,i  #aadth ,,congress  #b;d ,session    
,h4 ,r4 #fdii  ,,in ,,the ,,house ,,of  
,,representatives  ,december #h1        
#bjaf,mr4 ,danny ,k4 ,davis of ,illinois
 introduced the following bill2 which   
was referred to the ,committee on the   
,judiciary  ,a ,,bill  ,to permit the   
expungement of records of certain       
nonviolent criminal offenses4  #a4      
,short title ,this ,act may be cited as 
the ,second ,chance for ,ex-,offenders  
,act of #bjaf4  #b4 ,expungement of     
criminal records for certain nonviolent 
offenders  7a7 ,in general ,chapter #bbi
 of title #ah1 ,united ,states ,code1 is
 amended by inserting after subchapter  
,c the following new subchapter3        
,subchapter ,d--,expungement ,sec4      
#cfca4 ,expungement of certain criminal 
records in limited circumstances4 #cfcb4
 ,requirements for expungement4 #cfcc4  
,procedure for expungement4 #cfcd4      
,effect of expungement4 #cfce4 ,reversal
 of expunged records4 #cfcf4 ,unsealing 
of records4  #cfca4 ,expungement of     

certain criminal records in limited     
circumstances  7a7 ,in general ,any     
individual convicted of a nonviolent    
offense who fulfills the requirements of
 section #cfcb may file a petition under
 this subchapter to expunge the record  
of such conviction4  7b7 ,definition of 
nonviolent offense ,in this subchapter1 
the term nonviolent offense means a     
misdemeanor or felony offense against   
the ,united ,states that does not have  
as an element of the offense the use of 
a weapon or violence and which did not  
actually involve violence in its        
commission4  #cfcb4 ,requirements for   
expungement ,no individual shall be     
eligible for expungement under this     
subchapter unless1 before filing a      
petition under this subchapter1 such    
individual--  7#a7 has never been       
convicted of a violent offense          
7including an offense under ,state law  
that would be a violent offense if it   
were ,federal7 and has never been       
convicted of a nonviolent offense other 

than the one for which expungement is   
sought2  7#b7 has fulfilled all         
requirements of the sentence of the     
court in which conviction was obtained1 
including completion of any term of     
imprisonment or period of probation1    
meeting all conditions of a supervised  
release1 and paying all fines2  7#c7 has
 remained free from dependency on or    
abuse of alcohol or a controlled        
substance a minimum of #a year and has  
been rehabilitated1 to the satisfaction 
of the court referred to in section     
#cfcc7;b71 if so required by the terms  
of a supervised release2  7#d7 has      
obtained a high school diploma or       
completed a high school equivalency     
program2 and  7#e7 has completed at     
least one year of community service1 as 
determined by the court referred to in  
section #cfcc7;b74  #cfcc4 ,procedure   
for expungement  7a7 ,petition ,an      
individual may file a petition for      
expungement in the court in which the   
conviction was obtained4 ,a copy of the 

petition shall be served by the court   
upon the ,united ,states ,attorney for  
the district in which the conviction    
sought to be expunged was obtained4 ,not
 later than #fj days after receipt of   
such petition1 the ,united ,states      
,attorney may submit written            
recommendations to the court and notify 
the petitioner of that recommendation4  
7b7 ,court-,ordered expungement ,the    
court1 after consideration of evidence  
submitted by the petitioner in support  
of the petition and any evidence        
submitted by the ,government in support 
of objections it may have to granting   
the petition1 shall rule on the         
petition4 ,in making that ruling1 the   
court1 after determining whether the    
petitioner meets the eligibility        
requirements of this subchapter1 shall  
weigh the interests of the petitioner   
against the best interests of justice   
and public safety4  #cfcd4 ,effect of   
expungement  7a7 ,in general ,an order  
granting expungement under this         

subchapter shall restore the individual 
concerned1 in the contemplation of the  
law1 to the status such individual      
occupied before the arrest or           
institution of criminal proceedings for 
the crime that was the subject of the   
expungement4  7b7 ,no disqualification2 
statements ,after an order granting     
expungement of any individual's criminal
 records under this subchapter1 such    
individual shall not be required to     
divulge information pertaining to the   
expunged conviction and the fact that   
such individual has been convicted of   
the criminal offense concerned shall    
not--  7#a7 operate as a                
disqualification of such individual to  
pursue or engage in any lawful activity1
 occupation1 or profession2 and  7#b7 be
 held under any provision of law guilty 
of perjury1 false answering1 or making a
 false statement by reason of his       
failure to recite or acknowledge such   
arrest or institution of criminal       
proceedings1 or results thereof1 in     

response to an inquiry made of him for  
any purpose4  7c7 ,records expunged or  
sealed ,upon order of expungement1 all  
official law enforcement and court      
records1 including all references to    
such person's arrest for the offense1   
the institution of criminal proceedings 
against him1 and the results thereof1   
except publicly available court opinions
 or briefs on appeal1 shall be expunged 
7in the case of nontangible records7 or 
gathered together and sealed 7in the    
case of tangible records74  7d7 ,record 
of disposition ,to be retained ,a       
nonpublic record of a disposition or    
conviction that is the subject of an    
expungement order shall be retained only
 by the ,department of ,justice solely  
for the purpose of use by the courts in 
any subsequent adjudication4  #cfce4    
,disclosure of expunged records  7a7    
,law enforcement purposes ,the          
,department of ,justice may maintain a  
nonpublic manual or computerized index  
of expunged records containing only the 

name of1 and alphanumeric identifiers   
that relate to1 the persons who are the 
subject of such expunged records1 the   
word expunged1 and the name of the      
person1 agency1 office1 or department   
that has custody of the expunged        
records1 and shall not name the offense 
committed4 ,the index shall be made     
available only to ,federal and ,state   
law enforcement personnel who have      
custody of such expunged records and    
only for the purposes set forth in      
subsection 7b7 of this section4  7b7    
,authorized disclosure ,such records    
shall be made available to the person   
accused or to such person's designated  
agent and shall be made available to--  
7#a7 any prosecutor1 law enforcement    
agency1 or court which has              
responsibility for criminally           
investigating1 prosecuting1 or          
adjudicating such individual2  7#b7 any 
,state or local office or agency with   
responsibility for the issuance of      
licenses to possess guns where the      

accused has made application for such   
license2 or  7#c7 any prospective city1 
,state1 or ,federal employer or agency1 
involved in investigating and_/or       
prosecuting under criminal or civil     
statutes including employers of police  
or peace officers and in relation to an 
application for employment as an        
employee of a city1 ,state1 or ,federal 
employer or agency involved in          
investigating or prosecuting under      
criminal or civil statutes including as 
a police officer or peace officer1 and  
every person who is an applicant for the
 position of police officer1 peace      
officer1 or any other prospective city1 
,state1 or ,federal employer or agency1 
involved in investigating or prosecuting
 under criminal or civil statutes shall 
be furnished with a copy of all records 
obtained under this paragraph and       
afforded an opportunity to make an      
explanation thereto4  7c7 ,punishment   
for improper disclosure ,any person who 
knowingly disseminates information      

relating to an expunged conviction other
 than the offender shall be fined under 
this title or imprisoned not more than  
one year1 or both4  #cfcf4 ,reversal of 
expunged records ,the records expunged  
under this subchapter shall be restored 
by operation of law as public records   
and may be used in all court proceedings
 if the individual whose conviction was 
expunged is subsequently convicted of   
any ,federal or ,state offense4  4  7b7 
,clerical amendment ,the table of       
subchapters at the beginning of chapter 
#bbi of title #ah1 ,united ,states      
,code1 is amended by adding at the end  
the following item3  ,d4                
,expungement#cfca  4  7c7 ,effective    
,date ,the amendments made by this ,act 
shall apply to individuals convicted of 
an offense before1 on1 or after the date
 of enactment of this ,act4