The "Fresh Start Act of 2025" incentivizes states to automatically expunge criminal records by allowing them to use federal grant money to implement expungement laws and requiring them to report data on expungements to the Attorney General.
Laurel Lee
Representative
FL-15
The "Fresh Start Act of 2025" amends the Brady Handgun Violence Prevention Act, allowing grant funds to implement state laws that automatically expunge or seal criminal records, even if fees or fines are outstanding. States receiving these grants must report data disaggregated by race, ethnicity, and gender to the Attorney General on expungement eligibility, completed expungements, and pending applications. The Attorney General is then required to publish an annual public report based on the data received from the states.
The "Fresh Start Act of 2025" is looking to give states a financial boost for helping people get a true second chance. It proposes tweaking an existing federal law, the Brady Handgun Violence Prevention Act, so that grant money usually aimed at improving criminal record systems can also be used to implement and run state laws that automatically expunge or seal certain criminal records. The big idea? To make it smoother for folks to clear their past, especially by backing state laws that don't let unpaid court fees or fines stand in the way of a clean slate.
So, how does this actually work? The bill, specifically in SEC. 2, targets funds available under the Brady Handgun Violence Prevention Act (you might know it in connection to gun background checks, codified in places like 34 U.S.C. 40302(b)). Right now, this money helps states beef up their criminal history systems. The Fresh Start Act wants to add a new job for these grants: helping states put "covered expungement laws" into action. What's a "covered expungement law"? Think state-level rules that automatically clear or seal old criminal records without making folks jump through hoops or, crucially, without delaying the process just because they still owe some court fees or fines.
For example: Say you live in a state that passed a law to automatically clear old, minor drug possession charges after seven years. If that law also says you don't have to pay off every last cent of old court costs before your record gets sealed, your state could potentially use these federal grants to build the tech system or hire the staff needed to make those automatic clearings happen efficiently. This could mean your path to better job prospects or housing isn't blocked by an old mistake and an old bill.
This isn't just a blank check. States that take these grants would have to report back to the Attorney General every year, as outlined in SEC. 2. They'd need to share some key numbers: how many people in their state are actually eligible for this automatic record clearing, how many records have been successfully expunged or sealed each year since their law kicked in, and how many applications are still in the pipeline. And here’s a critical detail: this data has to be broken down by race, ethnicity, and gender.
If a state says, "Oops, we don't have all that info," the bill gives them a year to come up with a solid plan to get it. Then, the Attorney General will compile all this state data into an annual public report. This means everyone – from lawmakers to community groups to you – can see how well these programs are working and if they're reaching people fairly across different communities.
When you connect the dots, this bill could have some pretty significant real-world impacts. For individuals, getting an old record expunged or sealed can be a game-changer. It can open doors to jobs they were previously shut out of, make it easier to find stable housing, or even pursue further education. Think about someone who made a mistake in their youth, served their time, and has been trying to build a better life. This Act could help their state remove a major roadblock.
For states, it’s about getting support to implement laws they’ve already decided are important. Streamlining expungement isn't just about paperwork; it's about helping people become more productive members of society, which can have knock-on benefits for communities and even state budgets if it leads to more employment and less reliance on social safety nets. It’s important to remember this bill doesn't create new expungement laws itself; it offers a helping hand to states that are already on that path with systems that don't penalize people for being unable to pay fines.