By James Gee
Imagine if someone committed a crime when they were in their twenties that required them to serve two years in prison, but due to a system error, they were held until they were 50. For nearly 30 years, this person was in prison despite being eligible for release decades earlier. The second the story broke, there would be a national outcry at the injustice.
Sadly, this isn’t a hypothetical. This is the reality for countless people across New Jersey. Many individuals who committed crimes decades ago, served their time, and are eligible to have those records expunged are trapped in a virtual prison, unaware of how to access expungement. Despite being eligible for the freedom of a fresh start, they live smaller lives, avoiding situations where their past record may be an issue. Meanwhile, someone in the same situation will have received an expungement the moment they were eligible and resumed their regular life, simply because they had the resources and the knowledge to do it.
For the past year, in partnership with legislators, the New Jersey Office of the Public Defender, Volunteers of America Delaware Valley, community barbershops, and churches from across the state, STONO Public Affairs has hosted nine “expungement clinics” in cities across the state. These clinics were designed to assist people who may be eligible for an expungement of a past crime but are unaware of how to access it. STONO worked purposely to bring these services out of government buildings directly to the community with the help of barbershop owners and faith leaders.
What we found is that thousands of people are being held hostage by the worst day of their lives. Even when people have recovered, matured, worked hard to change their lives, and demonstrated that for over 20 years they have not had one other incident involving law enforcement, they are still trapped by what happened on that one bad day.
But that one bad day ultimately impacts us all. The lingering impact of that one day leads people to avoid better employment opportunities, presuming they will be denied. As a result, entire communities that would otherwise be eligible for jobs where there are critical vacancies, like health care, do not bother applying and take lesser-paying jobs, impacting their ability to support themselves and the overall economy.
Housing is another area in which criminal records often present barriers. Landlords in more “desirable neighborhoods,” in areas closer to better schools, are more likely to do background checks, excluding individuals who have more than served their time, and furthering the state’s segregation problem. The lingering effects of that one bad day may make people ineligible for homeownership or educational or training opportunities that could lift their families out of poverty. More than anything, it denies them the simple dignity of being judged by who they are and not what they did 20 years ago.
The faces and crowds at our expungement clinics point to the historic over policing of Black and brown communities. When faced with the choice of arrest, grace is rarely an option for these individuals. Over the years, the courts have shown a commitment to alternatives to incarceration. However, the large turnout at these events indicates that a commitment to alternatives to arrest may be more necessary.
Additionally, we observed that many people are not eligible for expungement because their crime was classified as a “terroristic threat” at the time of arrest. Often, this threat was made during a heated argument or fight. Given our recent history, it is understandable that a terroristic threat should always be taken seriously and remain on one’s record. However, the definition should be refined to ensure the description is accurate. A threat made in the heat of the moment is distinct from a threat intended to advance terrorism.
Legal expungement can be life-changing for those affected, but it is often overlooked by those who are not impacted. New Jersey Public Defender Jen Sellitti deserves praise for making this process accessible by bringing expungement lawyers to the community. This effort is creating new opportunities for entire communities who have long felt left behind and forgotten. Despite changes that come with a new administration, it is crucial to continue prioritizing expungement assistance in 2026 and beyond.
James Gee is founder of STONO Public Affairs.
