[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6667 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 6667
To permit expungement of records of certain nonviolent criminal
offenses, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 9, 2022
Mr. Cohen (for himself, Mr. Johnson of Georgia, Mr. Carson, and Ms.
Norton) 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fresh Start Act of 2022''.
SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN NONVIOLENT
OFFENDERS.
(a) In General.--Chapter 229 of title 18, United States Code, is
amended by inserting after subchapter D the following new subchapter:
``SUBCHAPTER E--EXPUNGEMENT
``Sec.
``3641. Expungement of certain criminal records in limited
circumstances.
``3642. Requirements for expungement.
``3643. Procedure for expungement.
``3644. Effect of expungement.
``3645. Disclosure of expunged records.
``Sec. 3641. 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 subchapter 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 or under
the Controlled Substances Act (8 U.S.C. 801 et seq.) that is not a
crime of violence.
``(c) Definition of Crime of Violence.--In this subchapter, the
term `crime of violence' means an offense, punishable by one year or
more in the prison, that--
``(1) has as an element the use, attempted use, or
threatened use of physical force against the person or property
of another;
``(2) involves the unlawful possession, sale, transfer, or
use of a firearm, explosive, or other deadly weapon, or the
attempt thereof; or
``(3) causes the petitioner to be required to register
under the Sex Offender Registration and Notification Act (34
U.S.C. 20901 et seq.).
``Sec. 3642. Requirements for expungement
``An individual is eligible for expungement under this subchapter
if that individual--
``(1) at the time of filing, had never been convicted of
any criminal offense other than nonviolent offenses committed
in a single criminal episode that includes the offense for
which expungement is sought; and
``(2) has fulfilled the requirements of the sentence of the
court in which the individual was convicted of that nonviolent
offense, including--
``(A) paying, or consistently fulfilling
obligations of a payment plan for, all applicable
fines, restitutions, or assessments;
``(B) completion of any term of imprisonment or
period of probation;
``(C) meeting all conditions of 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.
If extenuating circumstances prevent an individual from fulfilling the
requirements of the sentence, as required under paragraph (2), the
court, in its discretion, may waive a portion of such requirement.
``Sec. 3643. Procedure for expungement
``(a) Petition.--A petition for expungement may be filed only in
the court in which the petitioner was convicted 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 (e), 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) Appointment of Counsel.--The court shall appoint counsel upon
the request of an indigent petitioner to represent the petitioner in
proceedings under this subchapter, including the preparation of a
petition or subsequent petition under this section.
``(c) Submission of Evidence.--The petitioner and the Government
may file with the court evidence relating to the petition.
``(d) Basis for Decision.--In making a decision on the petition,
the court shall consider all evidence and weigh the interests of the
petitioner, the best interests of justice, and public safety.
``(e) Subsequent Petition.--If the court denies the petition, the
petitioner may not file another such petition until the date that is 2
years after the date of such denial.
``(f) Mandatory Grant of Petition.--
``(1) In general.--Except as provided in paragraph (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 the requirements of the sentence, as described in
section 3642(2). The United States Attorney may not submit
recommendations under subsection (a) with regard to that
petition.
``(2) Exceptions.--The court shall not grant under this
subsection the petition of a petitioner who has committed any
offense under this title that caused a victim or victims to
sustain a loss of $25,000 or more.
``(g) Discretionary Grant of Petition.--
``(1) In general.--Except as provided in paragraph (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 1 year after the date on which the petitioner has
fulfilled the requirements of the sentence, as described in
section 3642(2).
``(2) Exceptions.--The court shall not grant under this
subsection the petition of a petitioner who has committed any
offense under this title that caused a victim or victims to
sustain a loss of $250,000 or more.
``(3) Notification of expungement.--Not later than 7 days
after granting an expungement petition, in order to facilitate
the timely update of relevant records, the court shall send a
copy of the petition and final order to--
``(A) the Attorney General of the United States;
``(B) the chief law enforcement officer of the
State in which the crime was committed;
``(C) the chief law enforcement officer of the
State in which the petitioner resides;
``(D) any local law enforcement agency that serves
the jurisdiction in which the crime was committed; and
``(E) any local law enforcement agency that serves
the jurisdiction in which petitioner resides.
``Sec. 3644. Effect of expungement
``(a) In General.--An order granting expungement under this
subchapter shall restore the individual concerned, 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) Sentencing.--In determining an appropriate sentence for
unrelated subsequent criminal conduct, a court of the United States
shall not consider an expunged criminal conviction for the purposes of
determining the appropriate sentencing range pursuant to the United
States Sentencing Guidelines, or to sentence a person outside of that
sentencing range.
``(c) No Disqualification; Statements.--An individual whose
petition under this subchapter is granted shall not be required to
divulge information pertaining to the nonviolent offense with regard to
which expungement was granted, nor shall such individual be held under
any provision of law guilty of perjury, false answering, or making a
false statement by reason of the failure of the individual 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 activity, occupation,
or profession.
``(d) Records Expunged.--Except as provided under section 3645, 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 (including 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 offense with regard to which expungement is
sought.
``(e) Exceptions.--The Attorney General may make rules providing
for exceptions to subsection (d) as the Attorney General determines
necessary to serve the interests of justice and public safety.
``Sec. 3645. Disclosure of expunged records
``(a) Department of Justice Records.--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 expunged
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.
``(c) Court Records.--The court shall retain an unaltered nonpublic
copy of--
``(1) any record that is expunged; and
``(2) any record containing a reference that is expunged.
``(d) Authorized Disclosures.--
``(1) In general.--Except as provided in paragraph (2), any
record described in subsection (a) pertaining to an individual
may be made available only--
``(A) to the petitioner;
``(B) to a Federal or State court or Federal,
State, or local law enforcement agency, in the case of
a criminal investigation or prosecution of an
individual or in conducting a background check on an
individual who has applied for employment by such court
or agency; or
``(C) to a Federal or State court or Federal,
State, or local law enforcement agency for the
exclusive purpose of maintaining accurate official
records.
``(2) Authorized disclosure to individuals.--On application
of the petitioner, the record may be available to an individual
identified in the petitioner's application.
``(e) Punishment for Improper Disclosure.--Whoever intentionally
makes or attempts to make a disclosure, other than a disclosure
authorized under subsection (d), 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.''.
(b) Clerical Amendment.--The table of subchapters at the beginning
of chapter 229 of title 18, United States Code, is amended by adding at
the end the following item:
``E. Expungement............................................ 3641''.
(c) Effective Date.--The amendments made by this Act shall apply to
individuals convicted of an offense before, on, or after the date of
the enactment of this Act.
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