I 
114TH CONGRESS 
2D SESSION 
H. R. 4410 
To permit expungement of records of certain nonviolent criminal offenses, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 1, 2016 
Mr. COHEN (for himself, Ms. NORTON, Mr. BLUMENAUER, Ms. MOORE, Mr. 
GRIJALVA, and Mr. JOHNSON of Georgia) 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fresh Start Act of 
2016’’. 
SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CER-
TAIN NONVIOLENT OFFENDERS. 
(a) IN GENERAL.—Chapter 229 of title 18, United 
States Code, is amended by inserting after subchapter C 
the following new subchapter: 
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‘‘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. 
‘‘§ 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 sub-
chapter 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, in-
volves a substantial risk that physical force against 
the person or property of another may be used in 
the course of committing the offense. 
‘‘§ 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 con-
victed of any criminal offense (including any offense 
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under State law) other than nonviolent offenses com-
mitted in a single criminal episode that includes the 
offense for which expungement is sought; and 
‘‘(2) has fulfilled all requirements of the sen-
tence of the court in which the individual was con-
victed of that nonviolent offense, including— 
‘‘(A) paying all fines, restitutions, or as-
sessments; 
‘‘(B) completion of any term of imprison-
ment 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. 
‘‘§ 3633. Procedure for expungement 
‘‘(a) PETITION.—A petition for expungement may be 
filed only in the court in which the petitioner was con-
victed 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 
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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 inter-
ests of justice and public safety. 
‘‘(d) SUBSEQUENT PETITION.—If the court denies 
the petition, the petitioner may not file another such peti-
tion 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 para-
graph (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 re-
quirements of the sentence. The United States At-
torney may not submit recommendations under sub-
section (a) with regard to that petition. 
‘‘(2) EXCEPTIONS.—The court may not grant 
under this subsection the petition of a petitioner who 
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