[Congressional Record (Bound Edition), Volume 147 (2001), Part 3]
[Extensions of Remarks]
[Pages 4238-4239]
[From the U.S. Government Publishing Office, www.gpo.gov]



                      THE CLEAR YOUR GOOD NAME ACT

                                 ______
                                 

                          HON. JERROLD NADLER

                              of new york

                    in the house of representatives

                       Wednesday, March 21, 2001

  Mr. NADLER. Mr. Speaker, according to the Source of Criminal Justice 
Statistics, there were more than 10 million arrests in 1999 alone. Many 
of these arrests led to criminal convictions and helped make our 
streets and communities safer. The men and women of law enforcement 
play a critical role in enforcing our laws and creating a just society. 
We owe them all a debt of gratitude for their service.

[[Page 4239]]

  However, as any police officer will tell you, sometimes someone is 
arrested who is not guilty of any crime. It could be a case of mistaken 
identity or of someone being in the wrong place at the wrong time. 
Perhaps someone falsely accused an innocent person or simply lied to 
the police. When the mistake or false accusation is discovered, the 
innocent person is free to go, but the record of the arrest can haunt 
him or her for the rest of his or her life.
  Today, we are announcing the introduction of the Clear Your Good Name 
Act, which would require the expungement of voided arrest records in 
order to clear the names of innocent people.
  The bill defines a ``voided arrest'' as any arrest followed by the 
release of the person without the filing of formal charges, by 
dismissal of proceedings against the person arrested, or by a 
determination that the arrest was without probable cause. The bill 
would require expungement of voided Federal arrest records and would 
provide a financial incentive to States to provide for expungement of 
voided State records. Some States have enacted laws requiring the 
expungement of voided arrest records, and we want to encourage other 
States to follow their lead. This bill would make States with 
expungement statutes eligible to receive a 10-percent increase in crime 
control funding. Specifically, it would increase the Edward Byrne 
Memorial State and Local Law Enforcement Assistance programs. For 2001, 
Congress appropriated $569 million for these programs. If every State 
passed an expungement law, the cost would be $56 million. These funds 
are used to reduce drug demand, improve effectiveness of law 
enforcement operations, and assist citizens in preventing crime.
  When people are mistakenly arrested and then released after it is 
determined that they are innocent, they should not have to carry the 
burden of the mistaken arrest with them for the rest of their lives. We 
know that arrest records can prejudice opportunities for schooling, 
employment, professional licenses, and housing. But innocent 
individuals who have done nothing wrong should not be marked for life.
  Lt. Manny Gomez is a perfect example of how an innocent person with a 
voided arrest record was unfairly denied access to a job. Before I tell 
his story I want to say a few words about Lt. Gomez. He came to my 
office two years ago to inform me of this problem, and has worked 
diligently with my staff and with other Members of the House and Senate 
to correct an injustice. He has been called ``tenacious'' by the NY 
Daily News, and has been profiled in the New York Times. He has worked 
with the NY City Council and with the NY State Assembly to pass 
expungement legislation. He is an example of a crusader who stays 
focused, works hard, and demands results. We are lucky to have him as a 
champion of this cause.
  This is his story. In 1995, Lt. Gomez, two army duffel bags by his 
side, was approached by police officers in the train station because he 
happened to fit the description of someone they were looking for. He 
told them he was not the person, but he went voluntarily to the police 
station. Within five minutes another officer determined that indeed he 
was not the person they were looking for, and he was released after he 
gave the police his name and address. He was unaware that the encounter 
generated what is called a voided arrest record. Years later when he 
applied for a job at the police department, he told them--what he 
believed to be true--that he was never arrested. Unfortunately, the 
voided record had not been expunged, and the police found the record 
and accused him of not being truthful. The case of mistaken identity 
had come back to haunt him, and he was not allowed to become a police 
officer. He was never aware that he was arrested, so he then began 
searching for the reason for the record. After he investigated his case 
and discovered what had happened, he found that there was no law to 
provide for the expungement of voided arrest records, even if the 
person was completely innocent of all charges. After a lengthy battle 
over several years he was finally able to explain the situation to the 
police department. The police department has since realized that it was 
in error and will allow him to become a police officer. Unfortunately, 
not everyone is as capable as Lt. Gomez, and many people are unfairly 
harmed by voided arrest records that are never expunged. Thus the need 
for this bill.
  I am hopeful that with a strong coalition working together we can 
pass this legislation and enable innocent people to clear their good 
names and go about their lives free from the harmful effects of a 
mistaken arrest.

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