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79 U. Cin. L. Rev. 155 (2010-2010)
Clean Slate: Expanding Expungements and Pardons for Non-Violent Federal Offenders

handle is hein.journals/ucinlr79 and id is 157 raw text is: CLEAN SLATE: EXPANDING EXPUNGEMENTS AND PARDONS FOR NON-VIOLENT FEDERAL OFFENDERS Lahny R. Silva* Over the past forty years, the United States Congress has passed legislation expanding the federal criminal code intruding into an area typically reserved to the states. The tough on crime rhetoric of the 1980s and 1990s brought with it the enactment of various legislative initiatives: harsh mandatory minimum sentences for non-violent federal offenders, truth in sentencing laws that restricted or abolished parole and early release, and strict liability disqualifications from employment and federal benefits based solely on the fact of conviction. The effect of this legislation was the creation of a new criminal class: a federal prison population. However, unlike the states the federal government does not have a legal mechanism in place adequately reintegrating federal offenders back into the American polity. This has contributed to soaring federal incarceration rates, rising government costs for corrections, and a historically high rate of criminal recidivism. This is a price tag the United States can no longer afford to pay. This Article argues that individuals who have served their sentences and abided by the law for some period afterward should be given the opportunity to rid their slates of their criminal histories. Such expungement of criminal convictions for individuals who demonstrate that they will abide by the law are likely to reduce the costs of the criminal justice system and improve the lives of ex-offenders. First, this Article examines post-conviction penalties and contemporary recidivism trends. Second, this Article investigates the law governing federal pardons and judicial expungements, finding that the doctrines and their applications lack consistency, making it difficult for non- * J.D. University of Connecticut 2007; Hastie Fellow and LLM Candidate University of Wisconsin. I would like to extend special thanks to my team who graciously reviewed multiple drafts of this piece: Professor Peter Carstensen, Professor Kaaryn Gustafson, Clinical Professor Meredith Ross, Assistant Professor Cecelia Klingele, and fellow Hastie Michael Oeser. I would also like to thank Professor Howie Erlanger, Professor David Schwartz, Karen DeMeola, Jane Sampeur, and Professor Thomas Mitchell. Thanks to my family for always believing in me. In addition, I owe the idea for this piece to Greater Hartford Legal Aid, Professional Image, J. Silva, and C. Lee. Thank you for the inspiration. 155

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