Second Chance Act
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This article documents proposed legislation that is currently being considered. Information may change rapidly as the course of legislation progresses. |
The Second Chance for Ex-Offenders Act of 2007 (H.R. 623), titled "To permit expungement of records of certain nonviolent criminal offenses" is a bill submitted to the United States House of Representatives by Representative Charles Rangel (D-NY) to amend the federal criminal code to allow an individual to file a petition for expungement of a record of conviction for certain nonviolent criminal offenses. The resolution was introduced on January 22, 2007. H.R. 623 is still pending congressional action.
Confusingly, a similarly-named bill, the Second Chance Act of 2007 (H.R. 1593), titled "To reauthorize the grant program for reentry of offenders into the community in the Omnibus Crime Control and Safe Streets Act of 1968, to improve reentry planning and implementation, and for other purposes" was submitted to the House by Representative Danny Davis (D-IL) to amend the Omnibus Crime Control and Safe Streets Act of 1968 to reauthorize, rewrite, and expand provisions for adult and juvenile offender state and local reentry demonstration projects to provide expanded services to offenders and their families for reentry into society. H.R. 1953 was signed into law April 9, 2008.
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[edit] Overview of H.R. 623
[edit] Qualifications
The bill specifies five criteria that individuals must meet in order to qualify for the Second Chance Act. They are:
- No convictions for a violent offense and no conviction for a nonviolent offense other than the one they are trying to expunge.
- Must have fulfilled all requirements of their sentence.
- Must have remained free from drug or alcohol dependency for at least one year and have been rehabilitated to the court's satisfaction, if that is part of their sentence.
- Must have obtained a high school diploma or GED.
- Must have completed at least one year of community service, as determined by the court.
Nonviolent offenses are defined by the Act as "a misdemeanor or felony offense... [that does not involve] the use of a weapon or violence and which did not actually involve violence in its commission."
[edit] Procedure
The bill divides the procedure into two components. First, the offender may file a petition for expungement in the court where the record was obtained, with a copy sent to the United States District Attorney of that district. Within sixty days, the District Attorney may make a recommendation to the court and notify the offender of the recommendation. Next, the court delivers a ruling after considering evidence submitted by both the offender and District Attorney or other government agencies. The court will take into consideration the offender's eligibility as per the bill's qualifications, and also whether expunging their record will have an adverse effect on the public good or safety.
[edit] Effects
Upon expungement, all records pertaining to the criminal offense, except publicly available court opinions and appeal documents, would be sealed. Ex-offenders would no longer be required to divulge information related to the expunged conviction. Their status as ex-offenders would not be grounds to disqualify them from any profession. However, a nonpublic record of a disposition or conviction would still be retained by the Department of Justice for use in any subsequent legal action.
[edit] Disclosure
The Department of Justice would maintain nonpublic manual or computerized index of expunged records containing former offenders names and contact information for the agency, office, or department with custody of the expunged records for contact purposes. The former offender would be required to make their records available in the following scenarios:
- To the licensing agency or office when attempting to obtain a license to carry a firearm;
- To law enforcement when involved in a criminal investigation;
- To any city, state, or federal employers when applying for a job in those fields related to investigation or prosecution of people under civil or criminal statues, such as a police officer.
Anyone other than the offender disclosing information about their expunged criminal offense would be subject to fine or imprisonment for up to a year.
[edit] Reversal
Any subsequent conviction, at either Federal or State level, would result in a restoration of the expunged record.
[edit] Current co-sponsors
Including Rep. Rangel, the resolution has, as of June 2008, eighteen co-sponsors, most of whom are members of the Congressional Progressive Caucus and/or the Congressional Black Caucus or Congressional Hispanic Caucus. They are:
[edit] Current Status
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This article documents proposed legislation that is currently being considered. Information may change rapidly as the course of legislation progresses. |
The resolution was referred to the Subcommittee on Crime, Terrorism, and Homeland Security, chaired by Congressman Robert C. Scott, in March 2007.
As of August 2007, neither the subcommittee nor the full Judiciary Committee, chaired by Congressman John Conyers, has yet to schedule a hearing on the resolution.
[edit] Arguments
The primary arguments made by Rep. Rangel and supporters of the bill have been economic: by forcing all federal ex-offenders, including those who only offended once, those convicted of non-violent crimes, and those whose offense may have occurred years or even decades ago) to reveal their status to prospective employers severely limits their job opportunities after release. In many cases, this lack of job stability perpetuates a cycle of poverty and other forms of disenfranchisement, becoming a major contributor to recidivism, which in turn increases demands on the resources of the federal prison system and drives up prison costs. The goal of the legislation would be to reward non-violent felons for good behavior and a demonstrated desire and commitment to rehabilitating themselves by assisting them in re-establishing themselves as full members of their communities. Expunging criminal records would carry other benefits as well, removing or dramatically minimizing obstacles towards obtaining housing, education, and the restoration of voting rights.
Another point raised by Rangel has been that serious problems with the federal justice system, such as mandatory minimum sentencing laws, which he alleges are responsible for sending a disproportionate number of women and minorities to prison, could be combated through his bill by making it easier for offenders to move on after their release, rather than being continually reminded of, and being forced to pay, for their past crimes.
[edit] Support
HR 623 has received strong support from various grassroots organizations working with prisoners, former prisoners and ex-offenders, including the Prison Fellowship International-affiliated-Justice Fellowship, the Chabad-affiliated-Aleph Institute, Families Against Mandatory Minimums, FedCure.org, Crimnion International, the Colorado Criminal Justice Reform Coalition, and Offender Aid & Restoration. One of its strongest advocates has been Rehabilitated Project, a California-based organization and coalition run by activist Charles Benninghoff which offers a variety of programs to ex-offenders to help them rejoin society, with a strong focus on employment. Benninghoff, who is intimately familiar with the stigma attached to federal ex-con status (having been convicted on conspiracy charges in 1999), has written numerous articles and made various media appearances to promote HR 623, and has played a large role in garnering co-sponsors for it in the House of Representatives, including Rep. Filner.
Benninghoff has pointed out that in several countries in the world, and many U.S. states, there are clear procedures for expunging criminal records. For instance, in California, which has a high population of both state and federal convicts, ex-offenders can receive a Certificate of Rehabilitation from a Superior Court judge. The COR is then submitted for consideration to the Governor's office; as in the case of HR 623, a court merely finding that an ex-offender has reformed has no binding power over the ultimate decision to expunge their record. Federal offenders, however, have no way of restoring their status as citizens and are essentially left in limbo, or as Benninghoff put it, "are perpetually doomed to being in a sub-caste of humanity." [1] While The Rehabilitated Project's main focus is securing jobs for ex-convicts, Benninghoff has noted that there is also no mechanism for restoring federal offenders civil rights, including the right to vote, serve on a jury, or acquire professional licenses. Unlike their counterparts in the state systems, federal ex-offenders have "no way to show rehabilitation" apart from a Presidential Pardon.[2] Given that there has been a major reduction of Presidential Pardons during the Clinton and Bush administrations, Benninghoff argues that efforts to reintegrate federal ex-convicts now are both necessary as well as timely, as the only remaining option to the present situation seems to be a far-reaching legislative measure to normalize ex-convicts.[3]
In a July 2007 interview with NPR, Benninghoff called HR 623 "crucial to our society" and commented that "most people who have suffered a criminal conviction and have served their time have a reasonable belief that once they re-enter society and have proven themselves worthy, they should be allowed to rejoin." He stressed the dangers of removing rehabilitation and restorative justice from the federal prison system, as well as on the state levels (noting that California, while technically having a pardon system in place, has only issued four pardons in the last decade). This, claimed Benninghoff, leaves "no hope for redemption" for ex-offenders, and leads to them returning to crime due to a lack of options and opportunities.[4]
[edit] Quotes
"Almost all states have in place a system of expunging records or providing a meaningful chance for ex-offenders to rebuild their life. The federal government has no such system. Therefore, I introduced H.R. 623 , the Second Chance Act of 2007, which provides that federal ex-offenders have the same second chance as many state offenders."- Rep. Charles Rangel, Jun 5, 2007.
"Individuals released from prison have no chance of becoming productive members of society because their criminal records prevent employers from considering them for jobs. This leads many of them to return to lives of crime. In an effort to change the dynamic of recidivism, we must remove barriers to employment--particularly criminal records--which hang over the heads of ex-offenders, even those who have been rehabilitated. The Second Chance Act allocates $360 million towards programs that would help the ex-offenders adjust to their new environment after their release from prison. Focusing on four different areas: employment, housing, access to health services and families, it would provide a secure setting for the individual and make the transition easier, which would reduce the rate of recidivism."- Rep. Charles Rangel, Jul 27, 2007.
"The reality is that there are limited prospects for persons with criminal records. Each time they acknowledge their criminal pasts on job applications, they are likely to be turned away. H.R. 623 would remove this barrier of the past and lower the rates of recidivism by offering these individuals real opportunities for gaining legitimate employment..."- Rep. Charles Rangel, Mar 12, 2007. [5].
[edit] Sources
623 record, Library of Congress.
[edit] Notes
- ^ King of 'Carceration by Charles Benninghoff. American Chronicle July 5, 2007
- ^ Reintegration The Rehabilitated Project
- ^ The Death of Compassion The Rehabilitated Project
- ^ Do Ex-Offenders Deserve a 'Second Chance'? Tell Me More. NPR July 12, 2007
- ^ A Federal Criminal Conviction – The Gift That Keeps On Giving by Charles Benninghoff. Chronicle May 25, 2007
[edit] See also
[edit] External links
- Death of Compassion, The Rehabilitated Project on the dramatic decrease in Presidential Pardons.
- Rehabilitated Project on the Second Chance Act
- Project Coalition
- on the Second Chance Act
