,i #aafth ,,congress #ast ,session ,h4 ,r4 #aba ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjai,mr4 ,cohen 7for himself1 ,mr4 ,blumenauer1 ,mr4 ,cummings1 ,mr4 ,hastings1 ,mr4 ,johnson of ,georgia1 and ,ms4 ,norton7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to permit expungement of records of certain nonviolent criminal offenses1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fresh ,start ,act of #bjai4 #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 ,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 #cfca4 ,expungement of certain criminal records in limited circumstances 7a7 ,in general ,any eligible individual convicted of a nonviolent offense may file a petition under this subchapter for expungement with regard to that nonviolent offense4 7b7 ,definition of nonviolent offense ,in this subchapter1 the term nonviolent offense means any offense under this title that-- 7#a7 is not a crime of violence 7as such term is defined in section #af of title #ah1 ,united ,states ,code72 or 7#b7 is not an offense that1 by its nature1 involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense4 #cfcb4 ,requirements for expungement ,an individual is eligible for expungement under this subchapter if that individual-- 7#a7 at the time of filing1 had never been convicted of any criminal offense 7including any offense under ,state law7 other than nonviolent offenses committed in a single criminal episode that includes the offense for which expungement is sought2 and 7#b7 has fulfilled all requirements of the sentence of the court in which the individual was convicted of that nonviolent offense1 including-- 7,a7 paying all fines1 restitutions1 or assessments2 7,b7 completion of any term of imprisonment or period of probation2 7,c7 meeting all conditions of a supervised release2 and 7,d7 if so required by the terms of the sentence1 remaining free from dependency on or abuse of alcohol or a controlled substance for a period of not less than #a year4 #cfcc4 ,procedure for expungement 7a7 ,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 sought4 ,the clerk of the court shall serve that petition on the ,united ,states ,attorney for that district4 ,except as provided under subsection 7d71 not later than #fj days after service of such petition1 the ,united ,states ,attorney may submit recommendations to the court and provide a copy of those recommendations to the petitioner4 7b7 ,submission of evidence ,the petitioner and the ,government may file with the court evidence relating to the petition4 7c7 ,basis for decision ,in making a decision on the petition1 the court shall consider all evidence and weigh the interests of the petitioner against the best interests of justice and public safety4 7d7 ,subsequent petition ,if the court denies the petition1 the petitioner may not file another such petition until the date that is #b years after the date of such denial4 7e7 ,mandatory grant of petition 7#a7 ,in general ,except as provided in paragraph 7#b71 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 #g years after the date on which the petitioner has fulfilled all requirements of the sentence4 ,the ,united ,states ,attorney may not submit recommendations under subsection 7a7 with regard to that petition4 7#b7 ,exceptions ,the court may not grant under this subsection the petition of a petitioner who has committed a nonviolent offense that is one of the following3 7,a7 ,any offense under this title that causes the petitioner to be required to register under the ,sexual ,offender ,registration and ,notification ,act4 7,b7 ,any offense under this title that causes a victim or victims to sustain a loss of not less than #be1jjj4 #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 nonviolent offense that was the subject of the expungement4 7b7 ,no disqualification2 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 is sought1 nor shall such individual be held under any provision of law guilty of perjury1 false answering1 or making a false statement by reason of the failure of the individual to recite or acknowledge such arrest or institution of criminal proceedings1 or results thereof1 in response to an inquiry made of the individual for any purpose4 ,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 activity1 occupation1 or profession4 7c7 ,records expunged or sealed ,except as provided under section #cfce1 on the grant of a petition under this subchapter1 the following shall be expunged3 7#a7 ,any official record relating to the arrest of the petitioner1 the institution of criminal proceedings against the petitioner1 or the results thereof 7including conviction7 for the nonviolent offense with regard to which expungement is sought4 7#b7 ,any reference in any official record to the arrest of the petitioner1 the institution of criminal proceedings against the petitioner1 or the results thereof 7including conviction7 for the nonviolent offense with regard to which expungement is sought4 7d7 ,exceptions ,the ,attorney ,general may make rules providing for exceptions to subsection 7c7 as the ,attorney ,general determines necessary to serve the interests of justice and public safety4 7e7 ,reversal of expungement ,the records or references 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 is convicted of any ,federal or ,state offense after the date of expungement4 #cfce4 ,disclosure of expunged records 7a7 ,record of disposition ,to ,be retained ,the ,attorney ,general shall retain an unaltered nonpublic copy of-- 7#a7 any record that is expunged2 and 7#b7 any record containing a reference that is expunged4 7b7 ,law enforcement purposes ,the ,attorney ,general shall maintain a nonpublic index of the records described under subsection 7a7 containing1 for each such record1 only the name of1 and alphanumeric identifiers that relate to1 the individual who is the subject of such record1 the word expunged1 and the name of the person1 agency1 office1 or department that has custody of the expunged record1 and shall not name the offense committed4 ,the index shall be made available only to an entity to which records may be made available under subsection 7d7 or to any ,federal or ,state law enforcement agency that has custody of such records4 7c7 ,authorized disclosures 7#a7 ,in general ,except as provided in paragraph 7#b71 any record described in subsection 7a7 pertaining to an individual may be made available only-- 7,a7 to a ,federal or ,state court or ,federal1 ,state1 or local law enforcement agency1 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 agency2 or 7,b7 to any ,state or local agency with responsibility for the issuance of licenses to possess firearms1 in the case of an individual applying for such a license4 7#b7 ,authorized disclosure to individuals ,on application of the individual to whom a record described under subsection 7a7 pertains1 that record may be made available to the individual4 7d7 ,punishment for improper disclosure ,whoever intentionally makes or attempts to make a disclosure1 other than a disclosure authorized under subsection 7c71 of any record or reference that is expunged under this subchapter shall be fined under this title or imprisoned not more than one year1 or both4 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 the enactment of this ,act4 #c4 ,incentive payments under the ,byrne grants program for ,states to implement certain expungement procedures and requirements ,section #eje of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaef7 is amended by adding at the end the following new subsection3 7j7 ,payment incentives for ,states ,to implement certain expungement procedures and requirements 7#a7 ,payment incentives 7,a7 ,bonus ,in the case of a ,state that receives funds for a fiscal year 7beginning with fiscal year #bjbj7 under this subpart and that has in effect throughout the ,state for such fiscal year laws to provide for expungement with respect to certain criminal records that are substantially similar to the ,federal rights1 procedures1 requirements1 effects1 and penalties set forth in subchapter ,d of chapter #bbi of title #ah1 ,united ,states ,code1 the amount of funds that would otherwise be allocated under this subpart to such ,state for such fiscal year shall be increased by #e percent4 7,b7 ,penalty ,in the case of a ,state that receives funds for a fiscal year 7beginning with fiscal year #bjbj7 under this subpart and that does not have in effect throughout the ,state for such fiscal year laws to provide for expungement with respect to certain criminal records that are substantially similar to the ,federal rights1 procedures1 requirements1 effects1 and penalties set forth in subchapter ,d of chapter #bbi of title #ah1 ,united ,states ,code1 the amount of such funds that would otherwise be allocated under this subpart to such ,state for such fiscal year shall be decreased by #e percent4 7#b7 ,reports ,the ,attorney ,general shall submit to the ,committee of the ,judiciary of the ,house of ,representatives and the ,committee of the ,judiciary of the ,senate an annual report 7which shall be made publicly available7 that1 with respect to the year involved-- 7,a7 lists the ,states that have 7and those ,states which do not have7 in effect throughout the ,state laws to provide for expungement with respect to certain criminal records that are substantially similar to the ,federal rights1 procedures1 requirements1 effects1 and penalties set forth in subchapter ,d of chapter #bbi of title #ah1 ,united ,states ,code2 and 7,b7 describes the increases granted to ,states under paragraph 7#a77;,a71 the penalties imposed on ,states under paragraph 7#a77;,b71 and the amounts that ,states being penalized under paragraph 7#a77;,b7 would have received if such ,states had in effect laws described in subparagraph 7,a7 of this paragraph4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection for each of the fiscal years #bjbj through #bjbe1 in addition to funds made available under section #ejh1 such sums as may be necessary1 but not to exceed the amount that is #e percent of the total amount appropriated pursuant to such section for such fiscal year4 4