expungement in New Jersey:

Minorities for Medical Marijuana (M4MM) — NJ Chapter

minorities4medicalmarijuana.org

M4MM NJ holds regular free expungement clinics across the state, connecting individuals with volunteer attorneys who can assist with petition preparation, court filings, and navigating the legal process. These clinics also provide wraparound services including job readiness support and community referrals.

NJ United for Marijuana Reform (NJUMR)

njumr.org

The ACLU-led coalition that championed Question 1 continues to monitor the implementation of expungement provisions and advocates for individuals whose records have not yet been cleared through the automatic process.

Legal Services of New Jersey

lsnj.org | LSNJLAWSM Hotline: 1-888-LSNJ-LAW (1-888-792-4955)

Legal Services of New Jersey provides free legal assistance to low-income residents, including help with expungement petitions. Their hotline can connect you with a local legal aid office.

Volunteer Lawyers for Justice

vljnj.org

VLJ operates expungement clinics in Essex County and surrounding areas, providing free legal representation to individuals seeking to clear their records.

How to Check If Your Record Has Been Expunged

1. Request your criminal history record. You can obtain your NJ criminal history through the New Jersey State Police Records and Identification Section. A fingerprint-based check provides the most complete record.
2. Check with the court. Contact the Superior Court Clerk's office in the county where your case was adjudicated to verify whether your record has been processed through the automatic expungement system.
3. If your record has not been cleared, contact one of the legal aid organizations listed above for free help filing a petition.

Timeline of NJ Cannabis Criminal Justice Reforms

The CREAMM Act mandated the automatic expungement of arrests, charges, and convictions for marijuana offenses that are no longer criminal under New Jersey law. Senate President Nick Scutari was instrumental in ensuring these provisions were included in the legalization framework.

NJ Cannabis Regulatory Commission — CREAMM Act