Supporting Second Chances: The Clean Slate and Fresh Start Acts

Experiencing a second chance can lead to remarkable changes. In my youth, the legal system imposed court-ordered consequences on me, including fines and community service. My record was expunged, which allowed me to attend college and work for Republican members of Congress. Accountability, combined with the opportunity for a fresh start, shaped my journey. This experience raises an important question: Why does Congress maintain unnecessary barriers for people who have met legal requirements and are ready to contribute?

Lawmakers should remove these barriers by passing the bipartisan Clean Slate Act. This legislation aims to eliminate obstacles created by eligible federal arrest and conviction records, granting more Americans the chance to earn a living.

The Clean Slate Initiative’s report, “The Economic Losses from Arrest and Conviction Records,” reveals that arrest and conviction records result in a $440 billion loss in earnings nationwide each year.

The report highlights the persistent employment and earnings disadvantages faced by individuals with arrest or non-conviction records, even those who have avoided further legal trouble for over a decade. These individuals suffer an estimated annual earnings loss of $4,400 compared to peers without records. For those with nonviolent felony convictions, the loss reaches $9,300 annually. These figures matter, especially for families striving to pay rent, save for emergencies, or finance education. Lower earnings also impact local businesses.

The $440 billion estimate includes records nationwide, beyond the scope of the Clean Slate Act. While record sealing alone cannot recover all lost earnings, it emphasizes the cost of unaddressed employment barriers. Congress should begin by addressing federal records, which they directly control.

Consider a worker who completes training and earns a credential, only to be blocked by an old record when applying for jobs. The potential employee has met expectations, while employers lose a viable candidate. Moreover, taxpayers may have funded training that does not lead to employment. Effective workforce strategy should address this challenge, alongside skills gaps.

Qualified applicants deserve a fair chance, and those who comply with legal requirements should compete for work. Public safety plays a crucial role in second chances. A stable job offers lawful income and responsibilities that promote positive behavior. Helping individuals build stable lives contributes to preventing future crime. Excluding people due to outdated records can undermine this goal.

Taxpayers benefit from addressing these issues. We should expect those returning to communities to obey the law, find employment, and support their families. The government should ensure these goals are achievable by removing needless employment barriers. If qualified applicants are blocked by eligible records, self-sufficiency remains stifled.

Congress must consider record relief with practical criteria: Does it foster conditions for law-abiding behavior? Access to employment opportunities should be part of this evaluation.

The bipartisan Clean Slate Act, introduced by Reps. Lucy McBath (D-Ga.) and Nathaniel Moran (R-Texas), and in the Senate by Sens. Lisa Blunt Rochester (D-Del.) and Rand Paul (R-Ky.), offers a federal solution. The bill would automate the sealing of qualifying federal non-conviction and specified drug conviction records, subject to specific criteria. It would also establish a petition process for other eligible records.

For those never convicted, clearing qualifying arrest records upholds the presumption of innocence. The bill sets eligibility criteria while maintaining access for designated law enforcement purposes. Automated sealing applies Congress’s standards upon meeting requirements, reducing paperwork for those eligible and ensuring consistent relief.

Individuals should not depend on their ability to navigate applications to receive legal relief. The bipartisan Fresh Start Act would complement the Clean Slate Act by aiding states in implementing their own automated record sealing laws through federal grants. Its reporting requirements would enable public assessment of implementation.

Together, these initiatives address federal record barriers while supporting states in delivering relief. My experience shows how valuable it is to have an opportunity to move forward. Congress should pass the Clean Slate Act and the Fresh Start Act to provide more people with these opportunities: using their skills, supporting their families, and building stable futures. Accountability should pave the way for contribution, and our laws should facilitate that path.

Reginald Darby is the federal affairs director at the Clean Slate Initiative and previously worked as a congressional staffer.