Ivey Leads Re-Introduction of Landmark Bipartisan Legislation Expanding Access to Expungement Laws
WASHINGTON, D.C. – Representatives Glenn Ivey (D-MD), Nathaniel Moran (R-TX), Hakeem Jeffries (D-NY), Laurel Lee (R-FL), Mary Gay Scanlon (D-PA), Kelly Armstrong (R-ND) Madeleine Dean, (D-PA) and Barry Moore (R-AL), along with Senators Christopher Coons (D-DE) and John Cornyn (R-TX) today introduced landmark bipartisan legislation, the Kenneth P. Thompson Begin Again Act, to expand access to expungement laws for non-violent, minor drug possession offenses.
The Kenneth P. Thompson Begin Again Act H.R. 4598 will broaden eligibility for expungement under 18 U.S.C. 3607 by removing the age requirement, allowing judges to give people of any age with a minor possession offense a second chance to pursue a productive life.
Current Law: 18 U.S.C. 3607, which was signed into law by President Ronald Reagan in 1984, provides for the expungement of a simple possession offense if the defendant:
1) has no prior convictions for federal or state drug offenses;
2) satisfactorily completes pre-judgment probation;
3) has the proceedings against them dismissed by the court; and
4) was less than 21 years old at the time of the offense.
In its current form, the law provides young people found guilty of simple drug possession a second chance without the stigma of a federal conviction on their record. Studies show that more punitive criminal justice responses are not effective ways to deter drug use and that even short periods of incarceration lead to numerous unforeseen problems. Moreover, criminal records create big barriers to finding work, housing, and access to education, which are vital for individuals to make a new start and avoid recidivism.
H.R.4598 The Kenneth P. Thompson Begin Again Act extends access to current law by removing the age cap to provide a meaningful benefit for all Americans, regardless of age. Additionally, older individuals are shown to have low levels of reoffending and are no less deserving of an opportunity for a second chance. Expanding eligibility for expungement of a simple possession offense to include individuals who were 21 or older at the time of the offense will reduce recidivism by giving more people the chance to turn their lives around without the impediment of a criminal record.
Sponsor: Rep. Glenn Ivey (D-MD) Original Cosponsors and Co-Leads: Reps. Nathaniel Moran (R-TX), Hakeem Jeffries (D-NY), Laurel Lee (R-FL), Mary Gay Scanlon (D-PA), Kelly Armstrong (R-ND), Madeleine Dean (D-PA), Barry Moore (R-AL) and Senators Christopher Coons (D-DE) and John Cornyn (R-TX).
"Re-Introducing the Kenneth P. Thompson Begin Again Act is an important step in restoring people's ability to fully rejoin our community. Giving a second chance to folks who have made a mistake in their lives gives us a more productive populace, restores dignity to those whose hopes have been dashed and gives them more opportunities to own a home, start a business or build a career. Making amends for past mistakes and moving forward should be rewarded. That's what this bipartisan bill does. That's what over 22 national organizations support. Let's get this done," said Congressman Glenn Ivey.
“During my time as the owner of a staffing agency, I’d often come across qualified candidates who, due to a non-violent, minor drug possession charge, would be disqualified from prospective employment opportunities. Too many Americans find themselves in this position and are constrained from building a better future for their families because of a single moment in time when they made a poor choice with drugs. This grace-based legislation will open opportunities for non-violent, low-level, first-time drug offenders who have proven that they are on the straight and narrow to forge a new future and put that one-time mistake behind them. Thank you to Congressman Ivey for his strong voice on this issue, and for working in partnership in a bipartisan manner to provide deserving Americans a second chance,” said Congressman Nathaniel Moran.
“Ken Thompson was a groundbreaking District Attorney who prioritized integrity and fairness in the criminal justice system. He was a transformational figure in the fight for criminal justice reform nationally and a staunch defender of the safety and security of New Yorkers,” said Democratic Leader Jeffries. “I am grateful to Reps. Glenn Ivey, Kelly Armstrong, Nathaniel Moran, Mary Gay Scanlon and Laurel Lee for reintroducing this legislation to carry forward the remarkable legacy of my friend by allowing low-level drug offenders an opportunity at a second chance to pursue their God-given potential,” added Jeffries.
"Too many Pennsylvanians are held back from finding full employment, housing, and education, by first-time, non-violent offenses, despite having paid their debt to society," said Rep. Mary Gay Scanlon. "By allowing judges to expunge these types of low-level criminal records, we can give more people the opportunity to turn their lives around and fully rejoin their communities. I'm proud to introduce this bipartisan legislation that would provide more Pennsylvanians with the clean slate they need to live full, productive lives."
“The Begin Again Act is smart criminal justice reform that reaffirms something important. Once someone serves their sentence, they should get a second chance. This bipartisan bill is proof that we can come together from across the aisle to make policies that will have a real impact on people’s lives,” said Congressman Kelly Armstrong.
“I am hopeful as we reintroduce the Begin Again Act alongside colleagues on both sides of the aisle as we rethink justice and redemption,” Rep. Madeleine Dean said. “Named for groundbreaking District Attorney Kenneth P. Thompson, who spent his career in Brooklyn fighting for reforms, this bill creates commonsense changes to expungements for simple possession cases. Under the current law, individuals who were over the age of 21 at the time of their offense cannot have their record expunged. This age cap is arbitrary and reinforces the barriers that criminal records create – barriers to finding work, housing, and education. When we approach people with compassion, and help rather than hinder new starts, we are all better off.”
“The Kenneth P. Thompson Begin Again Act gives folks who are first-time, non-violent offenders a second chance to turn their lives around,” said Rep. Barry Moore. “I am proud to join my Republican and Democrat colleagues from across the aisle in this effort that will have a positive impact on our communities.”
Group Support: Americans for Prosperity, Americans for Tax Reform, Association of Prosecuting Attorneys, Center for American Progress, Clean Slate Initiative, Conservative Political Action Coalition (CPAC), Dream.Org, Drug Policy Alliance, Due Process Institute, Faith and Freedom Coalition, Fraternal Order of Police, Justice Action Network, Law Enforcement Action Partnership, Law Enforcement Leaders to Reduce Crime & Incarceration, Major Cities Chiefs Association, NAACP, National Association of Criminal Defense Lawyers, National District Attorneys Association, Policing Project at NYU Law, Prison Fellowship, R Street Institute, Responsible Business Initiative for Justice.
“Under current law, an individual can have a minor drug possession offense expunged from their criminal record if they have no prior convictions and meet other preconditions—one of which is that you must be 21 years old or younger. With all the other requirements that must be met to get this expungement, we don’t think its appropriate to limit someone’s opportunity for a second chance to be limited by age,” said National Fraternal Order of Police President Patrick Yoes.
"The Begin Again Act is an incredibly importable piece of bipartisan legislation that focuses on second chances for individuals who have made a mistake. A drug possession offense can severely hurt an individual’s life, sticking with them long after they’ve completed the sentence. We strongly encourage members of both parties to cosponsor the Begin Again Act and get it across the finish line.," said Jason Pye, Director of the Rule of Law Initiatives, Due Process Institute.
"In honoring Kenneth P. Thompson's legacy, the Begin Again Act exemplifies our mission as prosecutors to balance the scales of justice," said Nelson Bunn, Executive Director of the National District Attorneys Association. "This legislation helps in assuring that the punishment fits the crime, providing a second chance to individuals who have shown a dedication to amend past mistakes. Moreover, it opens up avenues for employment, housing, and education for those previously incarcerated, strengthening their prospects of living meaningful, law-abiding lives."
“The R Street Institute is thrilled to support the Kenneth P. Thompson Begin Again Act because it will give a much needed second chance and a pathway to prosperity for many Americans that have reentered society. Studies have shown that people who obtain record relief experience improved employment outcomes and have lower recidivism rates. With public support for this issue at an all-time high, we applaud the bipartisan leadership of Reps. Glenn Ivey and Nathanial Moran on this legislation, and we urge more members of Congress to join them in this effort," said Anthony Lamorena, Senior Federal Affairs Manager at the R Street Institute.
"The MCCA is proud to support the Begin Again Act. When looking at the criteria for expunging a simple possession offense under 18 U.S.C. §3607 as a whole, it becomes clear that the current age limit is an arbitrary cutoff. Individuals who can meet the rest of the stringent requirements should be eligible to have their record expunged, regardless of age. This change is another step towards making our criminal justice system fairer and more equitable," said Eddie Garcia, Chief, Dallas Police Department and President, Major Cities Chiefs Association
“A criminal record makes it harder to find a job, harder to find adequate housing, and harder to support a family. It is the goal of the criminal justice system to welcome people back into society when they have paid their debt to society and are no longer a threat. Those who do it should be rewarded and restored—for their good, their families’ good, and in the best interest of our communities. BY expanding the current federal expungement statute covering first-time simple possession offenses from those under 21 years to those of all ages, The Kenneth P. Thompson Begin Again Act will help those who made a simple mistake gain employment, find housing, and provide a pathway to redemption for those who want to reform their lives," saidPatrick Purtill, Director of Legislative Affairs, Faith & Freedom Coalition.
“Each of us is more than our lowest moment,” said Heather Rice-Minus, Executive Vice President of Strategic Initiatives at Prison Fellowship. “Too often, the one in three American adults with a criminal record can struggle to live out their God-given potential due to unnecessary government barriers to employment, housing, education, and other critical opportunities. I’m thankful for the bipartisan lawmakers spearheading the reintroduction of the Begin Again Act, which thoughtfully expands expungement eligibility for first-time simple drug possession offenses in federal law.”
“A non-violent drug-related offense should not be a permanent barrier to employment, housing, and educational opportunities,” said Inimai Chettiar, Deputy Director of Justice Action Network. “By allowing people who’ve paid their debt to society to expunge their records and begin their lives anew, the Kenneth P. Thompson Begin Again Act would increase public safety and reduce recidivism rates. We commend the bipartisan leadership of the bill’s co-sponsors and look forward to both chambers promptly passing the bill.”