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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. 1434 – Dead
107th Congress: H.R. 696 – Dead
106th Congress: H.R. 5433 – Dead

Written by Mathew Higbee, Esq

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19 Responses Leave a comment

  1. Sharlene Plescia says:

    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.

    • Mathew Higbee, Esq says:

      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.

  2. Sable says:

    what if anything happened with the crack law new guide lines

    • Mathew Higbee, Esq says:

      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.

  3. sable says:

    Thank You for the information

  4. Alex says:

    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?

  5. melvina w says:

    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.

  6. shelley belsky says:

    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.

  7. Sable says:

    Have they ruled on the retroactive crack law yet the were suppose to do it nov.1-2010

  8. Mark says:

    Does any one know what the status of the second chance for ex-offenders is as of today???

  9. Amanda85 says:

    How are the laws in Florida? I know that you cannot do anything unless you had withheld adjudication, but are the laws changing? Is there any hope for the laws in Florida to change? Who could I write to or contact to voice my opinion? Do you think what I say will even be heard? How does this website go about submitting things to try to change laws?

  10. Amanda85 says:

    Why won’t they accept the Second Chance Bill? It’s not fair!

  11. Willie Anderson says:

    Last month a case I had am111118 was dismissed after 18 years it was a misdemeanor what can I do to get my picture off the resister list and have it closed for good I cannot find work and is there anything else I need to do since I have this letter saying it was dismissed..

  12. modern warfare 3 says:

    I personally admire Mel Gibson.

  13. Wrongly accused says:

    Sir, I have been convicted in CA Federal Court for “Fraud”. The plea deal I had to accept was a “No-Jail” Felony in regards to falsifying two home loans, which I did not do. None the less you are forced into accepting a plea deal or risk going to prison. I cannot accept that fate as I have to support my family. None the less, is the Second Chance Law applicable in the state of TX (where I now reside)? Also, is there any other way I can have this conviction either reduced, exspunged or removed??? THank you.

  14. Teresa says:

    My son is 26 in 2009 he committed two robbery offenses in the State of California. In the midst of going the trial we learned our son was suffering from schizophrenia. He was hospitalized for 6 months during the court proceedings which lasted about two years. He served a 30 day prison sentence by the time everything was over. He is now medically compliant and doing well. He’s accepted his illness and is ready to move forward. He is having a hard time finding employment and housing. Can he get his records ceiled based on the offenses?

  15. Mark Johnson says:

    I was arrested for possession of child porn on my computer in Indiana. My Public Defender did not want my case going to trial for some reason. I told him that I did not want the pics and was going to give the police that visit the restaurant I managed and let them do what they had to. Unfortunely it was too late and I was arrested. I was sentenced to 3 years probation and put on the registry as a sex offender.
    My question is I am living in Indiana and will be moving to Southern California next summer 2014. Would I be able to be allegeable for the Second Chance Law there? There was no victim. I did not study the pics I thought they were some ones sick photo shop pics that I did not ask for.

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