In N.J., some offenders can erase record faster now
Javier Galindo was 22 - "young, dumb," he said - when police in Cape May County stopped the minivan he was driving and found a gun inside in 2005.
Javier Galindo was 22 - "young, dumb," he said - when police in Cape May County stopped the minivan he was driving and found a gun inside in 2005.
Galindo, a U.S. Army veteran, said he had bought the weapon legally in Texas and carried it out of habit, not knowing it was illegal in New Jersey. He was charged with unlawful possession of a weapon, served a few months behind bars, and tried to move on.
But there was a problem. The conviction would remain on his record for 10 years - the length it generally takes in New Jersey to have a crime expunged - and would follow him every time he filled out a job application.
"It's just simply depressing. You think about it all the time," said Galindo, 32, of Millville. "People are always asking, 'What are you going to do about that?' "
Now, under a state law that takes effect Monday, people such as Galindo could have a faster path to clearing their names.
Gov. Christie in January signed legislation, sponsored by Assemblyman Jerry Green (D., Union), that cuts from 10 to five years the waiting period to have certain crimes, such as Galindo's, expunged.
Drug addicts who complete court-ordered rehabilitation programs will be eligible for expungement under the new law, with some exceptions. Convicted drug dealers, for example, will not qualify unless they had 25 grams or less of marijuana, or five grams or less of hashish.
Convictions for murder, kidnapping, sexual assault, and robbery, among other crimes, still cannot be expunged.
Advocates of the law say it will give a second chance to low-level offenders or drug users who recognize their mistakes and want to put the past behind them. And that often begins with having a job.
"Employment is a cornerstone of reentry," said Akil Roper, chief counsel for reentry at Legal Services of New Jersey, an organization that helps low-income residents clear their records. "And without that, we tend to see folks going back to prison."
Galindo said he applied to a flurry of jobs and took anything he was offered, working as a pizza delivery driver and then a sales representative at Sprint.
But other employers, he said, overlooked him because he had to check the box on applications about having a criminal history.
"You get discouraged," Galindo said. "You just get sad after a while."
Last year, a law went into effect in New Jersey that prohibits employers from asking about an applicant's criminal history in the initial application process.
New Jersey is among 13 states that now have "ban the box" laws. Pennsylvania is not among them, but an expanded "ban the box" ordinance went into effect in Philadelphia in March.
Galindo, who finally had his record expunged last year with help from Legal Services of New Jersey, said he cried when the process was complete.
"A 10-year fight was over," said Galindo, who is now a homeless-outreach worker at the Veterans Multi-Service Center in Millville. "It was done."
856-779-3829 @borenmc