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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5492 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fresh Start Act of 2010''.

SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN NONVIOLENT 
              OFFENDERS.

    (a) In General.--Chapter 229 of title 18, United States Code, is 
amended by inserting after subchapter C the following new subchapter:

                      ``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.
``Sec. 3631. Expungement of certain criminal records in limited 
              circumstances
    ``(a) In General.--Any eligible individual convicted of a 
nonviolent offense may file a petition under this subchapter for 
expungement with regard to that nonviolent offense.
    ``(b) Definition of Nonviolent Offense.--In this subchapter, the 
term `nonviolent offense' means any offense under this title that--
            ``(1) is not a crime of violence (as such term is defined 
        in section 16 of title 18, United States Code); or
            ``(2) is not an offense that, by its nature, involves a 
        substantial risk that physical force against the person or 
        property of another may be used in the course of committing the 
        offense.
``Sec. 3632. Requirements for expungement
    ``An individual is eligible for expungement under this subchapter 
if that individual--
            ``(1) at the time of filing, had never been convicted of 
        any criminal offense (including any offense under State law) 
        other than the nonviolent offense for which expungement is 
        sought; and
            ``(2) has fulfilled all requirements of the sentence of the 
        court in which the individual was convicted of that nonviolent 
        offense, including--
                    ``(A) paying all fines, restitutions, or 
                assessments;
                    ``(B) completion of any term of imprisonment or 
                period of probation;
                    ``(C) meeting all conditions of a supervised 
                release; and
                    ``(D) if so required by the terms of the sentence, 
                remaining free from dependency on or abuse of alcohol 
                or a controlled substance for a period of not less than 
                1 year.
``Sec. 3633. Procedure for expungement
    ``(a) Petition.--A petition for expungement may be filed only in 
the court in which the petitioner was convicted of the nonviolent 
offense for which expungement is sought. The clerk of the court shall 
serve that petition on the United States Attorney for that district. 
Except as provided under subsection (d), not later than 60 days after 
service of such petition, the United States Attorney may submit 
recommendations to the court and provide a copy of those 
recommendations to the petitioner.
    ``(b) Submission of Evidence.--The petitioner and the Government 
may file with the court evidence relating to the petition.
    ``(c) Basis for Decision.--In making a decision on the petition, 
the court shall consider all evidence and weigh the interests of the 
petitioner against the best interests of justice and public safety.
    ``(d) Subsequent Petition.--If the court denies the petition, the 
petitioner may not file another such petition until the date that is 2 
years after the date of such denial.
    ``(e) Mandatory Grant of Petition.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        court shall grant the petition of an eligible petitioner who 
        files the petition on a date that is not earlier than the date 
        that is 7 years after the date on which the petitioner has 
        fulfilled all requirements of the sentence. The United States 
        Attorney may not submit recommendations under subsection (a) 
        with regard to that petition.
            ``(2) Exceptions.--The court may not grant under this 
        subsection the petition of a petitioner who has committed a 
        nonviolent offense that is one of the following:
                    ``(A) Any offense under this title that causes the 
                petitioner to be required to register under the Sexual 
                Offender Registration and Notification Act.
                    ``(B) Any offense under this title that causes a 
                victim or victims to sustain a loss of not less than 
                $10,000.
``Sec. 3634. Effect of expungement
    ``(a) In General.--An order granting expungement under this 
subchapter shall restore the individual concerned, in the contemplation 
of the law, to the status such individual occupied before the arrest or 
institution of criminal proceedings for the nonviolent offense that was 
the subject of the expungement.
    ``(b) No Disqualification; Statements.--An individual whose 
petition under this subchapter is granted shall not be required to 
divulge information pertaining to the nonviolent offense with regard to 
which expungement is sought, nor shall such individual be held under 
any provision of law guilty of perjury, false answering, or making a 
false statement by reason of the failure of the individual to recite or 
acknowledge such arrest or institution of criminal proceedings, or 
results thereof, in response to an inquiry made of the individual for 
any purpose. The fact that such individual has been convicted of the 
nonviolent offense concerned shall not operate as a disqualification of 
such individual to pursue or engage in any lawful activity, occupation, 
or profession.
    ``(c) Records Expunged or Sealed.--Except as provided under section 
3635, on the grant of a petition under this subchapter, the following 
shall be expunged:
            ``(1) Any official record relating to the arrest of the 
        petitioner, the institution of criminal proceedings against the 
        petitioner, or the results thereof (including conviction) for 
        the nonviolent offense with regard to which expungement is 
        sought.
            ``(2) Any reference in any official record to the arrest of 
        the petitioner, the institution of criminal proceedings against 
        the petitioner, or the results thereof (including conviction) 
        for the nonviolent offense with regard to which expungement is 
        sought.
    ``(d) Exceptions.--The Attorney General may make rules providing 
for exceptions to subsection (c) as the Attorney General determines 
necessary to serve the interests of justice and public safety.
    ``(e) Reversal of Expungement.--The records or references expunged 
under this subchapter shall be restored by operation of law as public 
records and may be used in all court proceedings if the individual is 
convicted of any Federal or State offense after the date of 
expungement.
``Sec. 3635. Disclosure of expunged records
    ``(a) Record of Disposition To Be Retained.--The Attorney General 
shall retain an unaltered nonpublic copy of--
            ``(1) any record that is expunged; and
            ``(2) any record containing a reference that is expunged.
    ``(b) Law Enforcement Purposes.--The Attorney General shall 
maintain a nonpublic index of the records described under subsection 
(a) containing, for each such record, only the name of, and 
alphanumeric identifiers that relate to, the individual who is the 
subject of such record, the word `expunged', and the name of the 
person, agency, office, or department that has custody of the expunged 
record, and shall not name the offense committed. The index shall be 
made available only to an entity to which records may be made available 
under subsection (d) or to any Federal or State law enforcement agency 
that has custody of such records.
    ``(c) Authorized Disclosures.--
            ``(1) In general.--Except as provided in paragraph (2), any 
        record described in subsection (a) pertaining to an individual 
        may be made available only--
                    ``(A) to a Federal or State court or Federal, 
                State, or local law enforcement agency, in the case of 
                a criminal investigation or prosecution of an 
                individual or in conducting a background check on an 
                individual who has applied for employment by such court 
                or agency; or
                    ``(B) to any State or local agency with 
                responsibility for the issuance of licenses to possess 
                firearms, in the case of an individual applying for 
                such a license.
            ``(2) Authorized disclosure to individuals.--On application 
        of the individual to whom a record described under subsection 
        (a) pertains, that record may be made available to the 
        individual.
    ``(d) Punishment for Improper Disclosure.--Whoever intentionally 
makes or attempts to make a disclosure, other than a disclosure 
authorized under subsection (c), of any record or reference that is 
expunged under this subchapter shall be fined under this title or 
imprisoned not more than one year, or both.''.
    (b) Clerical Amendment.--The table of subchapters at the beginning 
of chapter 229 of title 18, United States Code, is amended by adding at 
the end the following item:

``D. Expungement............................................    3631''.
    (c) Effective Date.--The amendments made by this Act shall apply to 
individuals convicted of an offense before, on, or after the date of 
enactment of this Act.

SEC. 3. INCENTIVE PAYMENTS UNDER THE BYRNE GRANTS PROGRAM FOR STATES TO 
              IMPLEMENT CERTAIN EXPUNGEMENT PROCEDURES AND 
              REQUIREMENTS.

    Section 505 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3755) is amended by adding at the end 
the following new subsection:
    ``(i) Payment Incentives for States To Implement Certain 
Expungement Procedures and Requirements.--
            ``(1) Payment incentives.--
                    ``(A) Bonus.--In the case of a State that receives 
                funds for a fiscal year (beginning with fiscal year 
                2011) under this subpart and that has in effect 
                throughout the State for such fiscal year laws to 
                provide for expungement with respect to certain 
                criminal records that are substantially similar to the 
                Federal rights, procedures, requirements, effects, and 
                penalties set forth in subchapter D of Chapter 229 of 
                title 18, United States Code, the amount of funds that 
                would otherwise be allocated under this subpart to such 
                State for such fiscal year shall be increased by 5 
                percent.
                    ``(B) Penalty.--In the case of a State that 
                receives funds for a fiscal year (beginning with fiscal 
                year 2011) under this subpart and that does not have in 
                effect throughout the State for such fiscal year laws 
                to provide for expungement with respect to certain 
                criminal records that are substantially similar to the 
                Federal rights, procedures, requirements, effects, and 
                penalties set forth in subchapter D of Chapter 229 of 
                title 18, United States Code, the amount of such funds 
                that would otherwise be allocated under this subpart to 
                such State for such fiscal year shall be decreased by 5 
                percent.
            ``(2) Reports.--The Attorney General shall submit to the 
        Committee of the Judiciary of the House of Representatives and 
        the Committee of the Judiciary of the Senate an annual report 
        (which shall be made publicly available) that, with respect to 
        the year involved--
                    ``(A) lists the States that have (and those States 
                which do not have) in effect throughout the State laws 
                to provide for expungement with respect to certain 
                criminal records that are substantially similar to the 
                Federal rights, procedures, requirements, effects, and 
                penalties set forth in subchapter D of Chapter 229 of 
                title 18, United States Code; and
                    ``(B) describes the increases granted to States 
                under paragraph (1)(A), the penalties imposed on States 
                under paragraph (1)(B), and the amounts that States 
                being penalized under paragraph (1)(B) would have 
                received if such States had in effect laws described in 
                subparagraph (A) of this paragraph.
            ``(3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection for each of the 
        fiscal years 2011 through 2015, in addition to funds made 
        available under section 508, such sums as may be necessary, but 
        not to exceed the amount that is 5 percent of the total amount 
        appropriated pursuant to such section for such fiscal year.''.
                                 <all>
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