Essex, Hudson Lawmakers Want To Make Expungements Easier In NJ

When you’ve got a criminal record in New Jersey, the punishment often doesn’t end at the courthouse.

For many New Jersey residents who are convicted of crimes – even for charges as simple as a disorderly person offense – a single bad choice can mean a lifetime of hardship. For example, criminal record can make it a Herculean task to find a job, rent a decent apartment or even serve in the military.

But a proposed law would help to ease that burden, its sponsors say.

On Monday, Nov. 26, a state Senate Budget and Appropriations Committee cleared S-3205, a bill that would expand eligibility for criminal record expungement. (Read more about expungements in New Jersey here)

“After someone has been convicted of a crime and served their sentence, their criminal history follows them for the rest of their life,” said one of the bill’s sponsors, Senator M. Teresa Ruiz, who represents Belleville and Newark in Essex County.

“This has been a driving force of the cycle of poverty for decades, fracturing families and negatively impacting communities of color for far too long,” Ruiz said. “It is time that we give New Jerseyans a true second chance after proving they have been rehabilitated.”

Senator Sandra Cunningham, who represents Bayonne and Jersey City in Hudson County, said that for many Americans, a criminal conviction creates a life-long handicap.

“Expanding the scope of expungement will remove these barriers for many individuals deserving of a second chance, providing them with a clean slate after proving that have been rehabilitated,” Cunningham said.

The proposed law cleared committee by a vote of 9-3-1 on Monday. It now heads to the full Senate for further consideration.

According to Ruiz and Cunningham, here are some details of the bill:

• It would establish a “clean slate” expungement, which would allow someone convicted of multiple crimes or disorderly persons offenses and who is ineligible under current provisions to apply for expungement
• The individual would be eligible 10 years from the date they were released, or completed probation/parole, whichever came last
• Convictions for controlled dangerous substance crimes would be treated the same as other crimes and offenses in terms of eligibility
• The bill would allow for disorderly persons and petty disorderly persons offenses to receive automatic expungement in certain instances
• Those who are still working to pay off fines would be eligible (collections would be transferred to the State Treasurer)

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