There is almost no pathways to expungement for individuals with federal convictions.
Expungement of a criminal record is a legal process that allows certain charges or convictions to be erased or sealed from a person’s official criminal history, as if they never happened for most everyday purposes. When a record is expunged, it generally no longer shows up on standard background checks.
Many individual states have implemented expungement laws to provide relief for state-level offenses, but federal convictions are not covered by those state laws.
That means justice-impacted individuals with federal records have no legal pathway to clear their federal criminal record.
Congress has the authority to pass a law that could provide a pathway for the expungement of federal felony convictions. The federal legislative body can create laws that establish new procedures and criteria for expungement, overcoming the current lack of a broad expungement statute.
Such legislation could outline specific eligibility requirements, the process for applying for expungement, and the grounds on which expungement could be granted. This could include considerations for factors such as rehabilitation, the nature of the offense, the time elapsed since the conviction, and evidence of actual innocence or improper government conduct.
The passage of such a law would require the following steps:
- Drafting Legislation: Members of Congress would need to draft a proposed bill outlining the expungement process.
- Gaining Support: The bill would need to garner support from both parties and interest groups, which may advocate for criminal justice reform and the rights of individuals with felony records.
- Committee Review: The proposed legislation would be reviewed by relevant congressional committees, which may hold hearings and make recommendations.
- Voting: The bill would need to be voted on and passed by both the House of Representatives and the Senate.
- Presidential Approval: Finally, if passed by Congress, the bill would require the President’s signature to become law.
While the prospect of such legislation exists, it may face challenges due to differing views on criminal justice reform and public safety concerns. Nonetheless, if there is sufficient political will and public support, Congress could indeed establish a federal path toward the expungement of felony convictions.