SEC. 2. REFERENCES IN FEDERAL RECORDS TO VOIDABLE
ARRESTS.
(a) IN GENERAL.—Any reference in any Federal law
enforcement agency record to an arrest of a person living
after the effective date of this Act, and any Federal law
enforcement agency record (such as fingerprint records or
photographs) generated pursuant to that arrest, shall be
expunged—
(1) not later than 30 days after the date on
which that arrest becomes a voidable arrest, if the
arrest occurred on or after the effective date of this
Act; or
(2) to the extent provided in a Federal
expungement order, if the arrest occurred before the
effective date of this Act.
(b) FEDERAL EXPUNGEMENT ORDER.—Any person
living after the effective date of this Act may petition a
Federal district court of competent jurisdiction for a Fed-
eral expungement order referred to in subsection (a)(2).
If the court finds that the arrest is a voidable arrest, the
court shall order the custodian of the record to expunge,
not later than 30 days after the receipt of the order—
(1) any reference to that arrest; and
(2) any record generated pursuant to that ar-
rest.
(c) REGULATIONS.—The Attorney General shall issue
regulations to ensure compliance with the requirements of
subsection (a).
(d) CLASS B MISDEMEANOR.—Whoever knowingly
fails to expunge a reference or record required to be ex-
punged by this section, or releases a reference or record
required to be expunged by this section, shall be—
(1) guilty of a class B misdemeanor; and
(2) punished in accordance with title 18, United
States Code.
(e) RIGHT
OF INDIVIDUAL WITH VOIDABLE AR-
REST.—If an arrest is a voidable arrest, the person ar-
rested may respond to any inquiry as though the arrest
did not occur, unless otherwise provided by law.
(f) VOIDABLE ARREST.—For purposes of this Act,
the term ‘‘voidable arrest’’ means any arrest resulting in
any of the following:
(1) Release of the person without the filing of
formal charges against the person.
(2) Dismissal of proceedings against the person.
(3) A determination that the arrest was without
probable cause.
(g) EFFECTIVE DATE.—This section shall take effect
on the first day of the fiscal year succeeding the first fiscal
year beginning two years after the date of the enactment
of this Act.
SEC. 3. REFERENCES IN STATE RECORDS TO VOIDABLE AR-
RESTS.
(a) GRANT INCENTIVE.—Section 506 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3756) is amended by adding at the end the fol-
lowing:
‘‘(g) INCENTIVE FUNDS.—
‘‘(1) IN GENERAL.—The funds available under
this subpart for a State shall be increased by 10
percent if a State has in effect throughout the State
a law which provides expungement procedures,
criminal penalties, and individual rights with respect
to voidable arrests that are substantially similar to
the Federal procedures, penalties, and rights set
forth in section 2 of the Clear Your Good Name Act.
‘‘(2) 
COMPLIANCE.—The 
Attorney 
General
shall issue regulations to ensure compliance with the
requirements of paragraph (1).’’.
(b) CONFORMING AMENDMENT.—Subsection (a) of
such section is amended by striking ‘‘subsection (f),’’ and
inserting ‘‘subsections (f) and (g),’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the first day of the fiscal
year succeeding the first fiscal year beginning two years
after the date of the enactment of this Act.
SEC. 4. REPORTS.
(a) FEDERAL ARRESTS
AND EXPUNGEMENTS.—
After the end of each fiscal year during which section 2
of this Act is in effect, the Attorney General shall submit
to Congress a report on the implementation of that section
in that fiscal year. The report shall include the following
information:
(1) The number of arrests that, during that fis-
cal year, became voidable arrests.
(2) The number of voidable arrests the records
of which were, during that fiscal year, expunged
under section 2(a)(1) of this Act.
(3) The number of voidable arrests the records
of which were, during that fiscal year, expunged
under section 2(a)(2) of this Act.
(b) STATE ARRESTS AND EXPUNGEMENTS.—After
the end of each fiscal year during which subsection (g)
of section 506 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3756), as added
by section 3 of this Act, is in effect, the Attorney General
shall submit to Congress a report on the implementation
of that subsection in that fiscal year. The report shall in-
clude, for each State referred to in that subsection, the
following information:
(1) The number of arrests that, during that fis-
cal year, became voidable arrests.
(2) The number of voidable arrests the records
of which were, during that fiscal year, expunged
under the provision of law of that State that is sub-
stantially similar to section 2(a)(1) of this Act.
(3) The number of voidable arrests the records
of which were, during that fiscal year, expunged
under the provision of law of that State that is sub-
stantially similar to section 2(a)(2) of this Act.
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