Summary of the Clean Start Act of 2022 (S. 5146)

This bill focuses on helping people who were involved in certain federal nonviolent criminal offenses related to substance use disorders. It allows eligible individuals to have their criminal records sealed, which means those records won't be visible to the public and can be treated as if they never happened.

What This Bill Does

• Sealing of Records: People convicted of specific federal nonviolent crimes tied to substance use disorders can ask a court to seal their records after meeting certain conditions. This helps them avoid the long-term consequences of having a criminal record.
• Eligibility Criteria: To qualify, a person must:
  • Have committed a nonviolent federal offense (excluding violent crimes, sex offenses, crimes involving victims under 18, or serious drug offenses).
  • Successfully complete a licensed or accredited substance use treatment or recovery program.
  • Serve at least 180 days as a peer mentor in a treatment program or volunteer in the community.
  • Fulfill all parts of their sentence, like probation or supervised release.
  • Not have more than two felony convictions of covered nonviolent offenses, and no convictions for other types of crimes.
• Process to Seal Records: Eligible people can file a petition with the court to seal their record, usually three years after finishing their sentence and treatment. If approved, the court seals the records, and they cannot be viewed publicly.
• Legal Effects of Sealing: Once sealed,
  • The person can legally treat the offense as if it never happened (for example, when applying for jobs).
  • They are protected from being prosecuted for lying or withholding information about the sealed offense.
  • Law enforcement and certain government agencies can still access sealed records for limited reasons (like background checks for law enforcement jobs, or criminal investigations).
  • Unauthorized disclosure of sealed record information is illegal and punished by law.
• Notices and Support: Courts must inform individuals about the possibility to seal their records when they are convicted or when their case is finished without conviction. There will be a user-friendly petition form available online, and assistance with fees for low-income petitioners.
• Fair Hearing and Decision: Courts hold a hearing where petitioners can present evidence of their rehabilitation (like sobriety) and others can give testimony for or against sealing. The government must prove why public safety might be at risk if sealing is allowed. The final decision must be explained in writing and can be appealed.

Additional Incentives for States

The bill encourages states to adopt similar record-sealing laws by giving priority for federal public safety grants (COPS grants) to states that have laws like this bill or more generous. The Attorney General will help states with guidelines and support to comply with these incentives.

Why This Bill Matters

Many people who commit nonviolent offenses related to substance use disorders face lifelong challenges because their criminal records are public. This bill aims to give those individuals a "clean start" by:

• Encouraging recovery and rehabilitation through treatment requirements.
• Helping them re-enter society with better chances for employment and housing.
• Reducing stigma and obstacles caused by past convictions.

It balances public safety interests by allowing courts to review each case carefully before sealing records and keeps important exceptions for law enforcement and national security.