Congress Introduces Bills to Expand Access to Second Chances on the Federal Level
Blog Post by Reginald Darby, Legislative Director
Editorial note: This post has been updated to include hyperlinks to the Congress’ webpages for The Clean Slate Act and The Fresh Start Act.
On April 27, 2023, Congress introduced two bills that could unlock opportunities for millions of people in America: the Clean Slate Act and the Fresh Start Act.
The bipartisan momentum for expanding access to record clearance has grown in red, blue, and purple states alike in recent years to ensure that the 1 in 3 adults in America with records are no longer shut out from the U.S. workforce. The Clean Slate Act and the Fresh Start Act are two common-sense, bipartisan bills that would finally provide some relief to millions of Americans who often face lifelong economic barriers because of a past record.
The Clean Slate Initiative is incredibly grateful for the leadership on these bills by our Clean Slate champions in Congress.
The Clean Slate Act (HR 2930), sponsored by Reps. Lisa Blunt Rochester (D-DE) and Nancy Mace (R-SC), creates a first-ever federal process that enables individuals to petition for clearance of non-violent conviction records and establishes a streamlined system to automate sealing for eligible low-level drug records for people who have completed their sentences and remained crime-free for a period of time. The Clean Slate Act would:
Automatically seal an individual’s federal record if they have been convicted of simple possession or any federal nonviolent offense involving marijuana;
Create a new procedure that allows individuals to petition the United States Courts to seal records for certain offenses that are not automatically sealed;
Require, within 180 days, automatic sealing of arrest records and other related records for individuals that have been acquitted, exonerated, or never had charges filed against them;
Authorize district courts to appoint a public defender to help indigent petitioners file and successfully seal their records; and
Protect employers from liability for any claim arising out of the misconduct of an employee if the misconduct relates to a sealed criminal record.
The Fresh Start Act (HR 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 would:
Authorize $50 million each year for the next five fiscal years for states to automate their record clearance programs;
Prohibit states that delay record expungement or sealing due to fines or fees from receiving grant funding; and
Require states to report the number of records that have been sealed or expunged, broken down according to race, ethnicity, and gender.
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 supporting the Clean Slate Act and the Fresh Start Act, we can give people in America a second chance to live productive and fulfilling lives.
These bills would remove barriers to opportunity for millions of people currently excluded from jobs and housing because they can’t pass a background check; open up a new potential workforce for employers struggling to hire; and, save taxpayers money by reducing recidivism and streamlining a costly and burdensome state court workload. These bills just make sense.
The bipartisan championship 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.
The Fresh Start Act (HR 2983)
Original Sponors
Rep. Trone, David J. (D-MD)
Rep. Mace, Nancy (R-SC)
Rep. Blunt Rochester, Lisa (D-DE)
Rep. Bacon, Don (R-NE)
Rep. Fitzpatrick, Brian K. (R-PA)
Rep. Armstrong, Kelly (R-ND)
Rep. Crenshaw, Dan (R-TX)
Rep. Scanlon, Mary Gay (D-PA)
Rep. Harder, Josh (D-CA)
Rep. Meuser, Daniel (R-PA)
Rep. Kuster, Ann M. (D-NH)
Rep. Wenstrup, Brad R. (R-OH)
Del. Norton, Eleanor Holmes (D-DC)
The Clean Slate Act (HR 2930)
Original Sponsors
Rep. Blunt Rochester, Lisa (D-DE)
Rep. Mace, Nancy (R-SC)
Rep. Trone, David J. (D-MD)
Rep. Armstrong, Kelly (R-ND)
Rep. Kuster, Ann M. (D-NH)
Rep. Donalds, Byron (R-FL)