Firearms Owners Against Crime

Institute for Legal, Legislative and Educational Action

Proposed Federal Senate Legislation SB675

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Sealing and expungement of criminal records.

Legislation Overview

Title: REDEEM Act Record Expungement Designed to Enhance Employment Act of 2015

Subject: Congressional oversight: Correctional facilities and imprisonment: Criminal justice information and records: Criminal procedure and sentencing: Drug, alcohol, tobacco use: Employee hiring: Evidence and witnesses: Food assistance and relief: Government studies and investigations: Judicial procedure and administration: Juvenile crime and gang violence: Law enforcement administration and funding: Law enforcement officers: Licensing and registrations: Personnel records: Poverty and welfare assistance: Crime and law enforcement

Description: REDEEM Act Record Expungement Designed to Enhance Employment Act of 2015 Amends the federal criminal code to provide a process for the sealing or expungement of records relating to nonviolent criminal or juvenile offenses. Requires a court considering a petition to seal a nonviolent offense to balance factors including the harm of the protected information to the ability of the petitioner to secure and maintain employment. Sets forth limitations on involuntary room confinements at juvenile detention facilities. Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) to remove offenses relating to possession or use of a controlled substance from the categories of drug offenses that result in the convicted individual being ineligible for assistance under: (1) a state program funded with temporary assistance for needy families (TANF) grants under part A of title IV of the Social Security Act; or (2) the supplemental nutrition assistance program (SNAP, formerly the food stamp program) or any state program carried out under the Food and Nutrition Act of 2008. Prohibits the denial of such assistance and benefits if the convicted individual: (1) has completed, is participating in, or agrees to enroll in a substance abuse treatment program; (2) is a custodial parent; (3) is suffering from a serious illness; (4) is pregnant; or (5) is in compliance with the terms of a sentence imposed for the conviction. Includes employment services among the categories of federal benefits that are not to be denied under PRWORA. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to allow the Department of Justice (DOJ), in awarding public safety and community policing grants, to give preferential consideration to an applicant in a state with laws similar to this Act. Directs DOJ to establish procedures for the prompt release of accurate records exchanged for employment-related purposes through the Federal Bureau of Investigation's background check system. Requires DOJ to: (1) obtain the consent of an individual to whom a record pertains as a condition to exchanging records with an entity requesting the information for employment, housing, or credit application purposes; and (2) allow individuals to challenge the accuracy and completeness of their records. Prohibits exchanges of records regarding: (1) an arrest more than two years before a record request if the record does not also include the disposition of that arrest; (2) non-serious offenses, such as drunkenness, vagrancy, loitering, disturbing the peace, or curfew violations; or (3) circumstances that are not clearly arrests or dispositions.

Session: 114th Congress

Last Action: Read twice and referred to the Committee on the Judiciary.

Last Action Date: March 9, 2015

Link: https://www.congress.gov/bill/114th-congress/senate-bill/675/all-info

Companion Bill: HB1672

Sponsors

Note: the first sponsor listed is normally the primary sponsor. If a sponsor's name is a hyperlink you can click on it to 'follow the money'.

2 sponsors: Rand Paul (R); Cory Booker (D)

History
Chamber Date Action
Senate Mar 9 2015 Read twice and referred to the Committee on the Judiciary.
Texts
Type Date Federal Link Text
Introduced Mar 19 2015 federal bill text bill text
Amendments
Title Description Date State Link Text Adopted
There are no amendments to this bill at this time
Committee

Chamber: S

Committee Name: Judiciary

Votes

There have not been any votes on this bill

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