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See How Well We DoSeeking to undo the stigma of a federal criminal conviction, U.S. Rep. Steve Cohen, D-Tenn., introduced a bill that would allow federal judges to expunge the federal criminal records of nonviolent ex-convicts. Cohen discussed the bill at a hearing of the Judiciary subcommittee on crime hearing testimony on the "Collateral Consequences of Criminal Convictions: Barriers to Re-Entry for the Formerly Incarcerated." "Hardly a day goes by that I don't have somebody come up to me and say, 'Congressman, I need a job but because I've got a previous felony, I can't get one,''' Cohen said at the hearing. Cohen's bill, the Fresh Start Act, would allow ex-convicts to apply to have their records expunged, or removed, by the court that convicted them, but permits local U.S. attorneys to make recommendations for or against the requests to the court. It exempts violent criminals and sex offenders as well as people who committed property or financial crimes of more than $10,000. It also provides incentives for the states to implement similar legislation and penalties for those that don't. Similar legislation was introduced in 2007 and last year by U.S. Rep. Charles Rangel, D-N.Y. Rangel's bill requires a year of community service before the expungement takes place. Rangel and Judiciary Committee chairman John Conyers, D-Mich., are co-sponsors of Cohen's bill. Under Cohen's bill, an ex-offender could reapply for expungement every two years. Seven years after offenders' sentences are completed, assuming no state or federal crimes are committed, expungement would be automatic. Nashville-based National Prison and Sentencing Consultants managing director John B. Webster applauded the legislation, though he wondered if it's constitutional. "People with relatively minor offenses should be given a second chance to rehabilitate themselves," he said. Webster, a disbarred lawyer convicted for lying to the FBI, said it's no surprise the U.S. has a high recidivism rate when getting a job, benefits or housing upon re-entry to society are "next to impossible" with a criminal record. The Houston, Texas-based National Association of Former United States Attorneys' executive director Ronald G. Woods said y that the association does not take positions on legislative proposals. |
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