[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1154 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1154
To require Federal law enforcement agencies to expunge voidable arrest
records, to provide incentive funds to States that have in effect a
system for expunging such records, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2001
Mr. Nadler (for himself, Mr. Meeks of New York, Mr. McGovern, Ms.
Velazquez, Mrs. Christensen, Mr. Serrano, Mr. Stark, Mr. Lantos, Ms.
McKinney, Ms. Norton, Ms. Waters, Mr. Rangel, Mr. Payne, Ms. Rivers,
Ms. Carson of Indiana, and Ms. Eddie Bernice Johnson of Texas)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To require Federal law enforcement agencies to expunge voidable arrest
records, to provide incentive funds to States that have in effect a
system for expunging such records, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clear Your Good Name Act''.
SEC. 2. REFERENCES IN FEDERAL RECORDS TO VOIDABLE ARRESTS.
(a) In General.--Any reference in any Federal law enforcement
agency record to an arrest of a person living after the effective date
of this Act, and any Federal law enforcement agency record (such as
fingerprint records or photographs) generated pursuant to that arrest,
shall be expunged--
(1) not later than 30 days after the date on which that
arrest becomes a voidable arrest, if the arrest occurred on or
after the effective date of this Act; or
(2) to the extent provided in a Federal expungement order,
if the arrest occurred before the effective date of this Act.
(b) Federal Expungement Order.--Any person living after the
effective date of this Act may petition a Federal district court of
competent jurisdiction for a Federal expungement order referred to in
subsection (a)(2). If the court finds that the arrest is a voidable
arrest, the court shall order the custodian of the record to expunge,
not later than 30 days after the receipt of the order--
(1) any reference to that arrest; and
(2) any record generated pursuant to that arrest.
(c) Regulations.--The Attorney General shall issue regulations to
ensure compliance with the requirements of subsection (a).
(d) Class B Misdemeanor.--Whoever knowingly fails to expunge a
reference or record required to be expunged by this section, or
releases a reference or record required to be expunged by this section,
shall be--
(1) guilty of a class B misdemeanor; and
(2) punished in accordance with title 18, United States
Code.
(e) Right of Individual With Voidable Arrest.--If an arrest is a
voidable arrest, the person arrested may respond to any inquiry as
though the arrest did not occur, unless otherwise provided by law.
(f) Voidable Arrest.--For purposes of this Act, the term ``voidable
arrest'' means any arrest resulting in any of the following:
(1) Release of the person without the filing of formal
charges against the person.
(2) Dismissal of proceedings against the person.
(3) A determination that the arrest was without probable
cause.
(g) Effective Date.--This section shall take effect on the first
day of the fiscal year succeeding the first fiscal year beginning two
years after the date of the enactment of this Act.
SEC. 3. REFERENCES IN STATE RECORDS TO VOIDABLE ARRESTS.
(a) Grant Incentive.--Section 506 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3756) is amended by
adding at the end the following:
``(g) Incentive Funds.--
``(1) In general.--The funds available under this subpart
for a State shall be increased by 10 percent if a State has in
effect throughout the State a law which provides expungement
procedures, criminal penalties, and individual rights with
respect to voidable arrests that are substantially similar to
the Federal procedures, penalties, and rights set forth in
section 2 of the Clear Your Good Name Act.
``(2) Compliance.--The Attorney General shall issue
regulations to ensure compliance with the requirements of
paragraph (1).''.
(b) Conforming Amendment.--Subsection (a) of such section is
amended by striking ``subsection (f),'' and inserting ``subsections (f)
and (g),''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the fiscal year succeeding the first fiscal
year beginning two years after the date of the enactment of this Act.
SEC. 4. REPORTS.
(a) Federal Arrests and Expungements.--After the end of each fiscal
year during which section 2 of this Act is in effect, the Attorney
General shall submit to Congress a report on the implementation of that
section in that fiscal year. The report shall include the following
information:
(1) The number of arrests that, during that fiscal year,
became voidable arrests.
(2) The number of voidable arrests the records of which
were, during that fiscal year, expunged under section 2(a)(1)
of this Act.
(3) The number of voidable arrests the records of which
were, during that fiscal year, expunged under section 2(a)(2)
of this Act.
(b) State Arrests and Expungements.--After the end of each fiscal
year during which subsection (g) of section 506 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756), as
added by section 3 of this Act, is in effect, the Attorney General
shall submit to Congress a report on the implementation of that
subsection in that fiscal year. The report shall include, for each
State referred to in that subsection, the following information:
(1) The number of arrests that, during that fiscal year,
became voidable arrests.
(2) The number of voidable arrests the records of which
were, during that fiscal year, expunged under the provision of
law of that State that is substantially similar to section
2(a)(1) of this Act.
(3) The number of voidable arrests the records of which
were, during that fiscal year, expunged under the provision of
law of that State that is substantially similar to section
2(a)(2) of this Act.
<all>