Cohen Authors Bill to Give Non-Violent Offenders Fresh Start

WASHINGTON, D.C. – Congressman Steve Cohen (D-TN-9) today 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. There are 14 original co-sponsors of the legislation, including House Judiciary Committee Chairman John Conyers (D-MI) and Congressman Charlie Rangel (D-NY).

“Even if you commit a non-violent offense, you could very well face a life sentence, even outside of prison,” said Congressman Cohen. “That’s because the stigma of your conviction will follow you for the rest of your life. Employment, education and housing opportunities – the very things necessary to start your life over – can all be denied because of a past conviction. My bill would give non-violent offenders who have turned their lives around a real chance to start over again.”

The Congressman unveiled the details of his measure at the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security hearing on “Collateral Consequences of Criminal Convictions: Barriers to Reentry for the Formerly Incarcerated.” Under Congressman Cohen’s bill, to be eligible for expungement an offender can not have committed any other state or federal offense, whether violent or non-violent, and must have met all the terms of his sentence.

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.