001[Music] welcome to meet the court I'm your host Joe Johnson meet the court has brought to you as a public service by the Superior Court of New Jersey in Atlantic and Cape May County as well as the Cape May Technical High School to better inform you on the workings of a court and the role of the judiciary in our communities today we'll be discussing expungements a legal mechanism that allows individuals to reset their record after criminal convictions I am going to turn today to our guest and frequent contributor assistant trial court administrator Joe Hal Jill welcome back and thanks for being with us thank you so Joe I'm going to get right into this topic with you before your role as the assistant trial court administrator you were the criminal division manager in Atlantic and
002Cape May County so you've seen the expungement process firsthand am i correct correct yes through all the law changes over the years okay and we're gonna get into some of those law changes and the way the process works but could you tell the viewers at home what is an expungement exactly an expungement is a legal process that someone goes through where they can have their criminal records shielded from public view their criminal record isn't erased but it's redacted and it cannot be seen by employers mortgage companies colleges because your if you have a criminal record you pretty much have to disclose it no matter how long ago it was every time you apply for a job apply for a loan apply for housing apply to go to school so it can be very detrimental okay
003so this is a restorative process that allows individuals to basically take the mistakes of the past you they're not erased them but set them to the side and start their lives anew so as far as the public goes how was the public protected in the ways that the having a criminal record for folks established how are they protected and how does it help the public well it helps the public because 95% of people that are convicted of a crime end up back in society and would we rather have them you know have stable housing and a job and go to you know go to college or what would you rather them not be able to get a job because if their criminal record and then have to revert to a life of crime so it
004helps the public so what we're talking about is really pulling people back into society back into norms and allowing them to move on with their lives so Joe are there any crimes or criminal violations that would prohibit that would be prevented from being expunged or are there any crimes that can't be expunged yes crimes that you would expect or you know that you would hope would could not be expunged like murder sexual offences arson robbery your violent type offenses with if you harm a child you know those are cannot be expunged and also you have to have a minimal criminal record I mean if someone is has a lot of convictions they won't be able to get an expungement so you're talking about mid level or lower level offenses non violent offenses okay so here's
005a question I'm thinking about getting an expungement do I need an attorney to do that you don't need to have an attorney you can do it on your own there is a packet that you can fill out that's online and do the paperwork yourself the court does help you fill it out so I can seek out assistance from court staff maybe an ombudsman or something like that they can help me fill out the paperwork how about seminars are there any seminars to help individuals we have frequent seminars I just had one on Tuesday but we where we go out in the community and we people pre-register to see if they're eligible for an expungement and we gather up their records and then we walk them through the process help them fill out the paperwork waive
006the filing fee file the petition and you know walk them through the steps so you said that it allows for the record to be set aside and hidden from view from most organizations are there any organizations that have access to it even in light of an expungement if someone's applying for a job with law enforcement Corrections or with us with the Jew dish then expunged records must be disclosed or if someone ends up back in trouble again the court can view their expunged records to determine things like what would an appropriate sentence be or where should they be classified at a jail or prison so if an individual is looking to apply for a job that has say the public trust you know that is something where an expungement would be revealed or if they
007were seeking out the court after they're charged with a new offense certainly also maybe adoptions or something like that would be a place where criminal records that were expunged could be taking a look at would you say that the expungement process really helps people get their lives back on track yes definitely because if you just imagine the worst thing you've ever done you know maybe really embarrassed yourself or hurt somebody you love just imagine having to bring up that incident every single time you have a job interview like oh by the way you know this is you know 10 years ago this is what I did so you know the an expungement allows the person to move on and not have to keep reliving that every single time they try to move on in their
008lives so about how many expungements would you say are done per year are there any statistics on that yes I mean we have greatly increased our number of expungement suis three years ago we had about 600 and we're already well over 1100 for this year so that's a lot of lives that have been changed and affected in this type of way what would you say would be if someone is considering expungement what advice would you give them to get the process started and to really move themselves forward with it definitely do research there's a lot of research online South Jersey legal services has a very nice website with lots of information make sure you're eligible don't you know waste your time and money you know going through the process if you're clearly not eligible so
009you would research to find out if you're eligible and then you know do research to make sure you do the paperwork correctly and the prom now do all criminal offenses have to be expunged at one time usually yes usually they all get expunged at once it's kind of like an all-or-nothing process and our municipal offenses also brought in to that type of expungement yes municipal offenses can be expunged as well so when we return we are going to introduce a person who experienced the process of expungement and talk to that individual about the process and the effect on its life this is meet the court I'm your host Joe Johnson and we'll be back in a moment when I was in foster care I never knew when I would have to move so I always
010had my suitcase ready to go then one day I was adopted my new parents opened their hearts and hugged me my parents cooked my favorite breakfast for me every morning my parents took me on trips I never thought I was gone they gave me a home and an even better reason to use that suitcase my parents aren't perfect but they're perfect for me welcome back to meet the court I'm your host Joe Johnson and today we're discussing expungements and its effect on the lives of individuals who have sought the process today we are fortunate to have a individual who went through the expungement process and is going to share their experience now to protect their identity we have provided them a pseudonym we're not going to show their face on camera to protect their privacy
011but we are going to turn to our guest Claire thank you for joining us thanks for having me so Claire I'm gonna ask you how did we get here the meaning how did this all start how did the offenses start and where how did you go towards the expungement well I got the charge back in 98 being too selfish and you know didn't care well I did care but thought I was being slick I was working and collecting stamps and money at the same time so after I received the charge I thought my life were in from there so when I got through and clear I was charged with theft by deception with five years probation with the fines of restitution I begin that I was hired at the time for the city but they
012didn't redo my thing so I was clear with that I wanted to do other things but every time I went to apply that came up was never ashamed of it because I already accept what I have done and went on so now my process is to continue on into someone to give me a chance so I went on applied and in the casino and there they give you second chances so I work for the casino got tired of that did that for a couple years then with the medical school then when it was time for me to get higher in the medical doctor's office they occur again the same thing couldn't get hired so I just kept on striving and looking and finding something that would be suitable for me I knew with my ability
013and my skills and my education background things that I can do anything but the only thing was holding me back was my charges it's a mistake you made 20 years ago yeah was holding you back from work and opportunity in the present day and so that's when you took matters into your own hands yes and you went for the expungement well there was flyers that was in my church and I went to the first one I had in 2016 and when I got there I got the news that Mainz wasn't able to so they again the door slam in my face so there was this one young lady who's you know said that you know she would keep me in mind the next time one come up and lord behold 2018 I get a phone
014call and said that you've been on my mind and this is from the court are you been on my mind and I kept your avocation and I was true to my word we having another one come by and see I think you're eligible at this time I don't know what happened last time but you are definitely eligible so I took the fee got up and let her run all my information and she said yes you're eligible so we had it it was on the 18th of October of 2018 went through the procedure set they're listening through the whole seminar and then at the end I got the opportunity actually do the application fill it out and knew right there I just knew walking out that door at that time that yes this is it I
015am really going to be clear so I was excited so January 22nd 19 20 19 I got the call I got the letter stating that my stuff was expunged and from there it's been like miracle I mean everything is coming my way I have four jobs now so I want to get into that but I want to say that that is a just a fascinating story and that is great you know Testament not just to faith and trying to keep yourself moving forward but to the system and it working someone reaching out to you and trying to make sure that you're guided in the right path and there on the right part through the process so that is really really great so let's talk about your life now you say you have four jobs or
016job or job all right so you're working hard so tell us tell us just what other effects that just clearing your record has it let me see that I tell people all the time you know I will be your testimony to you I went out and did it don't be afraid of the system don't be afraid to go and tell them because they know everything anyway so just go and do it I know there was some other charges that wasn't able to drop you know if they have done but I made a promise to myself they would never see me in the court again that's I'm passing by saying hi so for the people out there I just say to them just go I mean because there are people out there that really care and
017I really help and and the system really does work so you talked about obstacles and some of the you know temporary setbacks that you faced if somebody else out there was facing those setbacks well advice would you have for them I would say go to the court on Superior on the Superior Court in Atlantic City or Mays Landing and start the procedure that's the only way you know if you just have to go face it don't be afraid and if you got questions there are people there the staff is wonderful they help you they go over and over and above because that's what they did for me don't even know me from a can of paint but they did and I appreciate it so with your newfound clearing with your newfound jobs you got a
018lot a lot of work got going on yeah do foul things what are there any other effects besides the work that you feel is it is a more relaxed feeling oh it's a different feeling I feel like a regular person not saying that I wasn't I just felt that there Lou that's not over me you know getting to say well you know I can't hire you because of your record you you're a good candidate for the job and we can't hire you because of that and once you get that release then but now I can go in probably and you know fill out any application and no have nowhere reason and just happy just happy and you're contributing a lot to society into the public now you've got your hands in four different places just
019talk about just generally what you think expungement is means for our society and the ability to do that it's definitely a second chance if you think your life is over or completely done don't think that way it's not because that expungement will like they say it won't take everything away I mean take it away like hitting but it will prevent the people who you're going to get hired to look beyond that there see that you're clean street and and then you'll feel better as a person you'll feel better as a person society now you can lift your head up and be able to go ahead and live now just live your life so Claire we're going to go in a moment to a break I hope you can stay with us for the next segment
020all right we're gonna bring back assistant trial court administrator Jill how we're gonna just talk about how staff because you mentioned staff being helpful so we're gonna talk about the interaction interaction of staff what staff is expected to do and get your thoughts on just the way that New Jersey works with individuals looking for expungement so we'll do that on the other side of the break this is meet the court I'm your host Joe Johnson we're coming up on a break but we'll be back with our guest Claire and Joe Houck after this message opiates has taken everything and everyone I've ever loved away from me everything I blew my ankle out and I got prescribed pain pills by my doctor if making my story public it's gonna help somebody I'm all for it I
021just wish I would had a warning opioid dependence can happen after just five days know the truth spread the truth welcome back to meet the court I'm your host Joe Johnson and we've been discussing the expungement process with our guests Jill how and our special guest Claire so I'm gonna turn back to you Jill we heard Claire in the last segment talk about just the interaction with court staff what is expected of court staff when they interact with the public about expungements well I'm supervisor of many employees and my expectation of all staff is superior quality customer service and access and fairness for everyone so everyone that walks through the door has to get respect treated with dignity kindness we go the extra mile for everyone Claire was that your experience did you feel the
022staff went the extra mile for you absolutely for them not to know me and not to judge me and just came you know just come and you know help me and by step by step I would never forget it and like I said I always talked about you know the people and how the staff what staff was and how they from the moment you walk in the door until you leave how they treat you and it's just something that it should be with all cases you know and I just want them to know I appreciate it Claire just let's just go back to that day where you walked into the courthouse for the first time to file the expungement your heart was probably racing wasn't it pounding pounding but still have fees because I was
023determined I just fellas dog all the other doors were shut on me this was going to be my opportunity - Claire everything and I did it I just I didn't give up I just wouldn't give up this time and they wouldn't let me because um everything that I asked it was you know answer back then they helped me step by step from the time I left so what's the secret to good customer service because clearly folks like Claire walk in their hearts are pounding the emotions are high they don't know what's gonna happen next and so what do you encourage staff to do when they encounter individuals like that I just encourage they have to treat everybody as if they were talking to a member of their own family I mean I've certainly had members
024of my own family have to go to a courthouse for various reasons so how do I want them to be treated when they go to court so that's how I treat people and I try to model the way as a you know division manager supervisor so when people see me interact with the public you know I'm always interacting with them in a respectful manner so Claire we're glad that you know this didn't happen this way but if the situation had been reversed if you had walked in and has been snarky or cold what type of effect do you think that would have had on your ability to move through this process it wouldn't it would it wouldn't have been good but I wouldn't gave up I still would have stayed and stuck around because there
025was going to be someone there to help me that means if I have to go Eva hire I was going to determined to do it because I wanted free I want to be free from discharge I wanted to be you know complete so so Claire this wouldn't happen in Atlanta Kirk 8 May County or even in the state of New Jersey because we know that the customer service that we provide in the court system is something that we focus on but if there was an individual from another area that experienced a discouraging encounter with someone who was court staff that had a bad day how would you tell them to recover from from that experience and to soldier on like you said you would I would tell them I met you know two people there
026and I would give them the information there I would give that person that person's name information and let them call them and tell them what experience they had and they will take it from there Joe how much advice can court staff give can they give legal advice on this process we cannot give legal advice we can give legal assistance so we cannot you know tell people you're definitely eligible your expungement is going to be granted we can just say you know if you appear to be eligible you know this is the process that you have to go through in order to complete the expungement process and when they go through that process do they go in front of a judge is there a judge component to this or there's the judge just signed the order
027to expunge if the prosecutor consents to the expungement the judge signs off on it the judge does not impose his or her own you know judgment on an expungement if the prosecutor's office consents to it then the judge signs it if the prosecutor's office objects to it and the person still feels that they are eligible for an expungement then there can be a formal hearing but it's it's normally that it's just you know goes through Claire if in your situation there wasn't a prosecutor objection am I correct now if there had been a prosecutor objection and you had to go through a more lengthy process how would you have internalized I know you said you were to soldier it on I just want your thought process of how you would have moved forward through that
028objection I would have proceeded on with with the procedure even going face to face to meet the judge just to let him know we are standing where I've been and what's been going on in my life and how I would find out what is the next step for me to do or what else that I had to do more or get more educated to get to get the expunge I would just kept on going into it was completed I think it's important and I'm glad your situation didn't require that extra effort but I think it's important to really get an understanding from someone who's been through this that if there's someone now you know headed in this direction and they want to go through the process themselves if they face some barriers to know that
029this is how you would have handled it and this is how you would tackle it because I think that that's what lends to success Jill at your expungement seminars because you said you put on seminars what is it that you all talk about what kind of information are you passing out how does it look we provide information on what the eligibility guidelines are as well as the process we usually have a pre-registration process where someone can find out beforehand if they're eligible or not or if they appear to be eligible or not and then we'll print their records and assist them with filling out the paperwork so I I originally met Claire back in 2016 and at the first expungement seminar that I did in Atlantic City and she was not eligible at that time
030and I I felt horrible telling her that she was not eligible because she had not even had a parking ticket since this incident happened in the 80s and it was like so long ago and I said you know I think the law is gonna change in a couple years and I'm like I think that you might be eligible then so the law changed on October 1st 2018 and I remembered her I actually would always talk about her at all the expungement seminars I did not by name I wouldn't say her name but I would just say you know how you know the Sun so unfortunate that she wasn't eligible and I was like I think I think you're good to go this time I think you'll be you know I wasn't a hundred percent sure
031because it was a brand new law and it hasn't you know been tapped much yet but you know I I believed my interpretation was that she would be eligible under the new law and she was so does the new law make it a little bit easier for people to have hers expunged yes and and at that October 2018 seminar that Claire referenced we had I believe about four or five individuals who were not eligible until that change in the law they were not eligible I followed up with them and asked them to come to the seminar Claire take me back you got that phone call and what was your reaction when you hung up the phone I said I hurry up then called my boyfriend and said oh my god is just another miracle it's
032another step towards me getting my life Street in and I say just for her to even consider me was enough I mean two years later to even think I had that consideration for me I still had the recording on my old phone that when she called me I kept it I did that's just how excited I am so yes she really helped me you know make my life go forward and I just can't think enough I just can't think the system enough I just really can't Claire we've got a few minutes left I want to just let you and Jill just talk for a second Joe Claire just said some really nice things about the system and the process how does that make you feel no Claire it's it's very personally gratifying thank you I
033appreciate it I thank you I really do oh you're welcome happy to help I think that the the best part of this story is that an individual who made a mistake who has been perfect since that mistake has gotten an opportunity to really move on and and when put those though the past behind them you know they come to our show and they're very happy to share their story with us but it's a story in a teachable moment for others so Claire I really appreciate you being with us here on today's show and Jill I really appreciate the effort that you and your staff exhibit every single day to help the lives of the individuals in Atlantic and Cape May County and the state more largely this is meet the court I'm your host joy
034Johnson this has been our show on expungement and we are very happy to present this part for our audience thanks for tuning in and goodbye for now [Music] [Applause] [Music] [Applause] you [Music]