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106th CONGRESS
2d Session
H. R. 5433
To permit expungement of records of certain nonviolent criminal
offenses.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 10, 2000
Mr. Rangel introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To permit expungement of records of certain nonviolent criminal
offenses.
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 ``Second Chance for Ex-Offenders Act
of 2000''.
SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN NONVIOLENT
OFFENDERS.
(a) In General.--Chapter 229 of title 18, United States Code, is
amended by inserting after subchapter C the following new subchapter:
``SUBCHAPTER D--EXPUNGEMENT
``Sec.
``3631. Expungement of certain criminal records.
``3632. Requirements for expungement.
``3633. Procedure for expungement.
``3634. Effect of expungement.
``3635. Reversal of expunged records.
``3636. Unsealing of records.
``Sec. 3631. Expungement of certain criminal records
``(a) In General.--Any individual convicted of a nonviolent
criminal offense in a United States court who fulfills the requirements
of section 3632 may file a petition under this subchapter to expunge
the record of such conviction.
``(b) Definition of Nonviolent Criminal Offense.--In this
subchapter, the term `nonviolent criminal offense' means a misdemeanor
or felony that does not have as an element of the offense the use of a
weapon or violence in its commission and which did not actually involve
violence in its commission.
``Sec. 3632. Requirements for expungement
``No individual shall be eligible for expungement under this
subchapter unless, prior to filing a petition under this subchapter,
such individual--
``(1) has never been convicted of a violent misdemeanor or
felony;
``(2) has remained free from dependency on or abuse of
alcohol or a controlled substance for at least one year;
``(3) has obtained a high school diploma or completed a
high school equivalency program; and
``(4) has completed at least one year of community service,
as determined by the court referred to in section 3633(a).
``Sec. 3633. Procedure for expungement
``(a) Petition.--An individual meeting the requirements of section
3632 may file a petition under this subchapter with the Attorney
General to expunge the record of a conviction for a nonviolent criminal
offense. Not later than 60 days after receipt of such a petition, the
Attorney General shall submit such petition with a recommendation
regarding expungement to the United States district court for the
district in which the conviction was obtained. The Attorney General
shall notify the petitioner of his recommendation within such 60-day
period. If the Attorney General recommends expungement, the court shall
grant an order expunging the records that are the subject to the
petition.
``(b) Appeal.--If the Attorney General does not recommend
expungement of the records, the petitioner may, not later than 90 days
after receiving notification from the Attorney General of such
recommendation, appeal such denial in the United States district court
for the district in which the conviction was obtained.
``Sec. 3634. Effect of expungement
``(a) In General.--An order granting expungement under this
subchapter shall restore the individual concerned, in the contemplation
of the law, to the status such individual occupied before the arrest or
institution of criminal proceedings for the crime that was the subject
of the expungement.
``(b) No Disqualification; Statements.--After an order granting
expungement of any individual's criminal records under this subchapter,
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--
``(1) operate as a disqualification of such individual to
pursue or engage in any lawful activity, occupation,
profession, and
``(2) held under any provision of law guilty of perjury,
false answering, or making a false statement by reason of his
failure to recite or acknowledge such arrest or institution of
criminal proceedings, or results thereof, in response to an
inquiry made of him for any purpose.
``(c) Records Expunged or Sealed.--Upon order of expungement, all
official law enforcement and court records, including all references to
such person's arrest for the offense, the institution of criminal
proceedings against him, and the results thereof, except publicly
available court opinions or briefs on appeal, shall be expunged (in the
case of nontangible records) or gathered together and sealed (in the
case of tangible records).
``(d) 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 adjudication.
``Sec. 3635. Disclosure of expunged records
``(a) Law Enforcement Purposes.--The Department of Justice may
release the record of an individual's criminal conviction expunged
under this subchapter to Federal or State law enforcement agencies and
United States attorneys and district attorneys--
``(1) for the purpose of prosecuting such individual for
any subsequent criminal offense and adjudicating such case; or
``(2) if such individual has made an application for
employment as a law enforcement officer, if such individual is
given notice of the disclosure and an opportunity to explain
the conviction.
``(b) Punishment for Improper Disclosure.--Except as provided in
subsection (a), whoever knowingly disseminates information relating to
an expunged conviction, other than the individual whose conviction was
expunged, or to such individual, shall be punished by imprisonment for
not less than one year and a fine of not more than $10,000 for each
offense.
``Sec. 3636. 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 misdemeanor or felony in any court of the
United States.''.
(b) Technical Amendment.--The analysis for chapter 229 of title 18,
United States Code, is amended by adding at the end the following item:
``D. Expungement......................................... 3631''.
(d) Effective Date.--The amendments made by this Act shall apply to
individuals convicted of an applicable crime at any time before or
after the date of enactment of this Act.
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