To require Federal law enforcement agencies to expunge voidable arrest records, to provide incentive funds to States that have in effect a system for expunging such records, and for other purposes.

February 27, 2003

Mr. NADLER (for himself, Mr. SERRANO, and Mr. TOWNS) introduced the following bill; which was referred to the Committee on the Judiciary

To require Federal law enforcement agencies to expunge voidable arrest records, to provide incentive funds to States that have in effect a system for expunging such records, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Clear Your Good Name Act'.

SEC. 2. REFERENCES IN FEDERAL RECORDS TO VOIDABLE ARRESTS.

(a) IN GENERAL- Any reference in any Federal law enforcement agency record to an arrest of a person living after the effective date of this Act, and any Federal law enforcement agency record (such as fingerprint records or photographs) generated pursuant to that arrest, shall be expunged--

(1) not later than 30 days after the date on which that arrest becomes a voidable arrest, if the arrest occurred on or after the effective date of this Act; or

(2) to the extent provided in a Federal expungement order, if the arrest occurred before the effective date of this Act.

(b) FEDERAL EXPUNGEMENT ORDER- Any person living after the effective date of this Act may petition a Federal district court of competent jurisdiction for a Federal expungement order referred to in subsection (a)(2). If the court finds that the arrest is a voidable arrest, the court shall order the custodian of the record to expunge, not later than 30 days after the receipt of the order--

(1) any reference to that arrest; and

(2) any record generated pursuant to that arrest.

(c) REGULATIONS- The Attorney General shall issue regulations to ensure compliance with the requirements of subsection (a).

(d) CLASS B MISDEMEANOR- Whoever knowingly fails to expunge a reference or record required to be expunged by this section, or releases a reference or record required to be expunged by this section, shall be--

(1) guilty of a class B misdemeanor; and

(2) punished in accordance with title 18, United States Code.

(e) RIGHT OF INDIVIDUAL WITH VOIDABLE ARREST- If an arrest is a voidable arrest, the person arrested may respond to any inquiry as though the arrest did not occur, unless otherwise provided by law.

(f) VOIDABLE ARREST- For purposes of this Act, the term `voidable arrest' means any arrest resulting in any of the following:

(1) Release of the person without the filing of formal charges against the person.

(2) Dismissal of proceedings against the person.

(3) A determination that the arrest was without probable cause.

(g) EFFECTIVE DATE- This section shall take effect on the first day of the fiscal year succeeding the first fiscal year beginning two years after the date of the enactment of this Act.

SEC. 3. REFERENCES IN STATE RECORDS TO VOIDABLE ARRESTS.

(a) GRANT INCENTIVE- Section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) is amended by adding at the end the following:

`(g) INCENTIVE FUNDS-

`(1) IN GENERAL- The funds available under this subpart for a State shall be increased by 10 percent if a State has in effect throughout the State a law which provides expungement procedures, criminal penalties, and individual rights with respect to voidable arrests that are substantially similar to the Federal procedures, penalties, and rights set forth in section 2 of the Clear Your Good Name Act.

`(2) COMPLIANCE- The Attorney General shall issue regulations to ensure compliance with the requirements of paragraph (1).'.

(b) CONFORMING AMENDMENT- Subsection (a) of such section is amended by striking `subsection (f),' and inserting `subsections (f) and (g),'.

(c) EFFECTIVE DATE- The amendments made by this section shall take effect on the first day of the fiscal year succeeding the first fiscal year beginning two years after the date of the enactment of this Act.

SEC. 4. REPORTS.

(a) FEDERAL ARRESTS AND EXPUNGEMENTS- After the end of each fiscal year during which section 2 of this Act is in effect, the Attorney General shall submit to Congress a report on the implementation of that section in that fiscal year. The report shall include the following information:

(1) The number of arrests that, during that fiscal year, became voidable arrests.

(2) The number of voidable arrests the records of which were, during that fiscal year, expunged under section 2(a)(1) of this Act.

(3) The number of voidable arrests the records of which were, during that fiscal year, expunged under section 2(a)(2) of this Act.

(b) STATE ARRESTS AND EXPUNGEMENTS- After the end of each fiscal year during which subsection (g) of section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756), as added by section 3 of this Act, is in effect, the Attorney General shall submit to Congress a report on the implementation of that subsection in that fiscal year. The report shall include, for each State referred to in that subsection, the following information:

(1) The number of arrests that, during that fiscal year, became voidable arrests.

(2) The number of voidable arrests the records of which were, during that fiscal year, expunged under the provision of law of that State that is substantially similar to section 2(a)(1) of this Act.

(3) The number of voidable arrests the records of which were, during that fiscal year, expunged under the provision of law of that State that is substantially similar to section 2(a)(2) of this Act.

END