New FIRE Act Extends Wage and Safety Protections to Incarcerated Firefighters, Creates Path for Expungement

The newly proposed Fairness, Inclusion, Rehabilitation, and Expungement for Incarcerated Firefighters Act (FIRE Act) is a major piece of legislation that changes how we treat incarcerated individuals who perform dangerous firefighting duties. At its core, the bill mandates that these workers—who often risk their lives fighting wildfires or responding to emergencies—receive the same basic protections as other employees under federal labor law. This is a big shift from the status quo.

The Labor Law Upgrade: OSHA and FLSA Coverage

This bill doesn’t mess around. It directly inserts incarcerated firefighters into the protections of two huge federal laws: the Occupational Safety and Health Act (OSHA) and the Fair Labor Standards Act (FLSA). For OSHA, this means federal and state correctional facilities must now treat incarcerated firefighters like regular employees when it comes to workplace safety. Think hard hats, proper gear, and safety inspections. Any state running a prison must now specifically include these workers in their state safety plans, and facilities have to start reporting annually on their safety conditions, including any injuries or deaths, to Congress and the Attorney General within two years of the law passing. This is a huge win for accountability.

On the wage side, the FIRE Act defines incarcerated firefighters as "employees" under the FLSA. This means they are now covered by minimum wage and overtime rules. Crucially, the bill clarifies that the correctional facility can’t count the cost of room, board, or other services provided to the inmate as part of their wages. Even better, they can’t deduct court-imposed fees—like administrative or DNA database fees—from the paycheck and still count that money toward the required wage. The only things that can still be deducted are specific items like child support, victim compensation, or criminal fines, which keeps the focus on ensuring the worker actually receives a fair wage.

The Reentry Lifeline: Grants for Second Chances

Recognizing that these individuals often have valuable, highly skilled experience, the FIRE Act sets up two new grant programs designed to help states comply and assist former workers upon release. First, the bill authorizes $100 million annually from Fiscal Year 2026 through 2031 for the Secretary of Labor to help states update their occupational safety laws to cover these workers. This money is earmarked for things like inspections and enforcement, ensuring the new safety rules actually stick.

Second, and perhaps most impactful for the individual, the bill creates Incarcerated Firefighter Reentry Program Grants. These grants will be handed out to non-profits and local workforce boards to provide job training, placement assistance, and mentoring specifically for former incarcerated firefighters during the critical 180-day reentry period after release. For someone who risked their life fighting fires only to be blocked from getting a job due to their record, this targeted funding provides a genuine path back to employment.

Clearing the Slate: The Expungement Mechanism

Here’s where the bill delivers real criminal justice reform. The FIRE Act establishes a formal process for eligible incarcerated firefighters to petition a court to expunge certain past convictions. To be eligible, you must have completed every part of your sentence—prison time, probation, and payment plans for fines/restitution.

If you file your petition at least seven years after completing your sentence, the court must grant the expungement, and prosecutors can’t object. If you file at least one year after completion, the court may grant it at its discretion, balancing your interests against public safety. If expungement is granted, that conviction cannot be used against you in future sentencing, and you are legally restored to the status you held before the arrest. This means you won't have to disclose the conviction when applying for a job, opening up doors that were previously slammed shut.

Overall, the FIRE Act is a comprehensive bill that addresses labor rights, safety, and rehabilitation for a specific group of incarcerated workers. While it places new administrative and reporting burdens on correctional facilities, the bill provides significant financial incentives (grants) for states to comply, making it a powerful mandate for change.