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We Endorse the Clean Slate Act
May 1, 2025–It is estimated that 1 in 3 Americans–as many as 100 million people—have some kind of a criminal record. This means that as many as one in three people face major obstacles in securing a job or housing. At the same time, the United States faces a shortage of workers. In January 2025, for example, there were 913,000 more job openings than unemployed people actively seeking work. Congress can take a meaningful step towards addressing these challenges through the Clean Slate Act.
The stigma of a criminal record, particularly if an individual has spent time in prison, is a barrier to employment. Due to a number of outdated “tough on crime” policies that continue to burden those with a criminal record long after their matter has resolved with the legal system, we are setting people up to fail when we should be providing opportunities and support to help them succeed—for the betterment of themselves, their families, their communities, and our society at large.
Introduced by Sens. Lisa Blunt Rochester (D-DE) and Rand Paul (R-KY) in the Senate and Reps. Lucy McBath (D-GA) and Nathaniel Moran (R-TX) in the House, the Clean Slate Act offers a path for individuals with certain nonviolent federal criminal records an opportunity for a second chance. The Clean Slate Act would provide for the automatic sealing of records for those people acquitted or exonerated, people who were arrested but never had charges filed against them, as well as those convicted of simple possession of a controlled substance under 21 U.S.C. § 844 or for any federal nonviolent marijuana offense—one year after someone has completed his or her sentence, probation, and/or supervised release.
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 one year after completing all the terms of any sentence. Eligible individuals would be notified of their right to file a petition to seal their record; notification would also be sent to the prosecutor and any victim of the individual’s actions. A hearing would be required unless the prosecutor waived it. If the prosecutor challenges the petition, the petitioner would be given access to a public defender and the burden falls to the government to prove that the sealing of the record is not warranted.
Twelve states 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. Due Process Institute supports the Clean Slate Act and urges senators and representatives to co-sponsor and support this bipartisan bicameral legislation. We encourage Congress to 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.
We Urge House Members to Support Second Chances
September 20, 2022–Due Process Institute strongly encouraged Members of the House Committee on the Judiciary to support the Clean Slate Act, H.R. 2864, and the Fresh Start Act, H.R. 5651, which are supported by bipartisan groups of House members across the ideological spectrum.
Even the most minor of offenses—including those that don’t result in prison time—can impact an individual for many years. A criminal record can significantly hinder job, education, and housing opportunities, which not only continues the punishment for the individual long after his or her sentence, but also likely has an adverse impact on public safety because it increases the likelihood of that person’s recidivism.
The Clean Slate Act 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 any potential prison sentence. The Clean Slate Act also provides a petition process for the sealing of records for certain nonviolent offenses. Specifically, 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. Furthermore, the Fresh Start Act would authorize $50 million annually in state grants for each of the next five fiscal years to help improve existing automatic record-sealing and expungement laws.
The best way to reduce recidivism is to provide a path forward for individuals with a criminal record who seek to improve their lives through education, employment, and housing opportunities.
We Urge House Judiciary to Pass Legislation to Expand Expungement Eligibility
April 4, 2022–Due Process Institute wrote to House Judiciary Committee members to vote in favor of the Kenneth P. Thompson Begin Again Act (H.R. 1924), a bill designed to improve expungement opportunities and second chances. Currently, there is only one very limited expungement statute—18 U.S.C. § 3607(c)—which potentially allows a person to expunge a first-time charge of simple possession of a controlled substance under 21 U.S.C. § 844. Under this law, a first-time offender can seek prejudgment probation for up to a year and, if they comply with all probation conditions during that time, they may seek dismissal of the federal possession charge and therefore avoid conviction. Then, those under the age of 21 can seek expungement of records associated with the offense after successful completion of probation. Obviously, this age limitation in current federal law prevents many others who are facing first-time simple possession charges from expunging their records. The Begin Again Act (H.R. 1924 and S. 2502) would amend current law to remove the age cap and thus expand the availability of record expungement to any person charged with their first offense of simple possession who has successfully completed prejudgment probation regardless of their age.
You can read more on this issue in our recent blog post.
We Call for Congressional Support to Expand Expungement Eligibility
September 23, 2021–Due Process Institute joined a coalition of varied perspectives on a range of issues to urge the Senate Judiciary Committee to pass and support the bipartisan Kenneth P. Thompson Begin Again Act. This legislation would remove the age requirement for those seeking an expungement order for first-time federal drug possession offenses.
This legislation is a smart, carefully crafted means to alleviate the collateral consequences associated with a criminal record and that it will help individuals get back to work and make communities safer. Far too often, punishment does not end once a sentence is completed, but rather has a lasting impact for subsequent years and in many cases a lifetime. A criminal record results in thousands of collateral consequences affecting individuals’ and families’ everyday lives that are often overlooked by the public and the judiciary. Even misdemeanor offenses can have serious implications on an individual’s ability to find steady employment, obtain housing, and access public assistance.
Congress now has the opportunity to join this growing movement with the introduction of this meaningful legislation. It offers a tailored approach to lowering recidivism rates, increasing public safety, and providing second chances so people can contribute to society at their greatest potential. The Senate Judiciary Committee continued bipartisan leadership on criminal justice reform issues is encouraging and we strongly support another step in this direction by the swift passage of the Kenneth P. Thompson Begin Again Act.
We Endorse Second Chance Legislation
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.
We Endorse Bipartisan Bill to Expand Federal Expungement Law
March 16, 2021–Due Process Institute supported today’s introduction of a bipartisan bill to expand the federal expungement law. Introduced by Rep. Hakeem Jeffries (D-NY) and Rep. Van Taylor, and joined by House Judiciary Committee Chairman Jerry Nadler (D-NY) and Rep. Dan Crenshaw (R-TX), the Begin Again Act (H.R. 1924) would amend 18 U.S. Code § 3607 to make anyone, regardless of his or her age, eligible for expungement of a simple drug possession charge under 21 U.S.C. § 844. A criminal record, particularly a conviction, is a significant barrier to employment, housing, and education opportunities. Avenues to pursue record-sealing or expungement for certain offenses offer avenues of opportunity to those with a criminal record and prevent a mistake from impeding them for the rest of their lives. The bipartisan Kenneth P. Thompson Begin Again Act provides a way for all individuals, regardless of their age, to not be defined by this one conviction.
DPI Endorses New Bill Advancing Second Chances
October 9, 2020–The bipartisan Kenneth P. Thompson Begin Again Act was introduced in the House with the support of a diversion coalition supporting the bill. The Begin Again Act expands the current federal expungement process to include any individual convicted of a first-time, simple possession charge. This bill is a commonsense reform that will ensure these individuals can acquire a true second chance and aligns with a growing body of research showing that expungement has positive benefits for our economy and public safety
For more information about this bill, see Due Process Institute’s brand-new blog and our coalition letter to support the bill’s introduction.