How We Do Justice Matters - A Veteran’s Journey to a Fresh Start
*Client’s name has been changed to protect and ensure their privacy.
According to the Center for American Progress, nearly 70 to 100 million Americans—roughly 1 in 3 adults—have a record of incarceration, conviction, or arrest. The staggering number of American adults with some form of a criminal record directly stems from decades of mass incarceration and overcriminalization. This widespread issue disproportionately affects communities of color, exacerbating economic and social inequalities in the United States.
It is then no surprise that having a criminal record can significantly impact a person’s ability to secure employment, housing, and educational opportunities. These social barriers make it harder for individuals to successfully transition back into society or avoid reoffending. The harsh reality is that 9 in 10 employers, 4 in 5 landlords, and 3 in 5 colleges and universities use background checks to decide who to hire, rent to, or admit.
In a legal context, expungement is the erasure or removal of criminal convictions or arrests from public records, effectively making it as if the incident never happened (in short, clearing a criminal record). For individuals with criminal records, the door of opportunity often remains shut—but, thankfully, expungement provides a key. Criminal record expungement helps make the revolving door between prison and society turn less frequently.
Brenton is a former U.S. Marine who connected with Volunteer Lawyers for Justice (VLJ) when seeking assistance with several legal matters. Among them was a criminal record that had been holding him back for decades. Brenton’s journey toward clearing his criminal record began in April 2024 when he attended VLJ’s Veterans Legal Clinic. Initially, Brenton sought guidance on a separate legal concern but also expressed interest in expunging his record.
After reviewing his case, VLJ discovered his record included a 1995 disorderly persons offense and a 2015 domestic contempt charge, the latter having been dismissed. Regarding the charge from 1995, Brenton stated, “This record was from 25 years ago and it was something so small. I did not go to jail nor prison and unbeknownst to me it would follow me like a thorn in my side.” Brenton elaborated, “It was something so simple in which the police and prosecutor told me I just had to pay a fine and [the charges] will be taken care of. But, what I did not know is that it would be a mark on my record.”
Despite the dated, minor nature of the disorderly persons offense and the dismissal of the contempt charge, this unexpected barrier has been hindering him for decades. These charges continued to surface during background checks, complicated his employment opportunities, and even interfered with routine tasks like filing for a new passport, applying for a gun license, and receiving deliveries. Often, Brenton would have to visit the local police department to get clearance for packages to be delivered to his home.
Years ago, when Brenton first attempted to clear his record, the process was far more complicated—before the digital age, paper records were stored in filing cabinets, making retrieval and corrections a daunting task. Frustrated by the complexity, he eventually let the issue go. However, determined to finally resolve the matter, Brenton decided to try again and reached out to VLJ.
After attending a Veterans Legal Clinic, the VLJ team referred Brenton’s case to VLJ’s ReLeSe (Reentry Legal Services) Program. From there, ReLeSe Program staff guided Brenton through the process of obtaining his criminal history, an effort requiring fingerprinting and multiple agency requests. As months passed, Brenton became understandably frustrated with the wait time for developments in his case, unsure of what progress—if any—was being made. VLJ staff reassured him, explaining the extensive process and that they were actively working to find a volunteer attorney willing to take his case for extended service. In September 2024, Brenton’s case was successfully placed with pro bono attorney Adam Herbst, who quickly moved forward with filing the expungement petition.
At long last, in November 2024, Brenton’s expungement was granted—a long-awaited resolution that lifted a nearly 30-year-old burden. In Brenton’s words, “Now that my expungement has been granted, it feels like a weight lifted off my shoulders.” Brenton expressed deep appreciation for VLJ and his volunteer attorney, noting the professionalism and dedication from his legal team that made the process feel effortless despite the hurdles he faced in the past.
Brenton’s persistence and strength were the catalyst for realizing the future he wanted to live, and his case is a testament to the life-changing impact pro bono can have. What may seem like a simple administrative process can be an overwhelming challenge to those unfamiliar with the legal system. Working with dedicated VLJ staff and volunteers, Brenton was able to finally move forward—unburdened by the past and free to embrace new opportunities. His story embodies VLJ’s efforts to use civil legal services to bring about stability and prosperity for neighbors and community members across New Jersey.
Congratulations, Brenton, and cheers to the future that lies ahead!
““I want to thank Volunteer Lawyers for Justice for their services. I am very appreciative of all that you guys do. This record was from 25 years ago and it was something so small. I did not go to jail nor prison and unbeknownst to me it would follow me like a thorn on my side. It was something so simple in which the police and prosecutor told me I just had to pay a fine and it will be taken care of. But what I did not know is that it would be a mark on my record. This record caused undue stress and delay in a lot of processes such as going through background checks for employment opportunities, filing for my passport, and even getting items mailed to my house. Often times, I had to go to the local police department to get the clearance for the items to be shipped to my house. Back then when I had originally try to get this off of my record it was before there were computers and things were in file cabinets. So, it was just a hassle so I let it go for sometime. But I just decided that I would try again so that is when I reached out to VLJ and the attorney that I worked with was so knowledgeable and very professional, and it was very comforting working with him as he made it appeared that getting the record expunged would be a walk in the park. I want to thank VLJ for the services that you guys have provided, now that my expungement has been granted it feels like a weight lifted off of my shoulders. Thank you so much VLJ!””
Because how we do justice matters.