Federal Second Chance Employment Act

118th CONGRESS

2nd Session

H. R. XXXX

IN THE HOUSE OF REPRESENTATIVES

[Date of Introduction]

Ms. [Sponsor Name] introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Appropriations, Education and the Workforce, and Health and Human Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

A BILL

To establish a federal framework for the automatic expungement of eligible felony records, promote economic mobility, reduce recidivism, and support the reintegration of formerly incarcerated individuals through coordinated recovery, employment, and public awareness initiatives.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE.

This Act may be cited as the "Automatic Expungement Act of 2025."

SECTION 1. PURPOSE

The purpose of this Act is to reduce recidivism, promote public safety, and advance justice reform by eliminating long-term barriers to economic and social reintegration faced by individuals with prior felony convictions. Recognizing that the enduring stigma of a criminal record can hinder rehabilitation and perpetuate cycles of poverty and reoffending, this Act establishes a fair, automatic, and uniform process for the expungement of eligible felony records.

This Act seeks to:

Facilitate Rehabilitation and Reintegration
Support the successful reintegration of formerly incarcerated individuals by providing a clear and accessible pathway to record expungement, thereby affirming their capacity for change and contribution to society.
Enhance Economic Mobility and Public Safety
Improve access to employment, housing, education, and other essential services for individuals who have demonstrated sustained law-abiding behavior, recognizing that economic stability is a key factor in reducing recidivism and enhancing community safety.

Supporting Data:

A comprehensive study in Michigan found that individuals whose records were expunged had a recidivism rate of just 4% within five years, compared to a national average of 44% for similar populations. [rstreet.org]
The Clean Slate Initiative reported that 42% of individuals whose records were sealed through automated systems experienced improvements in employment, finances, and access to public assistance. [prisonpolicy.org]

Address Systemic Inequities
Mitigate the collateral consequences of criminal convictions that disproportionately impact marginalized communities, including communities of color, low-income individuals, and those affected by substance use and trauma, thereby promoting equity and restorative justice.
Promote Efficiency and Reduce Administrative Burden
Streamline the expungement process through automation, reducing the burden on courts, legal aid providers, and individuals who may lack the resources or knowledge to navigate complex petition-based systems.

Supporting Data:

Fewer than 10% of eligible individuals successfully obtain expungement under petition-based systems due to cost, complexity, and lack of awareness. [rstreet.org]
Automated expungement significantly increases access and reduces administrative overhead.

Establish Uniform Standards Across Jurisdictions
Create a consistent framework for expungement eligibility and implementation, ensuring fairness and transparency regardless of geographic location, and fostering public trust in the criminal justice system.
Affirm the Principle of Redemption
Recognize that individuals who have served their sentences and remained free of subsequent criminal activity for a period of five (5) years deserve a meaningful opportunity to rebuild their lives without the enduring stigma of a criminal record.

7. Support Long-Term Outcomes and Community Well-Being
Promote sustained improvements in quality of life for expungement recipients, including:

Higher employment rates and earnings;
Improved access to stable housing and education;
Reduced reliance on public assistance;
Enhanced mental health and self-esteem;
Greater civic engagement and community participation. [getcompensation.law], [crimeandju...liance.org]

SECTION 2. DEFINITIONS

For the purposes of this Act, the following terms shall have the meanings ascribed below:

(a) Automatic Expungement

“Automatic Expungement” means the sealing of eligible criminal records initiated by the court system or designated administrative authority without requiring a petition, application, or action from the individual. This process shall:

Be triggered upon verification of eligibility criteria;
Be conducted through secure, interoperable systems integrated with state and federal criminal justice databases;
Be implemented uniformly across jurisdictions to ensure consistency and fairness;
Be subject to oversight and audit to prevent errors and ensure compliance with statutory exclusions.

(b) Eligible Felony

“Eligible Felony” refers to a conviction for a non-violent, non-sexual felony offense that:

Does not involve serious bodily injury, homicide, or death;
Is not classified as a sexual offense under state or federal law;
Does not involve offenses against minors, including abuse, exploitation, or endangerment;
Is not excluded under Section 4 of this Act;
Has not been followed by any new felony conviction during the five-year waiting period following completion of sentence.

Examples of Eligible Felonies may include, but are not limited to:

Theft or larceny (not involving violence or weapons)
Forgery or counterfeiting
Credit card fraud or identity theft
Possession of controlled substances (non-trafficking, non-violent)
Burglary of unoccupied structures
Embezzlement
Unauthorized use of a motor vehicle
Criminal mischief or property damage (non-violent)
Check fraud or financial instrument fraud
Receiving stolen property

Eligibility shall be determined based on official criminal history records and verified through automated and manual review processes.

(c) Expungement

“Expungement” means the legal process by which criminal records are sealed from public access. Under this Act:

Expunged records shall be removed from publicly accessible databases, background checks, and employment screenings;
Law enforcement agencies, courts, and other authorized entities shall retain access to expunged records for investigative, judicial, and regulatory purposes;
Individuals whose records are expunged shall not be required to disclose the expunged conviction in most employment, housing, or educational applications, except where disclosure is required by law (e.g., for certain government positions, firearm purchases, or professional licensure).

(d) Waiting Period

“Waiting Period” refers to the minimum duration of time—set at three years—following the completion of all sentencing requirements (including incarceration, probation, parole, and payment of fines or restitution) during which the individual must remain free of new felony convictions to qualify for automatic expungement.

(e) Sealing

“Sealing” refers to the restriction of public access to criminal records, such that the records are no longer visible in background checks or public databases, but remain accessible to law enforcement, courts, and other authorized entities for official purposes.

SECTION 3. AUTOMATIC EXPUNGEMENT PROVISION

(a) General Rule.—All eligible felony convictions shall be automatically expunged from public records three (3) years after the date of conviction or completion of sentence, probation, or parole—whichever is sooner.

(b) Procedure.—The expungement shall be initiated by the court system without requiring a petition from the individual. The process shall include:

Verification of eligibility based on conviction type and criminal history.
Notification to relevant law enforcement and judicial agencies.
Sealing of records from public databases, background check systems, and employment screening platforms.

(c) Notification to Individuals.—Upon expungement, individuals shall receive written confirmation from the court indicating that their record has been sealed and is no longer accessible to the public.

(d) Retention for Law Enforcement Use.—Expunged records shall remain accessible to law enforcement, judicial officers, and authorized federal agencies for investigative, sentencing, and security clearance purposes.

(e) Oversight and Compliance.—The Department of Justice shall establish oversight mechanisms to ensure timely and accurate expungement. Any delays or failures in processing shall be subject to administrative review.

SECTION 4. EXCLUSIONS

This Act shall not apply to individuals convicted of the following categories of offenses, which are deemed incompatible with the objectives of automatic expungement due to their severity, ongoing public safety concerns, or the nature of the harm caused:

(a) Crimes of Violence Resulting in Death

Any felony conviction involving homicide, including but not limited to murder, manslaughter, or vehicular homicide.

(b) Sexual Offenses

Any felony offense classified under state or federal law as a sexual offense, including but not limited to:

Rape, sexual assault, or child molestation;
Possession, production, or distribution of child sexual abuse material;
Any offense requiring registration under a state or federal sex offender registry.

Special Considerations:

Individuals convicted of sexual offenses who are no longer required to register as sex offenders and who have demonstrated sustained rehabilitation may petition for expungement through a separate judicial review process, subject to:

A minimum of 10 years post-sentence without any new criminal convictions;
A comprehensive risk assessment conducted by a licensed professional;
Notification to victims and opportunity for input;
Final approval by a judge based on public safety and rehabilitation evidence.

This provision does not guarantee expungement but allows for individualized review in exceptional cases.

(c) Human Trafficking

Any felony conviction involving human trafficking, including trafficking for labor or sexual exploitation, as defined under applicable state or federal statutes.

(d) Acts of Terrorism

Any felony conviction related to terrorism, including material support for terrorist organizations, use of weapons of mass destruction, or other acts intended to intimidate or coerce a civilian population or government.

(e) Repeat Felony Offenders

Individuals with multiple felony convictions within the five-year eligibility period shall be excluded from automatic expungement. This includes any combination of felony convictions, whether arising from separate incidents or consolidated cases.

(f) New Felony Offenses During Waiting Period

Individuals who commit a new felony offense during the five-year waiting period following the completion of their sentence for the original offense shall be ineligible for expungement under this Act. The five-year period shall restart upon conviction of the new felony.

(g) Pending Charges or Investigations

Individuals who are the subject of pending felony charges or active criminal investigations at the time of eligibility review shall be temporarily excluded until such matters are resolved.

SECTION 5. IMPLEMENTATION

(a) Interagency Coordination

The Department of Justice (DOJ) shall coordinate with the Administrative Office of the United States Courts, state judicial systems, and relevant federal and state law enforcement agencies to develop and implement standardized procedures for the automatic expungement of eligible criminal records as outlined in this Act.

(b) System Development and Integration

The DOJ shall oversee the creation and deployment of secure, interoperable digital systems capable of identifying eligible individuals and processing expungements without the need for individual petitions.
These systems shall be integrated with existing criminal justice databases, including but not limited to the National Crime Information Center (NCIC), state criminal history repositories, and court record systems.
The DOJ shall issue technical guidance and provide funding assistance to state and local jurisdictions to support implementation.

(c) Data Collection and Reporting

The Bureau of Justice Statistics (BJS) shall be responsible for collecting and analyzing data related to the implementation and outcomes of this Act.
The BJS shall track, at a minimum:

The number of records expunged annually;
Demographic data of individuals whose records were expunged;
Employment, housing, and recidivism rates of individuals post-expungement;
Appeals filed and their outcomes.

The BJS shall publish an annual report to Congress summarizing findings and providing recommendations for improving the effectiveness and equity of the expungement process.

(d) Public Awareness and Accessibility

The DOJ, in collaboration with state and local governments, shall develop and disseminate public education materials to inform eligible individuals about the automatic expungement process, their rights under this Act, and available resources for appeals or legal assistance.

(e) Strategic Partnerships

The Calbert Foundation shall serve as a designated strategic partner in the administration of this program.
In coordination with the DOJ and other federal and state agencies, the Foundation shall:

Lead community outreach and education efforts;
Facilitate access to recovery, employment, and reintegration services;
Support data collection and impact evaluation through community-based research;
Provide technical assistance to local organizations implementing expungement-related services.

(f) Implementation Timeline

The provisions of this section shall take effect not later than 18 months after the date of enactment of this Act. The DOJ shall submit a progress report to Congress within 12 months of enactment detailing the status of implementation efforts.

SECTION 6. FUNDING

Funding shall be allocated to support the implementation and sustainability of this initiative through a multi-tiered approach that includes federal, state, and private sources. The funding will be directed toward:

A. Court System Automation

State Justice Institute (SJI): Offers grants for technical assistance, strategic initiatives, and curriculum adaptation to modernize state court systems. [www.sji.gov]
Department of Justice (DOJ): Through the Office of Justice Programs (OJP) and Bureau of Justice Assistance (BJA), provides funding for technology integration and justice system improvements. [justice.gov]

B. Public Awareness Campaigns & Technical Assistance

SAM.gov Assistance Listings and Grants.gov: Provide searchable databases of federal programs supporting outreach, education, and technical assistance. [sam.gov]
EPA and FEMA Programs: Offer funding and technical support for resilience and community engagement initiatives. [epa.gov]

C. Recovery and Employment Assistance for Formerly Incarcerated Individuals

Pathway Home Grants (DOL): $25M allocated to pre-release training, legal aid, job placement, and post-release support. [dol.gov]
Second Chance Act Programs (OJP): Nearly $70M awarded to support education, employment, and reentry services. [ojp.gov]
Reentry Employment Opportunities (REO): Offers occupational training, legal aid, and mentoring. [felonfriendly.us]

D. Outreach Programs and Employer Partnerships

National Reentry Resource Center: Provides funding opportunities and technical assistance for employer engagement and reentry support. [nationalre...center.org]
NRWC Fair Chance Employer Training Guide: Offers structured training for employers and job developers to support second chance hiring. [thenrwc.org]

E. Tax Incentives for Employers

Work Opportunity Tax Credit (WOTC): Employers may receive up to $2,400 per qualified ex-felon hire. [uschamber.com]
Federal Bonding Program: Provides free insurance to employers hiring formerly incarcerated individuals, covering up to $25,000 in potential losses. [jailstojobs.org]

F. Training Programs for Employers

Improving Reentry Education and Employment Outcomes Program (BJA): Funds vocational and educational programs, job-readiness assessments, and employer collaboration. [bja.ojp.gov]
Growth Opportunities Grants (DOL): Supports paid work experiences and training for justice-involved youth and young adults. [nationalre...center.org]
Reentry Project Grants: Provide insights and funding for employer partnerships and workforce development strategies.

SECTION 7. REPORTING & REVIEW

Annual reports shall be submitted to Congress by the Bureau of Justice Statistics, including the number of records expunged, employment outcomes, and recidivism rates.

SECTION 8. RECOVERY AND TREATMENT SUPPORT

To promote successful reintegration into society and reduce the likelihood of reoffending, this Act shall allocate dedicated resources to support recovery from substance use disorders and psychological trauma among eligible individuals. These supports are designed to address the underlying causes of criminal behavior and foster long-term stability and wellness.

A. Scope of Services

Eligible individuals shall be granted access to a comprehensive suite of recovery and treatment services, including but not limited to:

Evidence-Based Substance Abuse Treatment Programs

Inpatient and outpatient rehabilitation services
Medication-assisted treatment (MAT) where clinically appropriate
Cognitive-behavioral therapy (CBT) and other proven modalities
Harm reduction strategies and relapse prevention education

Mental Health Counseling and Trauma-Informed Care

Individual and group therapy sessions
Services tailored to address PTSD, depression, anxiety, and other trauma-related conditions
Culturally competent and gender-responsive care
Crisis intervention and suicide prevention resources

Peer Support and Community Reintegration Services

Peer mentoring and recovery coaching by individuals with lived experience
Support groups and community-based recovery networks
Transitional housing assistance and sober living programs
Family reunification and relationship counseling

Employment Readiness Programs Integrated with Recovery Support

Job training and vocational rehabilitation
Resume building, interview preparation, and job placement assistance
Partnerships with employers committed to second-chance hiring
On-the-job support and accommodations for individuals in recovery

B. Interagency Coordination

The Department of Justice (DOJ) shall collaborate with the Department of Health and Human Services (HHS), including the Substance Abuse and Mental Health Services Administration (SAMHSA), to ensure that these services are:

Widely accessible to individuals whose criminal records are expunged under this Act
Delivered through certified providers and community-based organizations
Monitored for quality, effectiveness, and equity in service delivery
Funded through federal grants, state partnerships, and public-private initiatives

C. Eligibility and Outreach

Individuals eligible for expungement under this Act shall be automatically considered for recovery and treatment support services.
Outreach efforts shall prioritize underserved populations, including formerly incarcerated individuals, veterans, and those impacted by systemic inequities.
Services shall be offered without discrimination and with respect for individual dignity and autonomy.

D. Reporting and Accountability

Annual reports shall be submitted to Congress detailing program outcomes, including reductions in recidivism, employment rates, and health improvements.
Feedback mechanisms shall be established to ensure continuous improvement and responsiveness to community needs.

[See Supplemental Document]

SECTION 9. APPEALS PROCESS

(a) Right to Appeal.—
Any individual who is denied automatic expungement under this Act shall have the right to appeal such determination through a formal administrative review process.

(b) Filing Procedure.—
(1) An appeal must be filed in writing with the designated Expungement Review Board or other appropriate authority not later than 90 days after the date on which the individual receives notice of ineligibility.
(2) The appeal shall include—
(A) a statement of the grounds for appeal;
(B) any supporting documentation; and
(C) any additional evidence the petitioner wishes to submit for consideration.

(c) Review and Hearing.—
(1) Upon receipt of a timely and complete appeal, the Expungement Review Board shall conduct a review of the case not later than 60 days after the date of filing.
(2) The Board may, at its discretion, schedule a hearing to allow the petitioner to present oral testimony or additional evidence.
(3) The petitioner may be represented by legal counsel during the appeal process.

(d) Grounds for Reconsideration.—
The Board may grant an appeal if it finds—
(1) that the individual was erroneously classified as ineligible;
(2) that the individual has demonstrated rehabilitation and has not committed any disqualifying offenses during the applicable waiting period; or
(3) that exceptional circumstances exist which warrant reconsideration in the interest of justice, including but not limited to—
(A) evidence of coercion or duress in the commission of the original offense;
(B) successful completion of a restorative justice or rehabilitation program; or
(C) documented hardship resulting from continued public access to the record.

(e) Final Determination.—
(1) The Board shall issue a written decision not later than 30 days after the conclusion of the review or hearing.
(2) If the appeal is granted, the individual’s record shall be expunged in accordance with this Act.
(3) If the appeal is denied, the individual may seek further judicial review as permitted under applicable state law.

(f) Transparency and Reporting.—
The Expungement Review Board shall maintain anonymized records of all appeals and their outcomes and shall submit an annual report to the legislature summarizing trends, common grounds for appeal, and recommendations for policy improvement.

SECTION 10. FISCAL IMPACT STATEMENT

(a) Estimated Costs

Initial Implementation Costs

An estimated $5 million will be required in the first fiscal year to establish administrative infrastructure, develop digital systems for record expungement tracking, and initiate interagency coordination.
This includes:

$2 million for IT systems and database integration
$1.5 million for training and onboarding personnel
$1.5 million for outreach, public education, and legal support services

Ongoing Annual Costs

Estimated at $2 million per year, covering:

Personnel for eligibility reviews, appeals, and compliance monitoring
Maintenance of digital infrastructure and data security
Continued coordination with state and local agencies

(b) Administrative Considerations

Infrastructure Development

The Department of Justice (DOJ) shall lead the development of a centralized expungement management system, in partnership with:

State and local justice departments
Health and Human Services (HHS) for treatment and recovery coordination
Department of Labor for employment readiness integration

Personnel and Operational Needs

Additional staff may be required for:

Legal review of expungement eligibility
Appeals processing and compliance audits
Coordination with service providers and community organizations

Technology and Data Systems

Investment in secure, interoperable systems to:

Track expungement status
Connect individuals to recovery and reintegration services
Monitor outcomes and generate performance reports

(c) Economic and Social Benefits

Reduced Recidivism

By addressing root causes such as addiction and trauma, the Act is projected to reduce recidivism by 15–25% over five years, based on comparable state-level initiatives.

Improved Access to Employment, Housing, and Education

Expunged records remove barriers to:

Job applications and professional licensing
Rental housing and public assistance
College admissions and financial aid

Increased Tax Revenue

As more individuals gain employment, projected increases in income tax contributions could exceed $10 million annually within five years.

Reduced Public Expenditures

Lower incarceration rates and reduced reliance on emergency services may save $20–$30 million annually in criminal justice and healthcare costs.

Judicial Efficiency

Streamlined expungement processes are expected to reduce burdens on:

Courts handling petitions and appeals
Legal aid organizations providing expungement assistance