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Last month, Governor Murphy signed Executive Order 362 intended to expedite the speed in which clemency applications are processed, thereby extending pardons to thousands of New Jersey residents both in and outside of the state’s prisons and jails. This historic and powerfully symbolic action marks a significant step forward in New Jersey’s journey towards becoming a more equitable and just state. It cements a commitment to justice by expediting the review of certain clemency applications with a particular focus on those who have been subjected to excessive trial penalties; survivors of domestic or sexual violence incarcerated for crimes against their abusers; and those who have demonstrated significant rehabilitation and no longer pose a threat to public safety. With the signing of this Executive Order, the Murphy Administration acknowledges the profound injustices that have been perpetuated by a rigid and often unforgiving criminal legal system and affirms the basic principle that everyone deserves a chance to be restored and set free from past trauma and mistakes.
SandSJ’s advocacy has resulted in policy gains such as the closure of youth prisons; restricting of solitary confinement; voting restoration for individuals on probation and parole; as well a reduction in the state’s prison population of more than 40% during the height of the COVID 19 pandemic (the highest across the nation). While collectively we have accomplished a great deal, together we can do more still to make the seismic and necessary shift from a carceral state to one that centers justice, compassion and the humanity of all people.
In order to achieve this shift, we need to see significant steps in the expansion and effective implementation of the Clean Slate Act. In 2019, Governor Murphy signed S4154, the Clean Slate Act, into law, which created a petition process for “clean slate” expungement for residents who had not committed an offense in ten years and have not been convicted of the most serious offenses. Perhaps key to this major legislation are the provisions that required the State to implement an automated clean slate expungement system in addition to requiring the sealing of low-level marijuana convictions. Despite the state’s efforts, more than 4 years following the signing of this major legislation, New Jersey’s expungement system continues to be marred by extreme backlogs and a process that largely places the onus on residents to navigate a complex and onerous system.
The Clean Slate Act has the potential to provide a lifeline to countless individuals who, despite having paid their debt to society, remain shackled by their criminal records. By providing these individuals with the opportunity to clear their records after remaining crime-free for a substantial period, New Jersey is offering a second chance to those deserving of a clean slate. This move not only benefits the individuals directly affected but also strengthens our communities by removing barriers to employment, housing, and full societal participation. Therefore, we must continue to engage stakeholders and policymakers to examine and assess current challenges and make the necessary improvements to restore the dignity and enfranchisement of those who have been marginalized by the criminal legal system. This aligns with the theological principles of redemption and justice, advocating for a society where all individuals, regardless of their past, are afforded the opportunity to rebuild their lives and contribute to their communities.
Equally transformative is the "Second Look" initiative (S2338/A4463), aimed at addressing New Jersey’s growing aging prison population. Despite the release of more than 8,000 adults and youth from New Jersey prisons, this state continues to lead the nation with some of the highest rates of incarcerated seniors. In New Jersey, one out of 5 people in state prisons are older than age 50 despite evidence showing they are less likely to commit new crimes. Additionally, an aging prison population costs taxpayers hundreds of thousands of dollars a year to keep them locked up instead of allowing them to return to their communities surrounded by their support networks. S2338/A4463 would allow incarcerated seniors age 60 and over who have served at least 20 years of their sentence and have demonstrated to be no risk to public safety an opportunity to petition the court for resentencing. This legislation is grounded in science about public safety and recidivism and recognizes the humanity of all people.
These policies underscore a fundamental truth: justice is not static. It must evolve to reflect our growing understanding of fairness, rehabilitation, and the human capacity for change. For far too long, our criminal legal system has been a one-way street, focused more on retribution than on redemption. These policies signify a pivotal shift towards a more balanced and humane approach towards public safety. It exemplifies the essence of our theological teachings rooted in a commitment to restorative justice, forgiveness, redemption, and the inherent worth of every person. It provides a tangible pathway for those who have been incarcerated to reclaim their lives, reintegrate into society, and contribute positively to their communities, while embodying the theological call for grace and the belief in the possibility of transformation. Addressing the deep-rooted inequities that have long plagued our criminal legal system, are not merely bureaucratic adjustments; rather they are a recognition of the intrinsic value of every human being and a testament to New Jersey's commitment to a fairer society.
As New Jersey steps into this new era of criminal justice reform, let us embrace these changes with the understanding that that which liberates Black people, liberates us all.
Our clean slate work is ramping up with new partnerships, projects, and opportunities to help people expunge their criminal records. Check out this documentary about the expungement clinic SandSJ hosted in Trenton and hear the stories of those most impacted by (and now FREED from) their criminal records.
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