I 

111TH CONGRESS 

2D SESSION H. R. 5492 

To permit expungement of records of certain nonviolent criminal offenses, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 9, 2010 

Mr. COHEN (for himself, Mr. CONYERS, Mr. DAVIS of Illinois, Mr. CLEAVER, 

Mr. JACKSON of Illinois, Ms. FUDGE, Mr. GUTIERREZ, Ms. MOORE of 

Wisconsin, Mr. PAYNE, Mr. RANGEL, Mr. WATT, Mr. JOHNSON of Georgia, Ms. LEE of California, Mr. DELAHUNT, and Mr. HASTINGS of Florida) introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To permit expungement of records of certain nonviolent 

criminal offenses, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fresh Start Act of 

5 2010’’. 


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1 SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CER2 TAIN NONVIOLENT OFFENDERS. 

3 (a) IN GENERAL.—Chapter 229 of title 18, United 

4 States Code, is amended by inserting after subchapter C 

5 the following new subchapter: 

6 ‘‘SUBCHAPTER D—EXPUNGEMENT 

‘‘Sec. 

‘‘3631. Expungement of certain criminal records in limited circumstances. 

‘‘3632. Requirements for expungement. 

‘‘3633. Procedure for expungement. 

‘‘3634. Effect of expungement. 

‘‘3635. Reversal of expunged records. 

7 ‘‘§ 3631. Expungement of certain criminal records in 

8 limited circumstances 

9 ‘‘(a) IN GENERAL.—Any eligible individual convicted 

10 of a nonviolent offense may file a petition under this sub11 chapter for expungement with regard to that nonviolent 

12 offense. 

13 ‘‘(b) DEFINITION OF NONVIOLENT OFFENSE.—In 

14 this subchapter, the term ‘nonviolent offense’ means any 

15 offense under this title that— 

16 ‘‘(1) is not a crime of violence (as such term is 

17 defined in section 16 of title 18, United States 

18 Code); or 

19 ‘‘(2) is not an offense that, by its nature, in20 volves a substantial risk that physical force against 

21 the person or property of another may be used in 

22 the course of committing the offense. 


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1 ‘‘§ 3632. Requirements for expungement 

2 ‘‘An individual is eligible for expungement under this 

3 subchapter if that individual— 

4 ‘‘(1) at the time of filing, had never been con5 victed of any criminal offense (including any offense 

6 under State law) other than the nonviolent offense 

7 for which expungement is sought; and 

8 ‘‘(2) has fulfilled all requirements of the sen9 tence of the court in which the individual was con10 victed of that nonviolent offense, including— 

11 ‘‘(A) paying all fines, restitutions, or as12 sessments; 

13 ‘‘(B) completion of any term of imprison14 ment or period of probation; 

15 ‘‘(C) meeting all conditions of a supervised 

16 release; and 

17 ‘‘(D) if so required by the terms of the 

18 sentence, remaining free from dependency on or 

19 abuse of alcohol or a controlled substance for a 

20 period of not less than 1 year. 

21 ‘‘§ 3633. Procedure for expungement 

22 ‘‘(a) PETITION.—A petition for expungement may be 

23 filed only in the court in which the petitioner was con24 victed of the nonviolent offense for which expungement is 

25 sought. The clerk of the court shall serve that petition on 

26 the United States Attorney for that district. Except as 


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1 provided under subsection (d), not later than 60 days after 

2 service of such petition, the United States Attorney may 

3 submit recommendations to the court and provide a copy 

4 of those recommendations to the petitioner. 

5 ‘‘(b) SUBMISSION OF EVIDENCE.—The petitioner and 

6 the Government may file with the court evidence relating 

7 to the petition. 

8 ‘‘(c) BASIS FOR DECISION.—In making a decision on 

9 the petition, the court shall consider all evidence and 

10 weigh the interests of the petitioner against the best inter11 ests of justice and public safety. 

12 ‘‘(d) SUBSEQUENT PETITION.—If the court denies 

13 the petition, the petitioner may not file another such peti14 tion until the date that is 2 years after the date of such 

15 denial. 

16 ‘‘(e) MANDATORY GRANT OF PETITION.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), the court shall grant the petition of an 

19 eligible petitioner who files the petition on a date 

20 that is not earlier than the date that is 7 years after 

21 the date on which the petitioner has fulfilled all re22 quirements of the sentence. The United States At23 torney may not submit recommendations under sub24 section (a) with regard to that petition. 


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1 ‘‘(2) EXCEPTIONS.—The court may not grant 

2 under this subsection the petition of a petitioner who 

3 has committed a nonviolent offense that is one of 

4 the following: 

5 ‘‘(A) Any offense under this title that 

6 causes the petitioner to be required to register 

7 under the Sexual Offender Registration and 

8 Notification Act. 

9 ‘‘(B) Any offense under this title that 

10 causes a victim or victims to sustain a loss of 

11 not less than $10,000. 

12 ‘‘§ 3634. Effect of expungement 

13 ‘‘(a) IN GENERAL.—An order granting expungement 

14 under this subchapter shall restore the individual con15 cerned, in the contemplation of the law, to the status such 

16 individual occupied before the arrest or institution of 

17 criminal proceedings for the nonviolent offense that was 

18 the subject of the expungement. 

19 ‘‘(b) NO DISQUALIFICATION; STATEMENTS.—An in20 dividual whose petition under this subchapter is granted 

21 shall not be required to divulge information pertaining to 

22 the nonviolent offense with regard to which expungement 

23 is sought, nor shall such individual be held under any pro24 vision of law guilty of perjury, false answering, or making 

25 a false statement by reason of the failure of the individual 


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1 to recite or acknowledge such arrest or institution of 

2 criminal proceedings, or results thereof, in response to an 

3 inquiry made of the individual for any purpose. The fact 

4 that such individual has been convicted of the nonviolent 

5 offense concerned shall not operate as a disqualification 

6 of such individual to pursue or engage in any lawful activ7 ity, occupation, or profession. 

8 ‘‘(c) RECORDS EXPUNGED OR SEALED.—Except as 

9 provided under section 3635, on the grant of a petition 

10 under this subchapter, the following shall be expunged: 

11 ‘‘(1) Any official record relating to the arrest of 

12 the petitioner, the institution of criminal proceedings 

13 against the petitioner, or the results thereof (includ14 ing conviction) for the nonviolent offense with regard 

15 to which expungement is sought. 

16 ‘‘(2) Any reference in any official record to the 

17 arrest of the petitioner, the institution of criminal 

18 proceedings against the petitioner, or the results 

19 thereof (including conviction) for the nonviolent of20 fense with regard to which expungement is sought. 

21 ‘‘(d) EXCEPTIONS.—The Attorney General may make 

22 rules providing for exceptions to subsection (c) as the At23 torney General determines necessary to serve the interests 

24 of justice and public safety. 


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1 ‘‘(e) REVERSAL OF EXPUNGEMENT.—The records or 

2 references expunged under this subchapter shall be re3 stored by operation of law as public records and may be 

4 used in all court proceedings if the individual is convicted 

5 of any Federal or State offense after the date of 

6 expungement. 

7 ‘‘§ 3635. Disclosure of expunged records 

8 ‘‘(a) RECORD OF DISPOSITION TO BE RETAINED.— 

9 The Attorney General shall retain an unaltered nonpublic 

10 copy of— 

11 ‘‘(1) any record that is expunged; and 

12 ‘‘(2) any record containing a reference that is 

13 expunged. 

14 ‘‘(b) LAW ENFORCEMENT PURPOSES.—The Attorney 

15 General shall maintain a nonpublic index of the records 

16 described under subsection (a) containing, for each such 

17 record, only the name of, and alphanumeric identifiers 

18 that relate to, the individual who is the subject of such 

19 record, the word ‘expunged’, and the name of the person, 

20 agency, office, or department that has custody of the ex21 punged record, and shall not name the offense committed. 

22 The index shall be made available only to an entity to 

23 which records may be made available under subsection (d) 

24 or to any Federal or State law enforcement agency that 

25 has custody of such records. 


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1 ‘‘(c) AUTHORIZED DISCLOSURES.— 

2 ‘‘(1) IN GENERAL.—Except as provided in para3 graph (2), any record described in subsection (a) 

4 pertaining to an individual may be made available 

5 only— 

6 ‘‘(A) to a Federal or State court or Fed7 eral, State, or local law enforcement agency, in 

8 the case of a criminal investigation or prosecu9 tion of an individual or in conducting a back10 ground check on an individual who has applied 

11 for employment by such court or agency; or 

12 ‘‘(B) to any State or local agency with re13 sponsibility for the issuance of licenses to pos14 sess firearms, in the case of an individual ap15 plying for such a license. 

16 ‘‘(2) AUTHORIZED DISCLOSURE TO INDIVID17 UALS.—On application of the individual to whom a 

18 record described under subsection (a) pertains, that 

19 record may be made available to the individual. 

20 ‘‘(d) PUNISHMENT FOR IMPROPER DISCLOSURE.— 

21 Whoever intentionally makes or attempts to make a disclo22 sure, other than a disclosure authorized under subsection 

23 (c), of any record or reference that is expunged under this 

24 subchapter shall be fined under this title or imprisoned 

25 not more than one year, or both.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sub2 chapters at the beginning of chapter 229 of title 18, 

3 United States Code, is amended by adding at the end the 

4 following item: 

‘‘D. Expungement ............................................................................... 3631’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this Act shall apply to individuals convicted of an offense 

7 before, on, or after the date of enactment of this Act. 

8 SEC. 3. INCENTIVE PAYMENTS UNDER THE BYRNE GRANTS 

9 PROGRAM FOR STATES TO IMPLEMENT CER10 TAIN EXPUNGEMENT PROCEDURES AND RE11 QUIREMENTS. 

12 Section 505 of title I of the Omnibus Crime Control 

13 and Safe Streets Act of 1968 (42 U.S.C. 3755) is amend14 ed by adding at the end the following new subsection: 

15 ‘‘(i) PAYMENT INCENTIVES FOR STATES TO IMPLE16 MENT CERTAIN EXPUNGEMENT PROCEDURES AND RE17 QUIREMENTS.— 

18 ‘‘(1) PAYMENT INCENTIVES.— 

19 ‘‘(A) BONUS.—In the case of a State that 

20 receives funds for a fiscal year (beginning with 

21 fiscal year 2011) under this subpart and that 

22 has in effect throughout the State for such fis23 cal year laws to provide for expungement with 

24 respect to certain criminal records that are sub25 stantially similar to the Federal rights, proceVerDate Mar 15 2010 02:50 Jun 10, 2010 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5492.IH H5492

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1 dures, requirements, effects, and penalties set 

2 forth in subchapter D of Chapter 229 of title 

3 18, United States Code, the amount of funds 

4 that would otherwise be allocated under this 

5 subpart to such State for such fiscal year shall 

6 be increased by 5 percent. 

7 ‘‘(B) PENALTY.—In the case of a State 

8 that receives funds for a fiscal year (beginning 

9 with fiscal year 2011) under this subpart and 

10 that does not have in effect throughout the 

11 State for such fiscal year laws to provide for 

12 expungement with respect to certain criminal 

13 records that are substantially similar to the 

14 Federal rights, procedures, requirements, ef15 fects, and penalties set forth in subchapter D of 

16 Chapter 229 of title 18, United States Code, 

17 the amount of such funds that would otherwise 

18 be allocated under this subpart to such State 

19 for such fiscal year shall be decreased by 5 per20 cent. 

21 ‘‘(2) REPORTS.—The Attorney General shall 

22 submit to the Committee of the Judiciary of the 

23 House of Representatives and the Committee of the 

24 Judiciary of the Senate an annual report (which 


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1 shall be made publicly available) that, with respect 

2 to the year involved— 

3 ‘‘(A) lists the States that have (and those 

4 States which do not have) in effect throughout 

5 the State laws to provide for expungement with 

6 respect to certain criminal records that are sub7 stantially similar to the Federal rights, proce8 dures, requirements, effects, and penalties set 

9 forth in subchapter D of Chapter 229 of title 

10 18, United States Code; and 

11 ‘‘(B) describes the increases granted to 

12 States under paragraph (1)(A), the penalties 

13 imposed on States under paragraph (1)(B), and 

14 the amounts that States being penalized under 

15 paragraph (1)(B) would have received if such 

16 States had in effect laws described in subpara17 graph (A) of this paragraph. 

18 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

19 There is authorized to be appropriated to carry out 

20 this subsection for each of the fiscal years 2011 

21 through 2015, in addition to funds made available 

22 under section 508, such sums as may be necessary, 

23 but not to exceed the amount that is 5 percent of 


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1 the total amount appropriated pursuant to such sec2 tion for such fiscal year.’’. 

Æ 


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