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The New Jersey Supreme Court issued an opinion in the consolidated cases of State v. Gomes holding that individuals who previously participated in diversion programs for decriminalized minor marijuana-related offenses which had been vacated and expunged “by operation of law,” should not be categorically barred from participation in future diversion programs as the Appellate Division had previously ruled: State v. Gomes (A-64/65-21) (087192)
All of the parties and amici before the Supreme Court, except for the Middlesex County Prosecutor’s Office, argued for eligibility for pretrial intervention (PTI) for applicants who previously had conditional discharges expunged by operation of law under the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (the “Cannabis Act”). Legal Services of New Jersey (LSNJ) argued the cause for amici curiae in favor of such a harmonized reading of the statutory framework, and, further, a specific liberal reading of the expungement statute to avoid unjust and further racially discriminatory outcomes for those subject to justice treatment. LSNJ argued that, although courts are permitted to consider expunged records in evaluation of applications for diversion and supervisory treatment programs, they are not absolutely required to do so—especially in the context of records expunged by operation of law under the Cannabis Act. The Supreme Court agreed with this interpretation.
The Supreme Court’s ruling may have significant statewide impact, particularly for those previously subject to justice treatment for minor cannabis-related offenses. As has been well documented and noted by the Court, “[b]lack New Jerseyans are nearly three times more likely to be arrested for marijuana possession than white New Jerseyans, despite similar usage rates.” Moreover, diversion programs are important avenues through which those subject to certain “first time” offenses have an opportunity to avoid prosecution, criminal justice treatment, and ensuing myriad collateral consequences, and instead participate in rehabilitative and supportive programs designed to promote more favorable, just, and equitable outcomes.
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