I 

112TH CONGRESS 

1ST SESSION H. R. 2449 

To permit expungement of records of certain nonviolent criminal offenses, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 7, 2011 

Mr. COHEN (for himself, Mr. GRIJALVA, Mr. PAYNE, Mr. JACKSON of Illinois, 

Mr. JOHNSON of Georgia, Mr. FILNER, and Mr. PIERLUISI) 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 2011’’. 

6 SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CER7 TAIN NONVIOLENT OFFENDERS. 

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

9 States Code, is amended by inserting after subchapter C 

10 the following new subchapter: 


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1 ‘‘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. 

2 ‘‘§ 3631. Expungement of certain criminal records in 

3 limited circumstances 

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

5 of a nonviolent offense may file a petition under this sub6 chapter for expungement with regard to that nonviolent 

7 offense. 

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

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

10 offense under this title that— 

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

12 defined in section 16 of title 18, United States 

13 Code); or 

14 ‘‘(2) is not an offense that, by its nature, in15 volves a substantial risk that physical force against 

16 the person or property of another may be used in 

17 the course of committing the offense. 

18 ‘‘§ 3632. Requirements for expungement 

19 ‘‘An individual is eligible for expungement under this 

20 subchapter if that individual— 

21 ‘‘(1) at the time of filing, had never been con22 victed of any criminal offense (including any offense 


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1 under State law) other than nonviolent offenses com2 mitted in a single criminal episode that includes the 

3 offense for which expungement is sought; and 

4 ‘‘(2) has fulfilled all requirements of the sen5 tence of the court in which the individual was con6 victed of that nonviolent offense, including— 

7 ‘‘(A) paying all fines, restitutions, or as8 sessments; 

9 ‘‘(B) completion of any term of imprison10 ment or period of probation; 

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

12 release; and 

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

14 sentence, remaining free from dependency on or 

15 abuse of alcohol or a controlled substance for a 

16 period of not less than 1 year. 

17 ‘‘§ 3633. Procedure for expungement 

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

19 filed only in the court in which the petitioner was con20 victed of the nonviolent offense for which expungement is 

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

22 the United States Attorney for that district. Except as 

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

24 service of such petition, the United States Attorney may 


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1 submit recommendations to the court and provide a copy 

2 of those recommendations to the petitioner. 

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

4 the Government may file with the court evidence relating 

5 to the petition. 

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

7 the petition, the court shall consider all evidence and 

8 weigh the interests of the petitioner against the best inter9 ests of justice and public safety. 

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

11 the petition, the petitioner may not file another such peti12 tion until the date that is 2 years after the date of such 

13 denial. 

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

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), the court shall grant the petition of an 

17 eligible petitioner who files the petition on a date 

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

19 the date on which the petitioner has fulfilled all re20 quirements of the sentence. The United States At21 torney may not submit recommendations under sub22 section (a) with regard to that petition. 

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

24 under this subsection the petition of a petitioner who 


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1 has committed a nonviolent offense that is one of 

2 the following: 

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

4 causes the petitioner to be required to register 

5 under the Sexual Offender Registration and 

6 Notification Act. 

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

8 causes a victim or victims to sustain a loss of 

9 not less than $25,000. 

10 ‘‘§ 3634. Effect of expungement 

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

12 under this subchapter shall restore the individual con13 cerned, in the contemplation of the law, to the status such 

14 individual occupied before the arrest or institution of 

15 criminal proceedings for the nonviolent offense that was 

16 the subject of the expungement. 

17 ‘‘(b) NO DISQUALIFICATION; STATEMENTS.—An in18 dividual whose petition under this subchapter is granted 

19 shall not be required to divulge information pertaining to 

20 the nonviolent offense with regard to which expungement 

21 is sought, nor shall such individual be held under any pro22 vision of law guilty of perjury, false answering, or making 

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

24 to recite or acknowledge such arrest or institution of 

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


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

2 that such individual has been convicted of the nonviolent 

3 offense concerned shall not operate as a disqualification 

4 of such individual to pursue or engage in any lawful activ5 ity, occupation, or profession. 

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

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

8 under this subchapter, the following shall be expunged: 

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

10 the petitioner, the institution of criminal proceedings 

11 against the petitioner, or the results thereof (includ12 ing conviction) for the nonviolent offense with regard 

13 to which expungement is sought. 

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

15 arrest of the petitioner, the institution of criminal 

16 proceedings against the petitioner, or the results 

17 thereof (including conviction) for the nonviolent of18 fense with regard to which expungement is sought. 

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

20 rules providing for exceptions to subsection (c) as the At21 torney General determines necessary to serve the interests 

22 of justice and public safety. 

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

24 references expunged under this subchapter shall be re25 stored by operation of law as public records and may be 


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1 used in all court proceedings if the individual is convicted 

2 of any Federal or State offense after the date of 

3 expungement. 

4 ‘‘§ 3635. Disclosure of expunged records 

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

6 The Attorney General shall retain an unaltered nonpublic 

7 copy of— 

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

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

10 expunged. 

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

12 General shall maintain a nonpublic index of the records 

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

14 record, only the name of, and alphanumeric identifiers 

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

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

17 agency, office, or department that has custody of the ex18 punged record, and shall not name the offense committed. 

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

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

21 or to any Federal or State law enforcement agency that 

22 has custody of such records. 

23 ‘‘(c) AUTHORIZED DISCLOSURES.— 

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), any record described in subsection (a) 


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1 pertaining to an individual may be made available 

2 only— 

3 ‘‘(A) to a Federal or State court or Fed4 eral, State, or local law enforcement agency, in 

5 the case of a criminal investigation or prosecu6 tion of an individual or in conducting a back7 ground check on an individual who has applied 

8 for employment by such court or agency; or 

9 ‘‘(B) to any State or local agency with re10 sponsibility for the issuance of licenses to pos11 sess firearms, in the case of an individual ap12 plying for such a license. 

13 ‘‘(2) AUTHORIZED DISCLOSURE TO INDIVID14 UALS.—On application of the individual to whom a 

15 record described under subsection (a) pertains, that 

16 record may be made available to the individual. 

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

18 Whoever intentionally makes or attempts to make a disclo19 sure, other than a disclosure authorized under subsection 

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

21 subchapter shall be fined under this title or imprisoned 

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

23 (b) CLERICAL AMENDMENT.—The table of sub24 chapters at the beginning of chapter 229 of title 18, 


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

2 following item: 

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

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

4 this Act shall apply to individuals convicted of an offense 

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

6 SEC. 3. INCENTIVE PAYMENTS UNDER THE BYRNE GRANTS 

7 PROGRAM FOR STATES TO IMPLEMENT CER8 TAIN EXPUNGEMENT PROCEDURES AND RE9 QUIREMENTS. 

10 Section 505 of title I of the Omnibus Crime Control 

11 and Safe Streets Act of 1968 (42 U.S.C. 3755) is amend12 ed by adding at the end the following new subsection: 

13 ‘‘(i) PAYMENT INCENTIVES FOR STATES TO IMPLE14 MENT CERTAIN EXPUNGEMENT PROCEDURES AND RE15 QUIREMENTS.— 

16 ‘‘(1) PAYMENT INCENTIVES.— 

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

18 receives funds for a fiscal year (beginning with 

19 fiscal year 2011) under this subpart and that 

20 has in effect throughout the State for such fis21 cal year laws to provide for expungement with 

22 respect to certain criminal records that are sub23 stantially similar to the Federal rights, proce24 dures, requirements, effects, and penalties set 

25 forth in subchapter D of chapter 229 of title 


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1 18, United States Code, the amount of funds 

2 that would otherwise be allocated under this 

3 subpart to such State for such fiscal year shall 

4 be increased by 5 percent. 

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

6 that receives funds for a fiscal year (beginning 

7 with fiscal year 2011) under this subpart and 

8 that does not have in effect throughout the 

9 State for such fiscal year laws to provide for 

10 expungement with respect to certain criminal 

11 records that are substantially similar to the 

12 Federal rights, procedures, requirements, ef13 fects, and penalties set forth in subchapter D of 

14 chapter 229 of title 18, United States Code, the 

15 amount of such funds that would otherwise be 

16 allocated under this subpart to such State for 

17 such fiscal year shall be decreased by 5 percent. 

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

19 submit to the Committee of the Judiciary of the 

20 House of Representatives and the Committee of the 

21 Judiciary of the Senate an annual report (which 

22 shall be made publicly available) that, with respect 

23 to the year involved— 

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

25 States which do not have) in effect throughout 


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1 the State laws to provide for expungement with 

2 respect to certain criminal records that are sub3 stantially similar to the Federal rights, proce4 dures, requirements, effects, and penalties set 

5 forth in subchapter D of chapter 229 of title 

6 18, United States Code; and 

7 ‘‘(B) describes the increases granted to 

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

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

10 the amounts that States being penalized under 

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

12 States had in effect laws described in subpara13 graph (A) of this paragraph. 

14 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

15 There is authorized to be appropriated to carry out 

16 this subsection for each of the fiscal years 2011 

17 through 2015, in addition to funds made available 

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

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

20 the total amount appropriated pursuant to such sec21 tion for such fiscal year.’’. 

Æ 


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