For the 10th year in a row, Congressman Charles Rangel (D-NY) introduced the Second Chance for Ex-Offenders Act. Unfortunately, the bill will has meet the same fate as it had in previous years, this despite the fact that a Democrats control Congress and the White House.
The bill, HR 1529, was not a priority in a legislative session dominated by President Barrack Obama’s agenda. Further hindering the bill’s chances was the fact that the bill’s sponsor was busy unsuccessfully defending allegations that he was an offender. Rep. Rangel, was found to have violated House gift rules by accepting corporate funding for trips to the Caribbean. Rangel was forced to resign his chairmanship of the Ways and Means Committee.
The last action the HR 1529 was March of 2009.  The bill is listed as “dead” in the House Judiciary, Subcommittee on Crime, Terrorism, and Homeland Security.   Staff members for Rep. Rangel have indicated that the bill will be reintroduced, assuming Rep. Rangel is reelected. A federal expungement law will likely have to wait until at least 2011.
Previous versions of the federal expungement law were as follows:
110th Congress: H.R. 623 – Dead
109th Congress: H.R. 662 - Dead
108th Congress: H.R. 1434Â - Dead
107th Congress: H.R. 696 – Dead
106th Congress: H.R. 5433 – Dead
Written by Mathew Higbee, Esq
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My son, 38, committed rape by force in 1992, consented sex where his girlfriend changed her mind mid act and my son continued against her will or so she says. He served 1-1/2 year of a 3 yr sentence, plea deal. 15 years after his crime, because he had been in and out of jail on under the influence charges, serving 3-12 months each time, parole made him wear a monitor. No other crimes committed in 18 years. Any chance for expungement for him? He was incarcerated again 2 weeks ago,for “talking to a minor on the phone when he called his friend and his friends 14 year old answered. My son owed him rent so he called parole and had him arrested for talking to his daughter on the phone. The other charge, possession of pornography, i.e. photos of his fiance he took while she was visiting in California. (consented). Again, 18 years since he committed any crime but under the influence yet they have placed him on a high risk.
I am assuming that the 1992 offense took place in California. If I am wrong, ignore this analysis. Expungement will not be an option for him because California’s expungement law requires that the offense end in probation (not parole). He might be eligible for a certificate of rehabilitation, but I cannot say for sure without knowing what Penal Code section he was convicted of and the date he left prison. The certificate of rehabilitation does relieve some offenders of the duty to register pursuant to Penal Code section 290.
what if anything happened with the crack law new guide lines
There were a few proposals in Congress to change sentencing requirements in regard to crack cocaine. I do not think any of them actually were voted on yet.
Thank You for the information
I was convicted of felony possession of marijuana in North Carolina 17 years ago. When I was charged I was 17 years old. It was a non-violent offense. Is there any way to get the felony expunged, or is the slim possibility of a governor’s pardon (which doesn’t erase the conviction) my only hope?
hello, i was convicted of felony hit and run i went to the legal aid foundtaion to get the record expunged. however it is still showing up on my record. what can i do about this.
You need to tell me in what state this happened. The laws vary by state.
I am 39, I have been convicted of residential burglary twice, (2 considered violent felonies) amd a misdemeanor theft. The oldest in 1996 (f) then in 1997 (f) and the latest one (m) in 2005. any hope for my case? I completed a 7 yr prison term in 2004, successfully completed my parole and have been on misd, probation since 2007 for a dui.