Van Hollen, Blunt Rochester Introduce Fresh Start Act to Remove Barriers for Formerly Incarcerated Americans
Today, U.S. Senators Chris Van Hollen (D-Md.) and Lisa Blunt Rochester (D-Del.) introduced the Fresh Start Act, legislation to support states in implementing automated record expungement processes to help formerly incarcerated Americans successfully rejoin their communities.
After decades of overcriminalization, between 70 million and 100 million Americans have arrests or criminal records that appear in routine background checks – despite their eligibility for removal – preventing many individuals from obtaining jobs, housing, and educational opportunities. Millions of these individuals are eligible to have their records sealed or expunged, but the complex, and often cost-prohibitive, process makes it harder for these Americans to receive a second chance. The Senators’ Fresh Start Act establishes a new grant program under the Department of Justice for the implementation of states’ automatic record expungement laws and authorizes $50 million from fiscal years 2026 to 2030 for these grants. A 2020 study found that the overwhelming majority of individuals who have their records expunged both achieve greater economic success and are law-abiding in subsequent years. Within one year, these individuals tend to earn wages 22 percent higher than what they would have been expected to earn based on their income trajectory prior to their expungement, and within 5 years just 4.2 percent go on to commit and be convicted of another offense.
“Americans who have served their time deserve a fair shot to rebuild their lives, which is why we need to do more to remove barriers that stand in the way of their successful reentry. By simplifying the process of expunging eligible criminal records, we can give millions of Americans a true second chance to make a positive impact on our communities,” said Senator Van Hollen.
“Everyone deserves a fair shot at a second chance,” said Senator Blunt Rochester. “For millions across America with a criminal record, securing a place to live, a good paying job, or furthering their education are key to successfully re-entering society. The Fresh Start Act would remove major barriers for tens of millions of Americans after they have served their time. I’m proud to be continuing this effort alongside Senator Van Hollen.”
Text of the bill can be viewed here.
The Fresh Start Act is endorsed by Americans for Prosperity, the Association of Prosecuting Attorneys, Drug Policy Alliance, Justice Action Network, Law Enforcement Action Partnership, Law Enforcement Leaders to Reduce Crime and Incarceration, the National Association of Criminal Defense Lawyers, and the Clean Slate National Coalition, which includes The Clean Slate Initiative, Dream.org, The Alliance to End Hunger, Responsible Business Initiative for Justice, Due Process Institute, R Street, Brennan Center for Justice at NYU School of Law, Center for American Progress, Justice Reform Foundation, ACLU of Delaware, CPAC, Faith and Freedom Coalition, JPMorgan Chase, and the Small Business Majority.
“Given the barriers to employment, housing, and higher education that accompany a criminal record, expungement can be a critical factor in whether an individual is able to move past their previous mistakes. Unfortunately, slow, costly, and difficult-to-navigate expungement processes leave many otherwise eligible individuals behind. By providing funding to strengthen state efforts to improve and automate their expungement systems, the Fresh Start Act will help ensure that previously incarcerated individuals are best positioned to successfully reintegrate into their communities,” said Greg Glod, Senior Fellow, Public Safety & Criminal Justice, Americans For Prosperity.
“The Association of Prosecuting Attorneys supports efforts that enhance public safety while promoting fair and efficient justice. The Fresh Start Act reflects a growing recognition that modernizing record clearance processes can reduce recidivism and improve community outcomes,” said Association of Prosecuting Attorneys CEO Nichole Parisi.
“The Fresh Start Act is an important bill that can help people overcome the obstacles that come with a criminal record, including barriers to housing, food, and work. The drug war has locked too many people out of opportunities to better their lives. This bill can help change that, and the Drug Policy Alliance is proud to support it,” said Maritza Perez Medina, Director of Federal Affairs, Drug Policy Alliance.
“People who work hard to rebuild their lives deserve a real second chance, not a lifelong burden from a past mistake. The Fresh Start Act will help states streamline the implementation of automatic expungement laws, making it easier for people to find employment and contribute to their communities. We’re grateful to Senators Casey and Van Hollen for introducing this important legislation at a time when businesses nationwide are struggling to fill jobs,” said Lauren Krisai, Executive Director of Justice Action Network.
“For far too long, the barriers to employment, housing, and education that follow a criminal conviction have needlessly fueled recidivism, undercut rehabilitation, and eroded public trust in our justice system,” said Lieutenant Diane Goldstein (Ret.), Executive Director of the Law Enforcement Action Partnership. “By supporting the automatic expungement of eligible criminal records, the Fresh Start Act will make it easier for individuals who have paid their debt to society to positively contribute to their communities. As criminal justice professionals, we know that clean slate initiatives strengthen public safety by reining in the unnecessary collateral consequences that too often deny people a fair chance at reintegration.”
“In the law enforcement community, we know that the best strategies to promote public safety are those that ensure individuals who have committed crimes are not only held accountable, but also have the tools to succeed when they return to communities. Securing housing, employment, and health care can all be more challenging with a criminal conviction, and these challenges can lead to an increased risk of recidivism. That is why we support the Fresh Start Act, which would help states implement laws that seal certain criminal records in order to ensure those records do not present obstacles to employment, education, housing, and other services. These state laws are critical steps towards improving the chances for successful reentry,” said Ronal Serpas, Advisory Board Chair, Law Enforcement Leaders to Reduce Crime and Incarceration.
“The Fresh Start Act is a beacon of hope for millions of Americans. Too often, a past record casts a long shadow, blocking access to jobs, housing, and education even after people have paid their debt to society. This act provides critical support for states to automate record expungement, offering the lifeline of a true fresh start. It's time to tear down the stigma and the barriers, strengthen communities, and unlock economic potential. NACDL urges Congress to pass this vital legislation and let this light shine,” said Andrew Birrell, President, National Association of Criminal Defense Lawyers.
Joint Statement of Clean Slate National Coalition Members: “The Clean Slate National Coalition is thrilled the Fresh Start Act has been introduced. This is a moment for Congress to recognize that a criminal record, even if someone isn't incarcerated, can create barriers for people who are trying to live a productive life. One in three Americans, anywhere between 70-100 million people, has a criminal record. These people are our family members, our friends, our coworkers, and people in our communities who shouldn't be defined by the worst day in their lives. The Fresh Start Act provides a path for states to help create the infrastructure for automatic record sealing and expungement laws. Already, a dozen states and DC have automatic record clearing laws. These automatic record clearing laws promote public safety by reducing the likelihood of repeat offenses and allow those who benefit from them to become productive citizens. We strongly encourage Members of Congress, Republican and Democratic alike, to cosponsor the Fresh Start Act and help us guide it to passage.”
“We’re so thankful to Sen. Van Hollen for his collaboration and leadership with Sen. Blunt Rochester on this issue. The Fresh Start Act would allow states to apply for federal grants to streamline and modernize court record-keeping systems, cutting the red tape that keeps millions of adults with arrest and conviction records from moving forward with their lives. We look forward to Congress’s consideration and hope they see the Fresh Start Act for what it is: A commonsense, bipartisan win for both employees and businesses that brings capable workers off the sidelines and back into the workforce,” said Sheena Meade, CEO, The Clean Slate Initiative.