BIPARTISAN CLEAN SLATE ACT INTRODUCED IN HOUSE

Historic Legislation would Automatically Seal Records of Low-Level Drug Offenses, Create Pathway to Expungement

(Washington, D.C.) – Today, Representatives Lisa Blunt Rochester (D-DE) and Guy Reschenthaler (R-PA) introduced the Clean Slate Act, legislation that would provide automatic record sealing for people convicted of low-level nonviolent drug offenses, and, for the first time, establish a process to petition for expungement at the federal level. Companion legislation was introduced by Senators Bob Casey (D-PA) and Joni Ernst (R-IA).

“A criminal record can lead to a lifetime of obstacles, preventing people from reaching their full potential and contributing to their communities and the American economy,” said Inimai Chettiar, Federal Director of the Justice Action Network. “The Clean Slate Act would, for the first time, tear down those barriers for people convicted of low-level federal drug offenses, and give people a second chance at success. We are grateful to Representatives Blunt Rochester and Reschenthaler and Senators Ernst and Casey, for putting people over partisanship and introducing this historic legislation.”

The Clean Slate Act: 

  • Establishes a process for sealing certain federal records. The federal system does not currently have a sealing or expungement process in place.

  • Creates a process for automatic record sealing for simple possession or nonviolent, marijuana-related conviction records and arrest records.

    • Qualifying conviction records will be sealed one year after the successful completion of the terms of the sentence, including imprisonment, probation, or supervised release.

    • Arrests not resulting in charges or ending in acquittal would be sealed after 180 days from the time of the arrest and 60 days after the acquittal.

    • Individuals who are convicted of sex offenses or for terrorism or other national security crimes will not be eligible for record sealing.

  • Establishes a petition process for additional record sealing opportunities that would be brought before a court.

    • Individuals convicted of covered nonviolent offenses, not a sex offense or crime of violence, may petition a court to have their record sealed one year after the completion of all terms of imprisonment, probation, and supervised release.

    • Individuals convicted of more than 2 felonies that are covered nonviolent offenses will not be eligible.

    • Individuals convicted of any other felony will not be eligible.

    • Individuals convicted of terrorism or other national security crimes will not be eligible.

    • Prosecutors and victims will be notified when a petition is filed.

The Clean Slate Act has been endorsed by leaders in the business community, including JPMorgan Chase, the Business Roundtable, and the Responsible Business Initiative; and advocacy groups from across the political spectrum including the Center for American Progress, Faith and Freedom Coalition, Community Legal Services of Philadelphia, Americans for Tax Reform, Due Process Institute, the Brennan Center, R Street Institute, and Right on Crime.

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