May 3, 2021– Due Process Institute urges Congress to pass the bipartisan Clean Slate Act (S. 1380 + H.R. 2864), introduced by Sens. Bob Casey (D-PA) and Joni Ernst (R-IA) and Reps. Lisa Blunt Rochester (D-DE) and Guy Reschenthaler (R-PA), and give individuals with certain federal criminal records an opportunity for a second chance.
An estimated 70 million Americans have a criminal record and this means as many as one in three people face obstacles to secure housing and/or employment. This legislation would provide for the automatic sealing of records for simple possession of a controlled substance under 21 U.S.C. § 844 or records for any federal nonviolent marijuana offense—one year after someone has completed his or her sentence.
The Clean Slate Act also provides a petition process for the sealing of records for certain nonviolent offenses. A person who has been convicted of two or fewer nonviolent offenses can petition a court to seal the record after completing the terms of any sentence. Individuals who have been convicted for treason, terrorism, access and transmission of sensitive information, national security-related offenses, and sex offenses would not be eligible for record sealing.
Some states—including Pennsylvania and Utah—have already passed “Clean Slate” legislation to automatically seal records while most other states have some form of record sealing or expungement laws. Federal law is extraordinarily lacking in this area. April is “Second Chance Month” and Congress should take this opportunity to explore ways to provide second chance opportunities to the millions of people who need a “clean slate” to move forward with their lives.