I
106TH CONGRESS
2D SESSION
H. R. 5433
To permit expungement of records of certain nonviolent criminal offenses.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 10, 2000
Mr. RANGEL 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.
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 ‘‘Second Chance for Ex-
Offenders Act of 2000’’.
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.
‘‘3632. Requirements for expungement.
‘‘3633. Procedure for expungement.
‘‘3634. Effect of expungement.
‘‘3635. Reversal of expunged records.
‘‘3636. Unsealing of records.
‘‘§ 3631. Expungement of certain criminal records
‘‘(a) IN GENERAL.—Any individual convicted of a
nonviolent criminal offense in a United States court who
fulfills the requirements of section 3632 may file a petition
under this subchapter to expunge the record of such con-
viction.
‘‘(b) DEFINITION OF NONVIOLENT CRIMINAL OF-
FENSE.—In this subchapter, the term ‘nonviolent criminal
offense’ means a misdemeanor or felony that does not have
as an element of the offense the use of a weapon or vio-
lence in its commission and which did not actually involve
violence in its commission.
‘‘§ 3632. Requirements for expungement
‘‘No individual shall be eligible for expungement
under this subchapter unless, prior to filing a petition
under this subchapter, such individual—
‘‘(1) has never been convicted of a violent mis-
demeanor or felony;
‘‘(2) has remained free from dependency on or
abuse of alcohol or a controlled substance for at
least one year;
‘‘(3) has obtained a high school diploma or
completed a high school equivalency program; and
‘‘(4) has completed at least one year of commu-
nity service, as determined by the court referred to
in section 3633(a).
‘‘§ 3633. Procedure for expungement
‘‘(a) PETITION.—An individual meeting the require-
ments of section 3632 may file a petition under this sub-
chapter with the Attorney General to expunge the record
of a conviction for a nonviolent criminal offense. Not later
than 60 days after receipt of such a petition, the Attorney
General shall submit such petition with a recommendation
regarding expungement to the United States district court
for the district in which the conviction was obtained. The
Attorney General shall notify the petitioner of his rec-
ommendation within such 60-day period. If the Attorney
General recommends expungement, the court shall grant
an order expunging the records that are the subject to
the petition.
‘‘(b) APPEAL.—If the Attorney General does not rec-
ommend expungement of the records, the petitioner may,
not later than 90 days after receiving notification from
the Attorney General of such recommendation, appeal
such denial in the United States district court for the dis-
trict in which the conviction was obtained.
‘‘§ 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 crime that was the subject
of the expungement.
‘‘(b) NO DISQUALIFICATION; STATEMENTS.—After
an order granting expungement of any individual’s crimi-
nal records under this subchapter, such individual shall
not be required to divulge information pertaining to the
expunged conviction and the fact that such individual has
been convicted of the criminal offense concerned shall
not—
‘‘(1) operate as a disqualification of such indi-
vidual to pursue or engage in any lawful activity, oc-
cupation, profession, and
‘‘(2) held under any provision of law guilty of
perjury, false answering, or making a false state-
ment by reason of his failure to recite or acknowl-
edge such arrest or institution of criminal pro-
ceedings, or results thereof, in response to an in-
quiry made of him for any purpose.
‘‘(c) RECORDS EXPUNGED OR SEALED.—Upon order
of expungement, all official law enforcement and court
records, including all references to such person’s arrest for
the offense, the institution of criminal proceedings against
him, and the results thereof, except publicly available
court opinions or briefs on appeal, shall be expunged (in
the case of nontangible records) or gathered together and
sealed (in the case of tangible records).
‘‘(d) RECORD OF DISPOSITION TO BE RETAINED.—
A nonpublic record of a disposition or conviction that is
the subject of an expungement order shall be retained only
by the Department of Justice solely for the purpose of use
by the courts in any subsequent adjudication.
‘‘§ 3635. Disclosure of expunged records
‘‘(a) LAW ENFORCEMENT PURPOSES.—The Depart-
ment of Justice may release the record of an individual’s
criminal conviction expunged under this subchapter to
Federal or State law enforcement agencies and United
States attorneys and district attorneys—
‘‘(1) for the purpose of prosecuting such indi-
vidual for any subsequent criminal offense and adju-
dicating such case; or
‘‘(2) if such individual has made an application
for employment as a law enforcement officer, if such
individual is given notice of the disclosure and an
opportunity to explain the conviction.
‘‘(b) PUNISHMENT FOR IMPROPER DISCLOSURE.—
Except as provided in subsection (a), whoever knowingly