Federal convictions, largely driven by non-violent narcotics crimes, rose precipitously in the 1980s and 1990s. At the same time, onerous collateral consequences of convictions were being put in place and second-chance opportunities were closed off as parole was eliminated and pardon grants dropped sharply. It is now time to bring more balance to the system. The problems faced by those with felony convictions in finding housing, employment and a place in their communities have been well-documented and rob our nation of the talents of too many of our fellow citizens. Collateral consequences can serve as life-altering and perpetual punishment that can deny individuals and communities the stability they need to thrive. Expungement can advance freedom and justice while protecting and even enhancing public safety.
The problem
Unlike many state systems, federal law suffers from a dearth of record relief tools and other second-chance mechanisms for those who have completed sentences to help them thrive as productive citizens. Federal clemency has not and really cannot address this need, and, unlike many states, the federal system is almost unique in offering no statutory opportunity for the expungement of criminal records.
How the federal system changed
The Sentencing Reform Act of 1984 abolished parole in the federal criminal justice system. In place of parole, most people are required to serve a term of supervised release after leaving federal prison (BJS, Federal Offenders under Community Supervision, 1987-96).
The federal prison population then grew. A BJS report found that the number of people in federal prison increased 84 percent between fiscal years 1998 and 2012, and that the number of drug offenders in federal prison grew 63 percent over the same period (BJS, Drug Offenders in Federal Prison, 2015).
Clemency is not a record-relief process
The Justice Department says a pardon does not erase a conviction. Both the conviction and the pardon appear on the record (DOJ Office of the Pardon Attorney FAQ). The Department’s published statistics report 212 pardons granted during the Obama administration, with 3,395 pardon petitions received (DOJ clemency statistics).
Collateral consequences
The American Bar Association’s National Inventory of the Collateral Consequences of Conviction, funded by the National Institute of Justice, catalogued more than 44,000 separate collateral consequences in state and federal law as of 2018 (NIJ). The inventory is searchable at the National Inventory of Collateral Consequences of Conviction. The Collateral Consequences Resource Center tracks reform efforts.
Read Our Position, the background on federal expungement, the story of Babz Rawls Ivy, and answers to common questions.