Summary

Permits the expungement of records of certain nonviolent criminal offenses. This short title of this act is the Second Chance for Ex-Offenders Act of 2007

Background

Currently expungements are allowed in most states, but there is no provision for an expungement under federal law, this bill would give the same chance for federal convictions./1/

Bill Detail

Amends the federal criminal code to allow an individual to file a petition for expungement of a record of conviction for a nonviolent criminal offense if such individual has:
(1) never been convicted of a violent offense and has never been convicted of a nonviolent offense other than the one for which expungement is sought;
(2) fulfilled all requirements of the sentence of the court in which conviction was obtained;
(3) remained free from dependency on or abuse of alcohol or a controlled substance for a minimum of one year and has been rehabilitated, to the court's satisfaction, if so required by the terms of supervised release;
(4) obtained a high school diploma or completed a high school equivalency program; and
(5) completed at least one year of community service.

Authorizes an individual convicted of a felony or a misdemeanor to file an expungement petition. Directs the court, in ruling on such petition, after determining petitioner eligibility, to weigh the petitioner's interests against the best interests of justice and public safety.

Authorizes the Department of Justice to maintain a nonpublic manual or computerized index of expunged records, to be made available only to federal and state law enforcement personnel who have custody of such records for limited disclosure purposes.

Requires the restoration of expunged records of individuals subsequently convicted of any federal or state offense.

Political Context

This bill has been filed since at least 2003 in previous congressional sessions.

Resources and Links

/1/ Labor Law Talk "Second Chance for Ex-Offenders Act of 2003 - Bill # H.R. 1434" 9/8/03

Sacbee News Op-ED on sentencing reform: "Correcting justice"

Billhop Momentum Analysis

0 user(s): this language will pass (it's a freight train)
0 user(s): this language could pass (if supporters work it)
1 user(s): this language is unlikely to pass (but stranger things have happened)
0 user(s): this language will not pass this session (issue publicity filing)
(click edit to add your vote)