OPINION
Growing up in Paterson, I saw firsthand how one mistake could follow someone for the rest of their life. Even today, I personally know individuals who have done everything society asked of them—completed treatment, stayed out of trouble, built families, held jobs—yet still struggle to move forward because of offenses that occurred decades ago.
Too many people in our community are still trying to navigate a complicated legal system and overcome mistakes made 20 or even 30 years ago. That’s why second chances aren’t just a policy issue to me—they’re personal.
One Paterson resident, Marcelyn C., 42, was convicted of a marijuana offense nearly two decades ago. He successfully completed Drug Court in 2016 and has remained drug-free for the past 12 years. After New Jersey enacted the landmark Clean Slate Act in 2019, he applied for an expungement because he believed that he had finally earned the opportunity to move on with his life. Instead, his application was denied, forcing him to start the process all over again despite years of rehabilitation and compliance. His story isn’t unique. It reflects the frustrating reality that too many New Jersey residents continue to face.
For years New Jersey has led in giving people a second chance by clearing old convictions that hold them back from jobs, housing, and education. The 2019 Clean Slate Act signed into law by Governor Phil Murphy expanded eligibility for expungement and even automatic sealing of low-level cannabis offenses. But despite these reforms, thousands still face months or years of delay before their records are expunged. The New Jersey State Police has admitted to a significant backlog—roughly 46,000 expungement orders were still awaiting processing as of late 2023. In some cases, the State Police is nearly two years behind, meaning judges’ orders to clear records are not being executed. As a result, people with court-ordered clean slates continue seeing old convictions appear on background checks, which cost them jobs, housing, volunteer opportunities, and educational opportunities.
This is why I have made expungement assistance one of my priorities. Together with Senator Benjie Wimberly and former Assemblywoman Shavonda Sumter at the state level, and former Councilwoman Vera Ames and Councilwoman Ruby Cotton locally, we have worked to bring expungement assistance directly into our neighborhoods. We have partnered with faith leaders and community institutions—including Calvary Baptist Church, St. Luke Baptist Church, and Canaan Baptist Church in Paterson—to assist hundreds of people navigating the tedious and drawn-out process.
Recognizing these challenges, I am proud to say my colleagues in the State Legislature, Assemblywomen Annette Quijano and Shanique Speight, have introduced A5095, legislation that would create the long-promised automated clean slate process. Under this bill, eligible records would be cleared without requiring individuals to file a petition, so the courts would automatically process eligible cases once statutory waiting periods have elapsed. For example, disorderly persons convictions older than five years and eligible indictable convictions older than seven years would become eligible for automatic expungement which would shorten the current ten-year timeframe. The Administrative Office of the Courts would conduct monthly reviews to identify newly eligible cases, and judges would be required to issue expungement orders within 30 days.
In short, A5095 would dramatically reduce the backlog and accelerate relief for thousands of New Jerseyans. It also requires that remaining backlogged cases be resolved by 2030. Importantly, the legislation ensures the State Police promptly update the online expungement portal and allows individuals to obtain their own expunged records free of charge which would provide much-needed transparency.
We must pass A5095—and its Senate counterpart, S4270, sponsored by Senators John Burzichelli and Teresa Ruiz—to honor New Jersey’s commitment to second chances. Every day an eligible expungement sits unprocessed represents another missed opportunity for employment, housing, education, or financial stability. Since the clean slate and cannabis reforms took effect, final expungement orders increased dramatically—from approximately 36,000 between 2018 and 2020 to more than 144,000 between 2021 and 2023—demonstrating both the need for relief and the demand for these reforms.
Protecting Immigrants, Too: A Necessary Safeguard
While we continue expanding access to expungement, we must also ensure these reforms do not unintentionally harm immigrant communities.
A New Jersey expungement removes a conviction from state records, but federal immigration law often does not recognize state expungements. As a result, the Trump administration has weaponized expungements against lawful immigrants who have legally cleared their records in New Jersey but may still have those convictions considered in deportation proceedings or immigration applications. During periods of aggressive federal immigration enforcement, immigration courts have routinely treated expunged convictions as though they still existed, often requiring immigrants to produce documentation that had already been sealed.
This creates what many advocates call the “expungement paradox” where the intention to provide a second chance can instead create additional barriers for immigrants seeking to defend themselves.
To address this problem, I have introduced two complementary pieces of legislation.
A4260, introduced with Assemblywomen Annette Quijano and Ellen Park, would ensure expunged records remain accessible to the individual—or their attorney—for immigration proceedings and other critical legal purposes. The Senate companion, S3104, is sponsored by Senator Benjie Wimberly.
A4258, introduced in the Assembly with a Senate companion sponsored by Senators Jon Bramnick and Raj Mukherji, would permit courts to vacate an expungement order for good cause, including when an expunged marijuana conviction must be reviewed during immigration proceedings. Together, these bills ensure expungement protects opportunity without compromising due process.
Criminal justice reform must be both compassionate and practical. We should remove barriers to employment and housing while ensuring immigrants retain access to records needed to protect their legal rights.
By pairing automated clean slate legislation with these important safeguards, New Jersey can fulfill its promise of second chances while protecting our most vulnerable residents.
This fall, one of my priorities will be working with my colleagues in the Legislature to advance A5095 so that eligible New Jerseyans are no longer trapped by bureaucratic backlogs. At the same time, we must enact A4260 and A4258 to ensure our immigration laws and expungement laws work together—not against one another.
Second chances should mean exactly that. They should help people move forward—not keep them looking back at mistakes they left behind decades ago.
Assemblyman Kenyatta Stewart represents the 35th Legislative District and serves as Corporation Counsel for the City of Newark.