Home > 105th Congressional Bills > H.R. 100 (ih) To establish the Commonwealth of Guam, and for other purposes. ...

H.R. 100 (ih) To establish the Commonwealth of Guam, and for other purposes. ...


Google
 
Web GovRecords.org







108th CONGRESS
  1st Session
                                H. R. 1009

To require Federal law enforcement agencies to expunge voidable arrest 
  records, to provide incentive funds to States that have in effect a 
       system for expunging such records, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2003

  Mr. Nadler (for himself, Mr. Serrano, and Mr. Towns) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To require Federal law enforcement agencies to expunge voidable arrest 
  records, to provide incentive funds to States that have in effect a 
       system for expunging such records, 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 ``Clear Your Good Name Act''.

SEC. 2. REFERENCES IN FEDERAL RECORDS TO VOIDABLE ARRESTS.

    (a) In General.--Any reference in any Federal law enforcement 
agency record to an arrest of a person living after the effective date 
of this Act, and any Federal law enforcement agency record (such as 
fingerprint records or photographs) generated pursuant to that arrest, 
shall be expunged--
            (1) not later than 30 days after the date on which that 
        arrest becomes a voidable arrest, if the arrest occurred on or 
        after the effective date of this Act; or
            (2) to the extent provided in a Federal expungement order, 
        if the arrest occurred before the effective date of this Act.
    (b) Federal Expungement Order.--Any person living after the 
effective date of this Act may petition a Federal district court of 
competent jurisdiction for a Federal expungement order referred to in 
subsection (a)(2). If the court finds that the arrest is a voidable 
arrest, the court shall order the custodian of the record to expunge, 
not later than 30 days after the receipt of the order--
            (1) any reference to that arrest; and
            (2) any record generated pursuant to that arrest.
    (c) Regulations.--The Attorney General shall issue regulations to 
ensure compliance with the requirements of subsection (a).
    (d) Class B Misdemeanor.--Whoever knowingly fails to expunge a 
reference or record required to be expunged by this section, or 
releases a reference or record required to be expunged by this section, 
shall be--
            (1) guilty of a class B misdemeanor; and
            (2) punished in accordance with title 18, United States 
        Code.
    (e) Right of Individual With Voidable Arrest.--If an arrest is a 
voidable arrest, the person arrested may respond to any inquiry as 
though the arrest did not occur, unless otherwise provided by law.
    (f) Voidable Arrest.--For purposes of this Act, the term ``voidable 
arrest'' means any arrest resulting in any of the following:
            (1) Release of the person without the filing of formal 
        charges against the person.
            (2) Dismissal of proceedings against the person.
            (3) A determination that the arrest was without probable 
        cause.
    (g) Effective Date.--This section shall take effect on the first 
day of the fiscal year succeeding the first fiscal year beginning two 
years after the date of the enactment of this Act.

SEC. 3. REFERENCES IN STATE RECORDS TO VOIDABLE ARRESTS.

    (a) Grant Incentive.--Section 506 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3756) is amended by 
adding at the end the following:
    ``(g) Incentive Funds.--
            ``(1) In general.--The funds available under this subpart 
        for a State shall be increased by 10 percent if a State has in 
        effect throughout the State a law which provides expungement 
        procedures, criminal penalties, and individual rights with 
        respect to voidable arrests that are substantially similar to 
        the Federal procedures, penalties, and rights set forth in 
        section 2 of the Clear Your Good Name Act.
            ``(2) Compliance.--The Attorney General shall issue 
        regulations to ensure compliance with the requirements of 
        paragraph (1).''.
    (b) Conforming Amendment.--Subsection (a) of such section is 
amended by striking ``subsection (f),'' and inserting ``subsections (f) 
and (g),''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the first day of the fiscal year succeeding the first fiscal 
year beginning two years after the date of the enactment of this Act.

SEC. 4. REPORTS.

    (a) Federal Arrests and Expungements.--After the end of each fiscal 
year during which section 2 of this Act is in effect, the Attorney 
General shall submit to Congress a report on the implementation of that 
section in that fiscal year. The report shall include the following 
information:
            (1) The number of arrests that, during that fiscal year, 
        became voidable arrests.
            (2) The number of voidable arrests the records of which 
        were, during that fiscal year, expunged under section 2(a)(1) 
        of this Act.
            (3) The number of voidable arrests the records of which 
        were, during that fiscal year, expunged under section 2(a)(2) 
        of this Act.
    (b) State Arrests and Expungements.--After the end of each fiscal 
year during which subsection (g) of section 506 of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756), as 
added by section 3 of this Act, is in effect, the Attorney General 
shall submit to Congress a report on the implementation of that 
subsection in that fiscal year. The report shall include, for each 
State referred to in that subsection, the following information:
            (1) The number of arrests that, during that fiscal year, 
        became voidable arrests.
            (2) The number of voidable arrests the records of which 
        were, during that fiscal year, expunged under the provision of 
        law of that State that is substantially similar to section 
        2(a)(1) of this Act.
            (3) The number of voidable arrests the records of which 
        were, during that fiscal year, expunged under the provision of 
        law of that State that is substantially similar to section 
        2(a)(2) of this Act.
                                 <all>

Pages: 1

Other Popular 105th Congressional Bills Documents:

1 H.Con.Res. 326 (ih) Permitting the use of the rotunda of the Capitol on September 23, 1998, for the presentation of the Congressional Gold Medal to Nelson Rolihlahla Mandela. ...
2 S.Con.Res. 85 (rfh) Calling for an end to the violent repression of the people of Kosovo. ...
3 S. 2131 (rfh) To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes. %%Filen...
4 H.R. 4126 (ih) To amend the Internal Revenue Code of 1986 to modify certain provisions relating to the treatment of forestry activities. ...
5 S. 318 (es) To require automatic cancellation and notice of cancellation rights ...
6 S. 1723 (es) To amend the Immigration and Nationality Act to assist the United ...
7 S. 1347 (es) To permit the city of Cleveland, Ohio, to convey certain lands that the United States conveyed to the city. ...
8 H.Res. 308 (ih) Expressing the sense of the House of Representatives that candidates ...
9 S. 177 (is) To provide for a special application of section 1034 of the Internal Revenue Code of 1986. ...
10 S. 1395 (is) To amend the Higher Education Act of 1965 to provide for the establishment of the Thurgood Marshall Legal Educational Opportunity Program. ...
11 H.R. 410 (ih) To prohibit the regulation of the use of any tobacco or tobacco product ...
12 H.R. 1128 (ih) To amend title XVIII of the Social Security Act to provide for coverage of periodic colorectal screening services under part B of the Medicare Program. ...
13 H.R. 785 (rh) To designate the J. Phil Campbell, Senior, Natural Resource Conservation Center. ...
14 S. 1936 (is) To suspend temporarily the duty on certain chemicals used in the formulation of anti-cancer drugs. ...
15 H.R. 499 (enr) To designate the facility of the United States Postal Service under construction at 7411 Barlite Boulevard in San Antonio, Texas, as the ``Frank M. Tejeda Post Office Building''. ...
16 H.R. 2813 (ih) To waive time limitations specified by law in order to allow the Medal of Honor to be awarded to Robert R. Ingram of Jacksonville, Florida, for acts of valor while a Navy Hospital Corpsman in the Republic of Vietnam during the Vietnam confl...
17 H.R. 1420 (enr) To amend the National Wildlife Refuge System Administration Act of 1966 to improve the management of the National Wildlife Refuge System, and for other purposes. ...
18 H.R. 548 (ih) To designate the United States courthouse located at 500 Pearl Street in New York City, New York, as the ``Ted Weiss United States Courthouse''. ...
19 H.R. 624 (rs) To amend the Armored Car Industry Reciprocity Act of 1993 to clarify certain requirements and to improve the flow of interstate commerce. ...
20 S. 1397 (es) To establish a commission to assist in commemoration of the centennial of powered flight and the achievements of the Wright brothers. ...
21 S. 1093 (is) To extend nondiscriminatory (most-favored-nation) treatment to the products of the Lao People's Democratic Republic, and for other purposes. ...
22 S. 1309 (is) To provide for the health, education, and welfare of children under 6 years of age. ...
23 H.R. 2264 (eh) Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 1998, and for other purposes. ...
24 H.J.Res. 49 (ih) Proposing an amendment to the Constitution of the United States. ...
25 H.J.Res. 38 (ih) Proposing an amendment to the Constitution of the United States to repeal the twenty-second amendment relating to Presidential term limitations. ...
26 H.R. 1512 (ih) To amend the Internal Revenue Code of 1986 to provide incentives for public-private educational partnerships for public educational institutions serving disadvantaged students and to provide tax relief to families who are struggling to pay...
27 S. 1364 (eas) ...
28 H.R. 968 (enr) To amend title XVIII and XIX of the Social Security Act to permit a waiver of the prohibition of offering nurse aide training and competency evaluation programs in certain nursing facilities. ...
29 S. 399 (is) To amend the Morris K. Udall Scholarship and Excellence in National ...
30 H.R. 4756 (eh) To ensure that the United States is prepared to meet the Year 2000 computer problem. ...


Other Documents:

105th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy