“Those who are happiest are those who do the most for others”
–Booker T. Washington
On November 30, 2023, Attorney Anthony Cherry participated in the Monmouth County Expungement Clinic at St. Stephens AMEZ Church in Asbury Park, New Jersey. The event paired experienced attorneys with individuals who wanted to get their records expunged.
Check out what Attorney Anthony Cherry says about the importance of expungements and the Monmouth County Expungement Clinic.
What is an expungement?
An expungement is simply the legal term for clearing or erasing a criminal record. Once someone’s record is expunged, it will be as if they have never committed a crime legally.
Why are expungements important?
The reason expungements are essential is apparent: it’s better to have a clean criminal record than to have a record. More specifically, having a clean criminal record will create opportunities and give some peace of mind. In New Jersey and every other State in the nation, having a criminal record is like wearing a scarlet letter. Prior convictions may be considered during the employment, housing, or school applications. These are some of the most necessities our society expects law-abiding citizens to have. Yet, with a criminal record, someone can be discriminated against and refused access to these basic needs.
Even in the courtroom, a criminal record could be why a defendant decides not to testify. Under our evidentiary rules, which govern what evidence can be presented at trial, a person’s prior convictions may be a basis to challenge their credibility. The logic behind that rule is grounded in the idea that a person with prior convictions is inherently less credible than someone who has no previous conviction.
So, yes, wanting an expungement is something anyone with a criminal record should wish to do.
How would someone get their record expunged?
In New Jersey, it’s become much easier to get an expungement. There has been a push from both the prosecutors and defense attorneys to organize free expungement clinics throughout the State. At these clinics, a person can walk in, talk to an attorney, and file for an expungement within 15 minutes. Now, I can’t speak of how long they might have to stand in line, but the point is, it is much faster to file for an expungement than one might think. The reason why filing a petition for an expungement is faster is because filing for an expungement is now done on the computer.
I recommend you speak to an attorney because convictions might be barred from an expungement and time requirements. For example, if you have been convicted of murder, you cannot get your record expunged.
What were your highlights from the Monmouth County Expungement Clinic?
The greatest highlight was seeing the person’s face when I told them I could file for their expungement. Their eyes beamed with the reality that they now know they will have more opportunities.
But the whole event was a highlight! When I arrived, there was a line wrapped around the building, and that line stayed steady throughout the event. In the end, over 300 people showed up to see if they could get their records expunged. I helped about 10 to 15 people and submitted five petitions for an expungement.
It was also beautiful that many different agencies and organizations came to help and support the event. Initially, I had reservations about the Monmouth County Prosecutor’s Office’s involvement (largely because of optics), but I have to tip my hat off to the prosecutor who helped.
Finally, I must thank the Monmouth County Public Defender’s office. Nearly every lawyer from the office showed up to help the community, and it is always a highlight to be around great attorneys who want to support the community they serve.
What are some takeaways from the Monmouth County Expungement Clinic?
As great as seeing all public defenders and prosecutors supporting the community was, it was disappointing to see no other private attorney participating. Unless I missed them, I was the only private attorney present! I hope the next expungement clinic sees more excellent support from other private attorneys.
However, the biggest takeaway I shared with multiple people at the event is the need to change the laws, barring certain convictions from ever being expunged. I recall at least two individuals who had one prior conviction over 20-30 years ago that I could not help simply because of the charge on their record. One of the individuals had a prior drug distribution charge from 1989 and no other offense since. Based on the current law, that 34-year-old conviction will remain on his criminal record forever. This event encouraged me to speak out on this issue and push for a change in the law regarding expungements and barred convictions.
In a country that has attempted to redefine its image throughout its history, the United States should not allow a person’s past transgressions to haunt them forever, especially when they have lived a law-abiding life for multiple decades.
Philosophy the expungement process is a wonderful idea, but in practice the process is ineffective because the courts are a logjam because it’s not treated as a priority and it takes approximately two years or more to get an expungement done, thus the petitioner is still held in a tailspin because conviction is held against them for two, or more years. In New Jersey it has been reported that 46,000 expungement petitions are pending.
You are absolutely correct. The logjam is ridiculous!