A coalition of bipartisan congressional leaders has reintroduced the Clean Slate Act and Fresh Start Act-two pivotal bills designed to automatically seal non-violent federal marijuana records and empower states to expunge similar convictions. These reforms aim to remove barriers to employment and housing, support economic opportunity, and provide a genuine second chance for millions of Americans.
A New Era for Justice: Congress Moves to Seal Federal Marijuana Records and Support State Expungements
In a strong push for criminal justice reform, members of Congress from both parties have reintroduced the Clean Slate Act and the Fresh Start Act. These legislative efforts are designed to automatically seal federal criminal records for certain non-violent marijuana offenses and to provide resources for states to facilitate automated expungements of similar convictions.
Automatic Expungement for Non-Violent Marijuana Offenses under the Clean Slate Act
Spearheaded by Sen. Lisa Blunt Rochester (D-DE) and Rep. Laurel Lee (R-FL), with Sen. Rand Paul (R-KY) as the lead Republican co-sponsor, the Clean Slate Act would require the automatic sealing of criminal records for individuals convicted of non-violent federal marijuana offenses or Subject to arrest for incidents that did not lead to a formal conviction.
This measure is not only about redemption but also about boosting the economy by removing unnecessary barriers to employment and housing for people who have already paid their debt to society.
Notable elements of the Clean Slate Act are:
- Non-violent federal marijuana offenses and arrests without convictions are eligible for automatic record sealing.
- A petition process for individuals with other non-violent offenses not eligible for automatic sealing, allowing them to request relief from the courts and reapply after two years if initially denied.
- Court-appointed public defenders to assist indigent petitioners in navigating the record-sealing process. Exclusions for sex offenders, those convicted of terrorism, treason, or other national security offenses, and individuals with violent crime convictions. Ensures employers are not held liable for misconduct connected to sealed criminal records.
Federal Support for State Expungement Efforts under the Fresh Start Act
The Fresh Start Act, also part of this legislative package, would provide federal funding to states that establish or improve automated systems for expunging or sealing criminal records.
The goal is to help states modernize their record-clearing infrastructure, making the process more accessible and efficient for eligible individuals.
The Fresh Start Act introduces a number of significant provisions, such as:
- Grants from the federal government to support states in improving or enacting automated expungement and record-sealing laws.
- Prohibition of grant funding for states that delay expungements due to outstanding fines or fees, ensuring that financial barriers do not hinder justice.
- Mandatory reporting by states on the number of records sealed or expunged, with data broken down by race, ethnicity, and gender to ensure transparency and equity.
- Continued access to sealed records for courts and law enforcement to maintain public safety.
Broad Bipartisan and National Support
Both bills have garnered bipartisan and bicameral support, reflecting a growing consensus that criminal records for low-level, non-violent marijuana offenses should not be a permanent barrier to opportunity. At a recent press briefing, Rep. Blunt Rochester described the Clean Slate Act as a “strange bedfellow’s bill,” highlighting the diverse coalition of Democrats, Republicans, and independents backing the reforms. Rep. Laurel Lee, drawing on her experience as a public defender, prosecutor, and judge, emphasized the need to address the administrative and financial hurdles that prevent many eligible individuals from clearing their records.
Addressing the Real-World Impact
Advocates note that nearly one in three Americans has been arrested or convicted of a crime, and many who have turned their lives around still face obstacles to education, employment, and housing due to their records. The Clean Slate and Fresh Start Acts aim to break this cycle, offering a true second chance and helping individuals reintegrate into society.
Looking Ahead: A Push for Executive Clemency
While legislative reforms move forward, advocates are also urging the executive branch to expand clemency for those still incarcerated for marijuana offenses. Recent visits to the White House and public events by individuals who received pardons under previous administrations underscore the ongoing need for broad, compassionate relief.
Conclusion
The reintroduction of the Clean Slate Act and Fresh Start Act marks a significant milestone in the movement to reform America’s approach to low-level, non-violent marijuana convictions. By combining automatic federal record sealing with robust support for state-level expungement efforts, these bipartisan bills offer hope for millions seeking a fresh start and a fair shot at rebuilding their lives.