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Clean Slate Act to remove barriers to housing, employment for millions of Americans

Clean Slate Act is based on successful PA law passed in 2018, would expand to Americans nationwide

Washington, D.C. – Today, U.S. Senators Bob Casey (D-PA) and Rand Paul (R-KY) introduced bipartisan legislation to give millions of Americans a “clean slate” by sealing the criminal records of low-level and non-violent offenders who have successfully completed their sentence.  The Clean Slate Act would automatically seal the federal records of individuals convicted of simple drug possession and other low-level, nonviolent crimes involving marijuana to remove major barriers many Americans face in finding employment, securing housing, and accessing education. This legislation would help more than 70 million Americans fully participate in society and provide them with a second chance to contribute to their communities and support their families.

“Automatically sealing records is an opportunity for millions of Americans to get a second chance at life. This legislation will ensure that parents, workers, and families who have successfully completed their sentence can build successful lives that are unburdened by minor, nonviolent criminal histories,” said Senator Casey.

“In introducing the Senate companion bill to the Clean Slate Act of 2023, Senators Bob Casey and Rand Paul showcase a deep understanding of the far-reaching benefits of Clean Slate legislation. Beyond ensuring individuals can earn a fair chance at redemption, Clean Slate policies catalyze economic growth and bolster our workforce. By removing barriers to employment and opportunity, Clean Slate legislation enables individuals to fully participate in our economy, driving growth and prosperity. So far, states have led the charge on automatic record-sealing, and it's encouraging to see momentum building in Congress. Together, we can break down barriers to opportunity and ensure everyone has a fair chance to build a better future for themselves and reach their potential,” said Sheena Meade, CEO of the Clean Slate Initiative.

More than one in three adults have some form of criminal record, keeping them from participating in many facets of everyday life as nearly nine in ten employers, four in five landlords, and three in five colleges utilize background checks to screen applicants. The Clean Slate Act would grant millions of Americans the opportunity for a second chance at life by automatically sealing federal arrest records for individuals not convicted and those convicted of low-level, nonviolent drug offenses after successfully completing their sentence. It would also establish new procedures to allow people to petition a federal district judge to review and potentially seal records for other nonviolent offenses that are not automatically sealed, and it would ensure that law enforcement retains access to all sealed records.

“Conservatives believe in accountability as well as the potential for redemption, particularly for those convicted of low-level, non-violent offenses. America loves a good comeback story. By creating a pathway to a clean slate, one that requires a period of waiting time for the ex-offender to demonstrate responsibility and earn a second chance, we can help people come out of incarceration and become good citizens. Ultimately, doing so helps strengthen families, communities, and our nation's work force,” said David Safavian, Executive Vice President and General Counsel of Conservatives for Political Action (CPAC).

Senator Casey has long pushed for the federal government to have a meaningful way to clear federal records of low-level convictions and arrests without conviction. With more than one half of children across the Nation having at least one parent with a criminal record, criminal justice reform like the Clean Slate Act would ensure that millions of American families could benefit from participating in the workforce or finding safe and affordable housing. The Clean Slate Act is based on a Pennsylvania law that was passed in 2018, making the Commonwealth the first state in the Nation to institute Clean Slate legislation. To date, Pennsylvania has expanded its widely popular bipartisan Clean Slate law two times, most recently in December 2023, and more than a million Pennsylvanians have had their records sealed under Clean Slate policies. Additionally, 11 other states have passed Clean Slate laws.

"As a society, we have an expectation that individuals who come out of the criminal legal system will get their lives back on the right track, but most people don’t understand how many barriers stand in their way. We need to give people who have interacted with our criminal legal system a path to meaningful employment, safe housing, and education if we expect them to succeed. The Clean Slate Act provides that path forward by providing for automatic record-sealing for individuals arrested or convicted of simple possession and low-level, nonviolent marijuana offenses as well as a petition-based sealing process for persons involving other nonviolent federal offenses. We thank Senator Casey and Senator Paul for introducing the Clean Slate Act, and we look forward to working with those offices to continue building support for second chances for the 70 million Americans who need them," said Jason Pye, Vice President of the Due Process Institute.

“People who have paid their debt to society for low-level, non-violent offenses deserve to be welcomed back into society. This is precisely the goal of the criminal justice system. We want people to pay their debts and amend their lives. Those who do it, should be rewarded and restored—for their good, their families’ good, and in the best interest of our communities and our states. Sealing the records of low-level, non-violent ex-offenders after they have successfully completed their sentences will help reduce recidivism, strengthen families and communities, and provide a pathway to redemption for people who want to reform their lives,” said Patrick Purtill, Director of Legislative Affairs of the Faith & Freedom Coalition.

“The Clean Slate Act is a common sense reform that will help give people who have fulfilled their justice system obligations a second chance,” said Nan Gibson, Executive Director of the JPMorgan Chase Policy Center. “By creating a process for clearing low-level nonviolent federal records, and streamlining the process through automation, the Clean Slate Act will help people pursue stable career opportunities. This measure will enable companies like JPMorgan Chase, where about 10 percent of our new hires annually in the US have previous records with no bearing on their roles, continue to connect individuals to meaningful career pathways, opening doors to opportunities that transform lives, lift up communities and strengthen the economy.”

The Clean Slate Act is supported by: Clean Slate Initiative; Due Process Institute; Brennan Center for Justice at NYU School of Law; Center for American Progress; Code for America; Conservative Political Action Coalition (CPAC); Faith & Freedom Coalition; JPMorgan Chase; Justice Action Network (JAN); Law Enforcement Leaders to Reduce Crime and Incarceration; Responsible Business Initiative for Justice (RBIJ); R Street; and Third Way.

Read more about the Clean Slate Act HERE.

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