Congressman Steve Cohen (Democrat from Tennessee’s 9th Congressional District) introduced expungement legislation entitled the Fresh Start Act. If enacted, the law would provide much needed relief to many federal offenders and provide incentives for states to provide similar relief for those who are convicted in state courts.
According to a press release from Rep. Cohen, the legislation would enable non-violent federal offenders who have served their sentences and who are now law-abiding, productive members of society to have their convictions expunged from their records. Under Congressman Cohen’s bill, to be eligible for expungement an offender can not have committed any other state or federal offense, whether violent or non-violent, and must have met all the terms of his sentence.
Eligible people could apply as soon as they complete all terms of their sentence and expungement would be automatic after 7 years finishing their sentence.
Sex offenders or those who commit property crimes valued at more than $10,000 are not eligible for relief.
A copy of the bill or bill number was not provided in the press release, so I cannot comment much about it other than to say it is encouraging to see some movement at the federal level.
The bill is currently in the Judiciary Committee’s Subcommittee on Crime and has 14 co-sponsors.
You can read more at http://cohen.house.gov/index.php?option=content&task=view&id=1206
A complete analysis will soon be posted in the blog. If you support the idea of creating a federal expungement law, please join RecordClearing.org and sign-up online. We will keep you informed of ways you can help create a federal expungement law.
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Written by Mathew Higbee, Esq
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We need stuff like this, people all accross the country deserve second chances. Thanks for the great site.
I have a criminal record in the U.K. but was born and live 8n the U.S. I wanted to know how can i get my record cleared from the United States.
There is no law in the United States that affect the status of a criminal record in a foreign country. You should probably seek a legal remedy in the court where the record is located. Sorry that I cannot be of more assistance; I am not familiar with the expungement laws of the United Kingdom.
how about expunging a conviction in a foreign for a prisoner that was transferred to the U S abd ressentenced served all time and parole and been violation clear for 10yrs The charge was transporting marijuana
What is a report that is made by a second party but has never resulted in a conviction? How long is the statute of limitations for such a report?
If you paid someone, I would assume that someone is a lawyer. If the lawyer is still practicing, you should contact that lawyer. Otherwise, you contact the court and ask them why they are still reporting the case as a conviction when it was dismissed through expungement a long time ago.
I had a felony in Tx. when i was 19,or 20 Im 48 now nothing since then no trouble but lived in another state for 20 years do I need to go back to Tx. or can any state do explungment?
hello I am an unemployed commercial truck driver since november 2009. Most companies will not hire me due to too many traffic citations even though I am just two citations over the criteria limit. It has brought me very bad finicial hardship. I have went to my county court house, but they will not help me try too get these matters expunged. So my question is how do I go abut getting these infractions of my motor vehicle report. This really has me bafffeld and very confused. Reason being persons doing way more harsh crimes than traffic violations can get there records cleared and such persons has me cannot.My citations are in California and this is also wher I reside. My case nos. TTR437399;7108HR;77021KN.
My date of birth is 10/30/1964 can you give me some advice or help in this matter. I thank you for your time and any incovience. THANK YOU!!!
I want to know if there is currently any law for federal cases (non-violent) to be espunged. If so, is there any attorneys available for their service
Im an RN since 2003. Prior to being hired by an East Bay Hospital i worked for a nursing home where I was maliciously accused by a aptient. I did not know better then, and was advised by the judge advocate to just let the case run it’s course since it’ll not affect my career in anyway. The accusation from the CA Board of Nusing came when I was alreadu working as an ICU RN, and the hospital cooperarated with the board during the probationary period that was given me with no work limitations. But everytime I apply for another job, the prior discipline appears when they verify my license online, The board claims it’s a federal law to have it on my file. It prevents me from being hired and I feel like I did not do anytjing bad, I was just misguided on how to deal with it. It’s been 3 yrs since I successfully completed my probation, but unluckily i lost my job, and have been jobless for close to year now. Pls help.
Wasfalsely accused, sentanced then after I was sent to serve the courts change my sentence and added years without me in front of a court at all. Served for something I did not even do. Now can not get a job anywhere, and have been told by Michigan works interveiwers that in Michigan felons can not work around the public, in places that collect monies or financial institutions, hospitals or health related jobs, or any public place. Tell me what do I do for a living I was punished for some thing I did not even do and now I am being punished again.
I was convicted of second degree burglary 10 years ago. I was trying to expunge my record since last year but DOJ could not find it, then I found out that the crime that I did was in Federal Misdemeanor because I stole some merchandise at a Military base store. I got laid off for almost 2 years now and could find a job because every time they finger print me it comes out that I have this record. I have completed my probation and paid all the fines 9 years ago and never had any more violation since then. Is there any way that I can expunge my federal crime record?
Not until a federal expungement law like the one mentioned in the article is enacted.
Hello,
I understand your frustration, because i am in the same boat, but my offense happen 32 years ago, and I still am unable to obtain employment. i am excited about this new suppose bill.
Congressman Steve Cohen (Democrat from Tennessee’s 9th Congressional District) introduced expungement legislation entitled the Fresh Start Act. If enacted, the law would provide much needed relief to many federal offenders and provide incentives for states to provide similar relief for those who are convicted in state courts.
i was set up by ex husband went to jail for no reason 3 months i refuse probation. then they set me up with a no contact order my ex husband call me so there for i violated a no contact order which automatic charged me with a crime i didn’t commit. it’s been five yrs can i clear my record even thoe i vaulated my probation of a no contact order.Do i have a second chance to live again because am a good person who been cheated of my life.
Marlo, in what state did this happen?
I paid a loan modification company $3000 to help me in April 2009. I was assigned 3 different negotiators that didn’t help at all, the first negotiator said that I was given a trial modification for 3 months, but it wasn’t. It was a forbearance instead,and now I have a $20,000 balance due to their lies, or incompetence. What can I do? The company is in AZ ,so is the property.
Interesting place to post a question about loan modification. I would report the company to the Better Business Bureau, and if they are attorneys, to the state bar. As far as what to do with your loan, there are good loan modification companies (www.firstsourcelaw.com) and free alternatives through HUD… you can also attempt it yourself.
I was convicted in the Eastern & Southern federal district court of NY of 1 count of wire fraud in 1997.
I live in NY.
Got 5 yrs probation.No jail time.Finished probation 2002.
Never lost my civil rights.I can vote, hold office, and have even served on a jury.
I’m told I can’t get my gun rights back…federal or state.
I’m a lifelong hunter, and was on a NRA sanctioned rifle team when I was 12, earning my sharpshooter certificate at 13.
Seems a shame to be denied access to a sport I love, and would love to pass on to my kids.
Outside of a federal pardon, anything new out there that can help me with this situation?
Not yet. Federal expungement is still at least a year away.
i have a case that has been expunged so it says but i just was at this bus company that was working for in they got my record back and said it was something on there but on my court papers it say the case was drop to a Misdemeanor in expunged my question is why is it still showing?
I need to know more about your case to answer that question, primarily, in what state was the conviction and what was the conviction for. Please post the answer to this question and and additional questions in the Forum section of this site. Thank you.
It was a felony case possession of a firearm which was reduce to a misdemeanor in then dismissed the city in state i got it in is Long Beach CA. I have another question for you about this case I was working for this company in when i filled out the app i but that i did not have a felony because California law state that i do not have to disclose it unless it is the military or certain federal government jobs this job is nether it is a bus company any way they found out about the felony i showed them my paper work stating that the case was dismissed but they fried me is this wrongful Termination
John, expungement in CA makes the case a dismissed case and gets the conviction off of your record. It does not destroy or seal all of the court records. If the employer does a background check through the CA Dept of Justice (which requires your consent), they will see records of the case.
Labor law is not my expertise, but it sounds like you might have a good cause of action. Who was the employer?
the employer is empire transportation
According to the transfer treaty with Mexico I should not lose any civil rights by transferring from mexico to the U S but I am still listed as a felon. Had I completed my sentence in Mexico I would have no record in the U S Is it possible to get this expunged. I was never on trial in the U S only in Mexico.
I plead guilty to 1 count of Bank Theft in Washington, DC in Federal Court on March 10, 1999 and was sentence on May 26, 1999 to the following: 4 months electronic monitoring, 5 years probation, pay $100.00 Assessment and pay $18,412.10. My probation ended on May 24, 2004.
What are my chances in getting my record sealed or expunged?
Unfortunately, zero percent chance as there is no federal expungement law.
I was court martialed and convicted in italy. Is there anyway i can get my record expunged. It was for larceny and conspiracy.
I think this law should affect people with petty misdemenors as well. Let’s face it, a person with a petty drug charge on their record gets discriminated against just as much as a felon who served 12 years in prison for drug trafficing. I hate that people can judge you based on what a piece of paper says; that was writen by a person who doesn’t even know you! Ugh!
I was convicted of possession of a controlled substance while serving in the Air Force and it has been over 13 years since the conviction and I would like to have it expunged. Can someone please assist me.
I was convicted in 2006 for embezzlement from the Mississippi Band of Choctaw. I pleaded guilty and returned all the money over to the proper authorities. I have held a job that does not require a background check thank God, but I do handle large amount of monies and blank checks and not once has it cross my mind to do something crazy. I would love to have my record clean so that my seasonal job would become a full time job. Can someone please recommend a good lawyer to me.