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eNewsletter: February 28, 2007
Federal Criminal Record Expungement
U.S. Representative Charles Rangel (D-NY) has introduced H.R. 623, the Second Chance for Ex-Offenders Act of 2007, a bill that would permit the expungement of criminal records for certain individuals convicted of federal nonviolent offenses. The bill would amend the federal criminal code to allow individuals to file petitions for expungement of nonviolent federal criminal records.
Individuals seeking to have their criminal records expunged would be required to have:
- Never been convicted of a violent offense or any other nonviolent offense other than the one for which the expungement is sought;
- Fulfilled all of the requirements of the sentence of the court in which conviction was obtained; Be deemed rehabilitated by the court and have remained free from alcohol or substance dependence for at least one year;
- Received a high school diploma or completed a GED equivalency program; and
- Completed at least one year of community service.
If a person met these criteria, he or she could file an expungement petition in the court where they were adjudicated. The petition would be served on the U.S. Attorney for the district. Within 60 days, the U.S. Attorney would be required to submit recommendations to the court and notify the petitioner. The presiding court would then review the individual’s eligibility requirements and weigh the interests of the petitioner against the best interests of justice and public safety and make a determination.
Under the proposal, the expungement order would restore the criminal record of the individual to the status that it was before the arrest or institution of criminal proceedings for the crime that was the subject of the expungement. After expungement was granted, individuals would not be required to divulge information about the expungement. That would mean that the conviction would no longer disqualify any individual from pursuing or engaging in lawful activities, occupations or professions. The expungement would be reversed and the individual’s record would be restored only if the person was subsequently convicted of a federal or state offense.
Under H.R. 623, all official court and law enforcement records would be sealed and expunged. The only thing remaining would be a nonpublic record of the disposition or conviction which would be held by the Department of Justice. That information could only to be used by the courts in any subsequent adjudication. The nonpublic record would only include the name of the individual, the word “expunged,” and the agency, office or department that holds the records. These records would only be used by prosecutors, law enforcement, or courts that might subsequently adjudicate the named individual. Improper disclosure of such records would result in a fine and/or imprisonment of up to one year.
Thanks to the Legal Action Center for the information on H.R. 623.