I

107TH CONGRESS

1ST SESSION H. R. 1154

To require Federal law enforcement agencies to expunge voidable arrest

records, to provide incentive funds to States that have in effect a system

for expunging such records, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 21, 2001

Mr. NADLER (for himself, Mr. MEEKS of New York, Mr. MCGOVERN, Ms.

VELA ́ZQUEZ, Mrs. CHRISTENSEN, Mr. SERRANO, Mr. STARK, Mr. LANTOS, Ms. MCKINNEY, Ms. NORTON, Ms. WATERS, Mr. RANGEL, Mr.

PAYNE, Ms. RIVERS, Ms. CARSON of Indiana, and Ms. EDDIE BERNICE

JOHNSON of Texas) introduced the following bill; which was referred to

the Committee on the Judiciary

A BILL

To require Federal law enforcement agencies to expunge

voidable arrest records, to provide incentive funds to

States that have in effect a system for expunging such

records, 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 ‘‘Clear Your Good Name

5 Act’’.
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1 SEC. 2. REFERENCES IN FEDERAL RECORDS TO VOIDABLE

2 ARRESTS.

3 (a) IN GENERAL.—Any reference in any Federal law

4 enforcement agency record to an arrest of a person living

5 after the effective date of this Act, and any Federal law

6 enforcement agency record (such as fingerprint records or

7 photographs) generated pursuant to that arrest, shall be

8 expunged—

9 (1) not later than 30 days after the date on

10 which that arrest becomes a voidable arrest, if the

11 arrest occurred on or after the effective date of this

12 Act; or

13 (2) to the extent provided in a Federal

14 expungement order, if the arrest occurred before the

15 effective date of this Act.

16 (b) FEDERAL EXPUNGEMENT ORDER.—Any person

17 living after the effective date of this Act may petition a

18 Federal district court of competent jurisdiction for a Fed19 eral expungement order referred to in subsection (a)(2).

20 If the court finds that the arrest is a voidable arrest, the

21 court shall order the custodian of the record to expunge,

22 not later than 30 days after the receipt of the order—

23 (1) any reference to that arrest; and

24 (2) any record generated pursuant to that ar25 rest.
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1 (c) REGULATIONS.—The Attorney General shall issue

2 regulations to ensure compliance with the requirements of

3 subsection (a).

4 (d) CLASS B MISDEMEANOR.—Whoever knowingly

5 fails to expunge a reference or record required to be ex6 punged by this section, or releases a reference or record

7 required to be expunged by this section, shall be—

8 (1) guilty of a class B misdemeanor; and

9 (2) punished in accordance with title 18, United

10 States Code.

11 (e) RIGHT OF INDIVIDUAL WITH VOIDABLE AR12 REST.—If an arrest is a voidable arrest, the person ar13 rested may respond to any inquiry as though the arrest

14 did not occur, unless otherwise provided by law.

15 (f) VOIDABLE ARREST.—For purposes of this Act,

16 the term ‘‘voidable arrest’’ means any arrest resulting in

17 any of the following:

18 (1) Release of the person without the filing of

19 formal charges against the person.

20 (2) Dismissal of proceedings against the person.

21 (3) A determination that the arrest was without

22 probable cause.

23 (g) EFFECTIVE DATE.—This section shall take effect

24 on the first day of the fiscal year succeeding the first fiscal
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1 year beginning two years after the date of the enactment

2 of this Act.

3 SEC. 3. REFERENCES IN STATE RECORDS TO VOIDABLE AR4 RESTS.

5 (a) GRANT INCENTIVE.—Section 506 of title I of the

6 Omnibus Crime Control and Safe Streets Act of 1968 (42

7 U.S.C. 3756) is amended by adding at the end the fol8 lowing:

9 ‘‘(g) INCENTIVE FUNDS.—

10 ‘‘(1) IN GENERAL.—The funds available under

11 this subpart for a State shall be increased by 10

12 percent if a State has in effect throughout the State

13 a law which provides expungement procedures,

14 criminal penalties, and individual rights with respect

15 to voidable arrests that are substantially similar to

16 the Federal procedures, penalties, and rights set

17 forth in section 2 of the Clear Your Good Name Act.

18 ‘‘(2) COMPLIANCE.—The Attorney General

19 shall issue regulations to ensure compliance with the

20 requirements of paragraph (1).’’.

21 (b) CONFORMING AMENDMENT.—Subsection (a) of

22 such section is amended by striking ‘‘subsection (f),’’ and

23 inserting ‘‘subsections (f) and (g),’’.

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

25 this section shall take effect on the first day of the fiscal
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1 year succeeding the first fiscal year beginning two years

2 after the date of the enactment of this Act.

3 SEC. 4. REPORTS.

4 (a) FEDERAL ARRESTS AND EXPUNGEMENTS.—

5 After the end of each fiscal year during which section 2

6 of this Act is in effect, the Attorney General shall submit

7 to Congress a report on the implementation of that section

8 in that fiscal year. The report shall include the following

9 information:

10 (1) The number of arrests that, during that fis11 cal year, became voidable arrests.

12 (2) The number of voidable arrests the records

13 of which were, during that fiscal year, expunged

14 under section 2(a)(1) of this Act.

15 (3) The number of voidable arrests the records

16 of which were, during that fiscal year, expunged

17 under section 2(a)(2) of this Act.

18 (b) STATE ARRESTS AND EXPUNGEMENTS.—After

19 the end of each fiscal year during which subsection (g)

20 of section 506 of title I of the Omnibus Crime Control

21 and Safe Streets Act of 1968 (42 U.S.C. 3756), as added

22 by section 3 of this Act, is in effect, the Attorney General

23 shall submit to Congress a report on the implementation

24 of that subsection in that fiscal year. The report shall in-
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1 clude, for each State referred to in that subsection, the

2 following information:

3 (1) The number of arrests that, during that fis4 cal year, became voidable arrests.

5 (2) The number of voidable arrests the records

6 of which were, during that fiscal year, expunged

7 under the provision of law of that State that is sub8 stantially similar to section 2(a)(1) of this Act.

9 (3) The number of voidable arrests the records

10 of which were, during that fiscal year, expunged

11 under the provision of law of that State that is sub12 stantially similar to section 2(a)(2) of this Act.

Æ