[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6667 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 6667

    To permit expungement of records of certain nonviolent criminal 
                   offenses, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 9, 2022

  Mr. Cohen (for himself, Mr. Johnson of Georgia, Mr. Carson, and Ms. 
   Norton) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To permit expungement of records of certain nonviolent criminal 
                   offenses, 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 ``Fresh Start Act of 2022''.

SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN NONVIOLENT 
              OFFENDERS.

    (a) In General.--Chapter 229 of title 18, United States Code, is 
amended by inserting after subchapter D the following new subchapter:

                      ``SUBCHAPTER E--EXPUNGEMENT

``Sec.
``3641. Expungement of certain criminal records in limited 
                            circumstances.
``3642. Requirements for expungement.
``3643. Procedure for expungement.
``3644. Effect of expungement.
``3645. Disclosure of expunged records.
``Sec. 3641. Expungement of certain criminal records in limited 
              circumstances
    ``(a) In General.--Any eligible individual convicted of a 
nonviolent offense may file a petition under this subchapter for 
expungement with regard to that nonviolent offense.
    ``(b) Definition of Nonviolent Offense.--In this subchapter, the 
term `nonviolent offense' means any offense under this title or under 
the Controlled Substances Act (8 U.S.C. 801 et seq.) that is not a 
crime of violence.
    ``(c) Definition of Crime of Violence.--In this subchapter, the 
term `crime of violence' means an offense, punishable by one year or 
more in the prison, that--
            ``(1) has as an element the use, attempted use, or 
        threatened use of physical force against the person or property 
        of another;
            ``(2) involves the unlawful possession, sale, transfer, or 
        use of a firearm, explosive, or other deadly weapon, or the 
        attempt thereof; or
            ``(3) causes the petitioner to be required to register 
        under the Sex Offender Registration and Notification Act (34 
        U.S.C. 20901 et seq.).
``Sec. 3642. Requirements for expungement
    ``An individual is eligible for expungement under this subchapter 
if that individual--
            ``(1) at the time of filing, had never been convicted of 
        any criminal offense other than nonviolent offenses committed 
        in a single criminal episode that includes the offense for 
        which expungement is sought; and
            ``(2) has fulfilled the requirements of the sentence of the 
        court in which the individual was convicted of that nonviolent 
        offense, including--
                    ``(A) paying, or consistently fulfilling 
                obligations of a payment plan for, all applicable 
                fines, restitutions, or assessments;
                    ``(B) completion of any term of imprisonment or 
                period of probation;
                    ``(C) meeting all conditions of supervised release; 
                and
                    ``(D) if so required by the terms of the sentence, 
                remaining free from dependency on or abuse of alcohol 
                or a controlled substance for a period of not less than 
                1 year.
If extenuating circumstances prevent an individual from fulfilling the 
requirements of the sentence, as required under paragraph (2), the 
court, in its discretion, may waive a portion of such requirement.
``Sec. 3643. Procedure for expungement
    ``(a) Petition.--A petition for expungement may be filed only in 
the court in which the petitioner was convicted of the nonviolent 
offense for which expungement is sought. The clerk of the court shall 
serve that petition on the United States Attorney for that district. 
Except as provided under subsection (e), not later than 60 days after 
service of such petition, the United States Attorney may submit 
recommendations to the court and provide a copy of those 
recommendations to the petitioner.
    ``(b) Appointment of Counsel.--The court shall appoint counsel upon 
the request of an indigent petitioner to represent the petitioner in 
proceedings under this subchapter, including the preparation of a 
petition or subsequent petition under this section.
    ``(c) Submission of Evidence.--The petitioner and the Government 
may file with the court evidence relating to the petition.
    ``(d) Basis for Decision.--In making a decision on the petition, 
the court shall consider all evidence and weigh the interests of the 
petitioner, the best interests of justice, and public safety.
    ``(e) Subsequent Petition.--If the court denies the petition, the 
petitioner may not file another such petition until the date that is 2 
years after the date of such denial.
    ``(f) Mandatory Grant of Petition.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        court shall grant the petition of an eligible petitioner who 
        files the petition on a date that is not earlier than the date 
        that is 7 years after the date on which the petitioner has 
        fulfilled the requirements of the sentence, as described in 
        section 3642(2). The United States Attorney may not submit 
        recommendations under subsection (a) with regard to that 
        petition.
            ``(2) Exceptions.--The court shall not grant under this 
        subsection the petition of a petitioner who has committed any 
        offense under this title that caused a victim or victims to 
        sustain a loss of $25,000 or more.
    ``(g) Discretionary Grant of Petition.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        court shall grant the petition of an eligible petitioner who 
        files the petition on a date that is not earlier than the date 
        that is 1 year after the date on which the petitioner has 
        fulfilled the requirements of the sentence, as described in 
        section 3642(2).
            ``(2) Exceptions.--The court shall not grant under this 
        subsection the petition of a petitioner who has committed any 
        offense under this title that caused a victim or victims to 
        sustain a loss of $250,000 or more.
            ``(3) Notification of expungement.--Not later than 7 days 
        after granting an expungement petition, in order to facilitate 
        the timely update of relevant records, the court shall send a 
        copy of the petition and final order to--
                    ``(A) the Attorney General of the United States;
                    ``(B) the chief law enforcement officer of the 
                State in which the crime was committed;
                    ``(C) the chief law enforcement officer of the 
                State in which the petitioner resides;
                    ``(D) any local law enforcement agency that serves 
                the jurisdiction in which the crime was committed; and
                    ``(E) any local law enforcement agency that serves 
                the jurisdiction in which petitioner resides.
``Sec. 3644. Effect of expungement
    ``(a) In General.--An order granting expungement under this 
subchapter shall restore the individual concerned, in the contemplation 
of the law, to the status such individual occupied before the arrest or 
institution of criminal proceedings for the nonviolent offense that was 
the subject of the expungement.
    ``(b) Sentencing.--In determining an appropriate sentence for 
unrelated subsequent criminal conduct, a court of the United States 
shall not consider an expunged criminal conviction for the purposes of 
determining the appropriate sentencing range pursuant to the United 
States Sentencing Guidelines, or to sentence a person outside of that 
sentencing range.
    ``(c) No Disqualification; Statements.--An individual whose 
petition under this subchapter is granted shall not be required to 
divulge information pertaining to the nonviolent offense with regard to 
which expungement was granted, nor shall such individual be held under 
any provision of law guilty of perjury, false answering, or making a 
false statement by reason of the failure of the individual to recite or 
acknowledge such arrest or institution of criminal proceedings, or 
results thereof, in response to an inquiry made of the individual for 
any purpose. The fact that such individual has been convicted of the 
nonviolent offense concerned shall not operate as a disqualification of 
such individual to pursue or engage in any lawful activity, occupation, 
or profession.
    ``(d) Records Expunged.--Except as provided under section 3645, on 
the grant of a petition under this subchapter, the following shall be 
expunged:
            ``(1) Any official record relating to the arrest of the 
        petitioner, the institution of criminal proceedings against the 
        petitioner, or the results thereof (including conviction) for 
        the nonviolent offense with regard to which expungement is 
        sought.
            ``(2) Any reference in any official record to the arrest of 
        the petitioner, the institution of criminal proceedings against 
        the petitioner, or the results thereof (including conviction) 
        for the nonviolent offense with regard to which expungement is 
        sought.
    ``(e) Exceptions.--The Attorney General may make rules providing 
for exceptions to subsection (d) as the Attorney General determines 
necessary to serve the interests of justice and public safety.
``Sec. 3645. Disclosure of expunged records
    ``(a) Department of Justice Records.--The Attorney General shall 
retain an unaltered nonpublic copy of--
            ``(1) any record that is expunged; and
            ``(2) any record containing a reference that is expunged.
    ``(b) Law Enforcement Purposes.--The Attorney General shall 
maintain a nonpublic index of the records described under subsection 
(a) containing, for each such record, only the name of, and 
alphanumeric identifiers that relate to, the individual who is the 
subject of such record, the word `expunged', and the name of the 
person, agency, office, or department that has custody of the expunged 
record, and shall not name the offense committed. The index shall be 
made available only to an entity to which records may be made available 
under subsection (d) or to any Federal or State law enforcement agency 
that has custody of such records.
    ``(c) Court Records.--The court shall retain an unaltered nonpublic 
copy of--
            ``(1) any record that is expunged; and
            ``(2) any record containing a reference that is expunged.
    ``(d) Authorized Disclosures.--
            ``(1) In general.--Except as provided in paragraph (2), any 
        record described in subsection (a) pertaining to an individual 
        may be made available only--
                    ``(A) to the petitioner;
                    ``(B) to a Federal or State court or Federal, 
                State, or local law enforcement agency, in the case of 
                a criminal investigation or prosecution of an 
                individual or in conducting a background check on an 
                individual who has applied for employment by such court 
                or agency; or
                    ``(C) to a Federal or State court or Federal, 
                State, or local law enforcement agency for the 
                exclusive purpose of maintaining accurate official 
                records.
            ``(2) Authorized disclosure to individuals.--On application 
        of the petitioner, the record may be available to an individual 
        identified in the petitioner's application.
    ``(e) Punishment for Improper Disclosure.--Whoever intentionally 
makes or attempts to make a disclosure, other than a disclosure 
authorized under subsection (d), of any record or reference that is 
expunged under this subchapter, shall be fined under this title or 
imprisoned not more than one year, or both.''.
    (b) Clerical Amendment.--The table of subchapters at the beginning 
of chapter 229 of title 18, United States Code, is amended by adding at 
the end the following item:

``E. Expungement............................................    3641''.
    (c) Effective Date.--The amendments made by this Act shall apply to 
individuals convicted of an offense before, on, or after the date of 
the enactment of this Act.
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