I 
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 Geor-
gia, Ms. LEE of California, Mr. DELAHUNT, and Mr. HASTINGS of Flor-
ida) 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 
2010’’. 
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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: 
‘‘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. 
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‘‘§ 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 
under State law) other than the nonviolent 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 
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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 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. 
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‘‘(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. 
‘‘§ 3634. Effect of expungement 
‘‘(a) IN GENERAL.—An order granting expungement 
under this subchapter shall restore the individual con-
cerned, 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 in-
dividual 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 pro-
vision of law guilty of perjury, false answering, or making 
a false statement by reason of the failure of the individual 
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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 activ-
ity, 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 (includ-
ing 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 of-
fense with regard to which expungement is sought. 
‘‘(d) EXCEPTIONS.—The Attorney General may make 
rules providing for exceptions to subsection (c) as the At-
torney General determines necessary to serve the interests 
of justice and public safety. 
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‘‘(e) REVERSAL OF EXPUNGEMENT.—The records or 
references expunged under this subchapter shall be re-
stored 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. 
‘‘§ 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 ex-
punged 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. 
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‘‘(c) AUTHORIZED DISCLOSURES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), any record described in subsection (a) 
pertaining to an individual may be made available 
only— 
‘‘(A) to a Federal or State court or Fed-
eral, State, or local law enforcement agency, in 
the case of a criminal investigation or prosecu-
tion of an individual or in conducting a back-
ground check on an individual who has applied 
for employment by such court or agency; or 
‘‘(B) to any State or local agency with re-
sponsibility for the issuance of licenses to pos-
sess firearms, in the case of an individual ap-
plying for such a license. 
‘‘(2) AUTHORIZED
DISCLOSURE
TO
INDIVID-
UALS.—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 disclo-
sure, 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.’’. 
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(b) CLERICAL AMENDMENT.—The table of sub-
chapters 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 CER-
TAIN EXPUNGEMENT PROCEDURES AND RE-
QUIREMENTS. 
Section 505 of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3755) is amend-
ed by adding at the end the following new subsection: 
‘‘(i) PAYMENT INCENTIVES FOR STATES TO IMPLE-
MENT CERTAIN EXPUNGEMENT PROCEDURES AND RE-
QUIREMENTS.— 
‘‘(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 fis-
cal year laws to provide for expungement with 
respect to certain criminal records that are sub-
stantially similar to the Federal rights, proce-
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dures, 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, ef-
fects, 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 per-
cent. 
‘‘(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 
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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 sub-
stantially similar to the Federal rights, proce-
dures, 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 subpara-
graph (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 
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the total amount appropriated pursuant to such sec-
tion for such fiscal year.’’. 
Æ 
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