The Fresh Start Act of 2010
On June 9, 2010, Congressman Steve Cohen (D-TN) introduced H.R. 5492, the “Fresh Start Act of 2010.” The bill would provide for the expungement of certain criminal records in limited circumstances.
The Fresh Start Act would enable an eligible individual convicted of a nonviolent offense to file a petition to expunge that offense from his or her criminal record. The bill would seal the record of the criminal offense and make it available only (a) Federal or State court or Federal, State or local law enforcement in the case of a criminal investigation or prosecution or in conducting a background check, or (b) a State or local agency charged with issuing licenses to possess firearms, in the case of an individual applying for such a license.
To be eligible, a person must have:
- never been convicted of a state or federal criminal offense other than the nonviolent offense for which expungement is sought; and
- fulfilled all requirements of the sentence of the court in which the individual was convicted of that nonviolent offense, including paying all fines, restitutions and assessments; completing the assigned term of imprisonment or probation; satisfying all conditions of supervised release; and, if required by the sentence, abstaining from alcohol and/or controlled substances for a period of not less than one year.
If, seven years after fulfilling all requirements of the sentence, an eligible person petitions for expungement, the bill would direct the courts to grant the petition.
The Fresh Start Act is just one of the thousands of bills filed in this Congress. All are referred to the committee or subcommittee of jurisdiction, but very are scheduled for a vote.
This bill was referred to the House subcommittee on Crime, Terrorism and Homeland Security on July 26, 2010. No companion bill has been introduced in the Senate. It may take several years to develop the type of support needed for this bill to pass both the House and the Senate. (A bill needs at least 217 votes to pass the House of Representatives and at least 50 votes to pass the Senate.)
FAMM supports this legislation.