Landmark Clean Slate Act Introduced in Senate

Bipartisan Clean Slate Act will Automatically Seal Records of Low-Level Drug Offenses, Create Pathway to Expungement 

JAN’s Inimai Chettiar: “The Clean Slate Act would provide a second chance for people who have turned their lives around, and it’s a perfect way to mark Second Chance Month.” 

(Washington, D.C.) – Today, Senators Bob Casey (D-PA) and Joni Ernst (R-IA) 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 is expected to be introduced in the House by Representatives Lisa Blunt Rochester (D-DE) and Guy Reschenthaler (R-PA). 

Justice Action Network Federal Director Inimai Chettiar: 

“A criminal record, even for a low-level drug offense, can lead to a lifetime of obstacles, making it hard for people to find meaningful employment and stable housing, to provide for their families and contribute to their communities. The Clean Slate Act would provide a second chance for people who have turned their lives around, and it’s a perfect way to mark Second Chance Month. Criminal justice reform is still an issue where both parties can come together, and we are grateful to Senators Ernst and Casey, and Representatives Blunt Rochester and Reschenthaler, for reaching across the aisle on this critical issue.”

Center for American Progress Senior Fellow Rebecca Vallas: 

“In the digital era, even a minor criminal record can be a life sentence to poverty and joblessness that no judge ever handed down. While most states allow at least some records to be cleared, to allow people to move on with their lives and provide for their families, it’s long past time policymakers brought record-clearing to the federal level. This historic legislation would, for the first time, create a path to clearing federal records by petition, while establishing automatic record-clearance starting with low-level federal drug records—an impactful platform to build on. This legislation could not be more timely or urgently needed, as our nation seeks to recover from the COVID-19 crisis. Workers with records were already facing double-digit unemployment rates pre-pandemic, when the overall unemployment rate was 3 to 4 percent. We’ll never ‘build back better’ if we leave behind 70 million people with criminal records. Removing barriers to employment for workers with records is critical to ensuring a full and equitable recovery.”

Faith and Freedom Coalition Director of Legislative Affairs Patrick Purtill: 

“People who have paid their debt to society for low-level, non-violent offenses deserve to be welcomed back into society. This is precisely the goal of the criminal justice system. We want people to pay their debts and amend their lives. Those who do it, should be rewarded and restored—for their good, their families’ good, and in the best interest of our communities and our states. Sealing the records of low-level, non-violent ex-offenders after they have successfully completed their sentences will help reduce recidivism, strengthen families and communities, and provide a pathway to redemption for people who want to reform their lives.”

The Clean Slate Act will: 

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

• Record 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.

• Create 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.