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  1. #1
    Join Date
    Feb 2007
    Posts
    139

    Default H.R. 5492 - Fresh Start Act of 2010 (Expunge Federal and State Criminal Records)

    Congressman Steve Cohen (D-TN-9) introduced the Fresh Start Act, legislation he authored to enable non-violent federal offenders who have served their sentences and who are now law-abiding, productive members of society to have their convictions expunged from their records.

    The bill allows offenders to apply for expungement to the court where they were sentenced and allows the United States Attorney for that District to submit recommendations to the court. Applicants who are denied could reapply once every two years. Once seven years have elapsed since an offender has completed his sentence, expungement would be automatically granted. However, the bill would exempt sex offenders and those who commit property or financial crimes worth more than $10,000.

    Finally, the bill would also encourage states to pass their own expungement laws for state offenses. States that pass a substantially similar law would receive a 5 percent increase in their Byrne funding while those that do not would lose 5 percent of their Byrne funds.


    Please check Congressman Cohen speaking about the bill here:

    http://www.youtube.com/watch?v=xyRMpgct2GI

    Also, you can track the status of the bill here:

    http://www.govtrack.us/congress/bill.xpd?bill=h111-5492


    Everyone please call your state reps everyday as well as Congressman Scott's offices. They're located at:

    DC: (202) 225-8351
    Richmond, VA (804) 644-4845
    Newport News (757) 380-1000.

    Congressman Scott chairs the committee in which the bill sits. Tell him you support it and would like him to set it up to be heard.

    Keep making calls to you local reps and Congressman Scott's office in regards to bill H.R. 5492 and if you have not signed petition you may do so at:

    http://bit.ly/bkDauy

    After signing the online petition it'd also help to join a Facebook group dedicated to it which includes updates:

    http://www.facebook.com/?page=1&sk=m...29604700400467

    And a Yahoo! Group serving the same purpose:

    http://groups.yahoo.com/group/support_of_hr1529/


    Everyone who's interested in the expungement of a criminal record should help lobby for H.R. 5492 because not only will this bill add that option on the federal level but it'd put forth a huge incentive for states to implement it as well.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: H.R. 5492 - Fresh Start Act of 2010 (Expunge Federal and State Criminal Records)

    Yep, this bill and a similar first offender bill proposed often by Charlie Rangel (who may end up needing it soon) has been proposed several times over the past decade and never much made it out of committee (and certainly not into law).

  3. #3
    Join Date
    Sep 2010
    Location
    Greentree, PA
    Posts
    2

    Post Re: H.R. 5492 - Fresh Start Act of 2010 (Expunge Federal and State Criminal Records)

    Actually, this is sensible legislation that is due. It would [U]reduce[U]recidivism.


    Rep. Rangel has not been charged criminally, only administratively, by the House Ethics Committee. When this becomes law, it won't benefit him.


    For more information, check out www.federalexpungement.com

  4. #4
    Join Date
    Sep 2010
    Posts
    1

    Default Re: H.R. 5492 - Fresh Start Act of 2010 (Expunge Federal and State Criminal Records)

    Rangel introduced six versions of his bill called the "Second Chance for Ex-Offenders Act of (year introduced)" the last was H.R.1529 the "Second Chance for Ex-Offenders Act of 2009 and should not to be confused with Danny Davis's "second Chance" act, H.R.1593, which was signed into law by Pres. Bush. The commenter is correct that none of Range's many versions of this legislation ever made it out of committee but that is no reason for supporters to quit trying to correct the injustice.

    Congressman Cohen's H.R 5492, which is a much better bill in many ways, has effectively replaced Rangel's legislation and in fact, Rangel is a co-sponsor. First, anyone who meets all of the requirements set forth may make application for expungement of their record immediately upon completing such requirements. If denied they must wait 2 years to reapply. Of even greater importance is the "Mandatory Grant of Petition" clause which states " Except as provided in paragraph (2), the court shall grant the petition of an eligible petitioner who files the petition on a date that is not earlier than the date that is 7 years after the date on which the petitioner has fulfilled all requirements of the sentence. The United States Attorney may not submit recommendations under subsection (a) with regard to that petition". This simply means, if an ex-offender has meet all of the requirements set forth and 7 years has passed since their completion of said requirements, their record is automatically expunged. This clause should be especially meaningful to those ex-offenders whose offense was 10-15-20 or more years ago and have led exemplary lives since despite being forced to suffer the collateral consequences of their long ago mistake. H.R.5492 also offers incentives to the individual states to bring their expungement process in line with the proposed federal guidelines.
    The previously mention support group on Yahoo was formed in support of H.R.1529. The entire focus has now been shifted to H.R.5492. You are cordially invited to join us at http://bit.ly/maGAf . Once a member you will have access to several flyers, a booklet and other information developed by members that you may use in your efforts to support this legislation. In addition, in addition to the petition referenced @ http://bit.ly/bkDauy there are two others at change.org http://bit.ly/dcssOz, and the Care2 Petition Site @ http://bit.ly/bqYI1W.

    Please, sign all of the petitions and more importantly call Congressman Scott as often as you can at the numbers provided and urge him to move this legislation forward. In addition, call your representative and tell him/her to support this legislation. Lives depend on it.

  5. #5
    Join Date
    Oct 2010
    Posts
    1

    Default Re: H.R. 5492 - Fresh Start Act of 2010 (Expunge Federal and State Criminal Records)

    Several things have to happen, and happen quickly if we want to make any progress this term.

    1. A high volume of unending phone calls to the offices of Congressman Scott and Congressman Conyers in which we state that we need for them to hold a hearing or mark-up on HR5492 as soon as they return to Washington DC. The more people calling every day, the better. Be specific.

    2. We need to get a group of people who reside in the 3rd district of Virginia to set up a meeting with Congressman Scott while he is home campaigning for re-election. They should be joined by a large (as possible) group of other HR5492 supporters from places outside the 3rd district as well, to give the meeting the weight it needs to make an impact, but it must be initiated by one or more constituents of Congressman Scott. We have compelling facts and experiences to share directly with the congressman, and could be effective in securing a promise from him to conduct a hearing/mark-up in time for a lame-duck session vote by congress. This has to be coordinated asap.

    3. We also need to fax-blast Congressman Scott, Conyers and our own district reps - with letters, flyers and other communication (civil and positive) urging passage of HR5492. While the reps are in their home districts, we need to send copies of an information booklet compiled by an active HR5492 supporter from the yahoo group support_of_hr1529. We should be sending enough documents to keep one whole staffer busy full time, and let them know we are not going away.

    4. Then we need to celebrate a wonderful Christmas!

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