THE PROBLEM
States have led the way in passing automatic record clearance policies, paving the way for more than 14 million people to receive full record clearance in the 12 states that have passed legislation meeting The Clean Slate Initiative’s policy minimums.
Currently, however, there is no standard process for the clearance of federal records. There are very limited avenues for someone to clear a federal record, like when an arrest or conviction was found to be invalid or a clerical error was made, but those opportunities are comparatively rare.
The federal government does have a pardon process in place, which is different from record clearance because the pardon simply “forgives” the crime — it does not clear a person’s record. Therefore, even for those who are able to receive a federal pardon, their record can still be a barrier, blocking access to housing, employment, education, and more.
THE SOLUTION
The solution to this federal second chance challenge is simple: Clean Slate. Codifying Federal Clean Slate policies would create the first-ever standard process for federal record clearance, expand access to second chances by automating the clearance of eligible records, and help fiscally support state efforts to implement Clean Slate policies.
Once people complete their sentence and remain crime-free for a period of time, they deserve the opportunity to live a life that is not restrained by the barriers of their record. By passing federal Clean Slate legislation, Congress can give people in America a second chance to live productive and fulfilling lives.
The bipartisan support of second chances, nationwide and in the 118th Congress, demonstrates a broad agreement that a past mistake should not be a life sentence to poverty. States have led the way on second chances, and now it’s time for Congress to do its part.
PROPOSED LEGISLATION
The Clean Slate Act and the Fresh Start Act are two common-sense, bipartisan bills that would finally provide some relief to millions of people in America who often face lifelong economic barriers because of a past record.
H.R. 2930, sponsored by Reps. Lisa Blunt Rochester (D-DE) and Nancy Mace (R-SC), and the Senate’s companion bill, S. 5266, sponsored by Sens. Rand Paul (R-KY) and Bob Casey (D-PA) make up The Clean Slate Act of 2023. The Clean Slate Act creates a first-ever federal process that enables individuals to petition for clearance of low-level conviction records and establishes a streamlined system to automate sealing for eligible drug records for people who have completed their sentences and remained crime-free for a period of time.
The Clean Slate Act
The Fresh Start Act (H.R. 2983), sponsored by Reps. David Trone (D-MD) and Kelly Armstrong (R-ND), creates a federal grant program that enables states which passed automatic sealing laws to apply for federal funds to implement those laws. As a result, millions more people will be able to access employment, housing, and education. Additionally, the grant program will make state record-sealing systems more efficient through automation.
The Fresh Start Act
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