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  #26  
Old 05-20-2009, 03:51 PM
Deaf Boy Deaf Boy is offline
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Originally Posted by Butch Cassidy View Post
I believe that includes restitution. I know that it includes Supervised Release.

BTW I was at the camp at Butner in 2005 for several months if you have any questions. Do you know if you are going there?
No, actually I got assigned Edgefield, SC. Thanks though.
I agree with you that "sentence" probably includes supervised release. However, I think it doesn't include restitution after supervised release because from what I understand, you no longer have a sentence, but the Gov''t can still attempt to collect restitution via judgement which would mean your sentence has been completed.
I say this after going through the convoluted way of how the government continues to keep a leash on you afterwards.
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  #27  
Old 05-20-2009, 04:09 PM
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Question Restitution

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No, actually I got assigned Edgefield, SC. Thanks though.
I agree with you that "sentence" probably includes supervised release. However, I think it doesn't include restitution after supervised release because from what I understand, you no longer have a sentence, but the Gov''t can still attempt to collect restitution via judgement which would mean your sentence has been completed.
I say this after going through the convoluted way of how the government continues to keep a leash on you afterwards.
Anytime. Could be. I didn't have any restitution(can't get blood from a stone) so you would know better than I in that regard.

Could you "spread the word" about this bill when you go in?
Counting our friends and families, we actually constitute a rather large voting block.

You may even want to call Charlie Rangel's Harlem office to see if someone can answer your question. I hope that H.R. 1529 applies to you. Good Luck!
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  #28  
Old 05-20-2009, 07:07 PM
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Did anyone else have trouble posting comments on the petition? i wrote out comments twice and they were not posted...sabotage?
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  #29  
Old 05-20-2009, 08:28 PM
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Thanks for posting the link and for getting the word out. I'm contacting the House Judiciary Committee members daily via telephone and/or fax. This Bill needs to get passed this year.
Hi, do you have a list of names and telephone numbers?
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  #30  
Old 05-20-2009, 10:30 PM
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Lightbulb House Committee on the Judiciary

GJ07 - below are the Committee members telephone & fax numbers. Thanks somuch for lending your support to the fight

Member Name DC Phone DC FAX

John Conyers, Jr. (D-MI) [Chairman] 202-225-5126 202-225-0072
Howard L. Berman (D-CA) 202-225-4695 202-225-3196
Rick Boucher (D-VA) 202-225-3861 202-225-0442
Jerrold Nadler (D-NY) 202-225-5635 202-225-6923
Robert C. Scott (D-VA) 202-225-8351 202-225-8354
Melvin L. Watt (D-NC) 202-225-1510 202-225-1512
Zoe Lofgren (D-CA) 202-225-3072 202-225-3336
Sheila Jackson-Lee (D-TX) 202-225-3816 202-225-3317
Maxine Waters (D-CA) 202-225-2201 202-225-7854
Bill Delahunt (D-MA) 202-225-3111 202-225-5658
Robert Wexler (D-FL) 202-225-3001 202-225-5974
Steve Ira Cohen (D-TN) 202-225-3265 202-225-5663
Hank Johnson (D-GA) 202-225-1605 202-226-0691
Pedro Pierluisi (D-PR) 202-225-2615 202-225-2154
Mike Quigley (D-IL) 202-225-4061 202-225-5603
Luis V. Gutierrez (D-IL) 202-225-8203 202-225-7810
Brad Sherman (D-CA) 202-225-5911 202-225-5879
Tammy Baldwin (D-WI) 202-225-2906 202-225-6942
Charles A. Gonzalez (D-TX) 202-225-3236 202-225-1915
Anthony Weiner (D-NY) 202-225-6616 202-226-7253
Adam Schiff (D-CA) 202-225-4176 202-225-5828




Lamar Smith (R-TX) [Ranking Member] 202-225-4236 202-225-8628
F. James Sensenbrenner, Jr. (R-WI) 202-225-5101 202-225-3190
Howard Coble (R-NC) 202-225-3065 202-225-8611
Elton Gallegly (R-CA) 202-225-5811 202-225-1100
Bob Goodlatte (R-VA) 202-225-5431 202-225-9681
Dan Lungren (R-CA) 202-225-5716 202-226-1298
Darrell Issa (R-CA) 202-225-3906 202-225-3303
J. Randy Forbes (R-VA) 202-225-6365 202-226-1170
Steve King (R-IA) 202-225-4426 202-225-3193
Trent Franks (R-AZ) 202-225-4576 202-225-6328
Louie Gohmert (R-TX) 202-225-3035 202-226-1230
Jim Jordan (R-OH) 202-225-2676 202-226-0577
Ted Poe (R-TX) 202-225-6565 202-225-5547
Jason Chaffetz (R-UT) 202-225-7751 202-225-5629
Tom Rooney (R-FL) 202-225-5792 202-225-3132
Gregg Harper (R-MS) 202-225-5031 202-225-5797
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Last edited by tia240; 05-20-2009 at 10:42 PM.. Reason: removing links
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  #31  
Old 05-20-2009, 10:47 PM
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Hi, do you have a list of names and telephone numbers?
Sorry if it's hard to read - every time I tried spacing out the fax from the phone numbers - the edit-box smushes it up again
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  #32  
Old 05-21-2009, 11:16 AM
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Thumbs down FedCure

Now I've seen everything.

FedCURE is NOT supporting this legislation.

They stated that they have "more important" things to work on.

Makes me wish that I'd contributed to FAMM instead.

At least they support H.R. 1529 on their website.
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  #33  
Old 05-21-2009, 02:03 PM
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Originally Posted by Butch Cassidy View Post
Now I've seen everything.

FedCURE is NOT supporting this legislation.

They stated that they have "more important" things to work on.

Makes me wish that I'd contributed to FAMM instead.

At least they support H.R. 1529 on their website.
Thanks for this information. Yes, I feel the same as you and this is something we all need to know.
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  #34  
Old 05-21-2009, 02:18 PM
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Sorry if it's hard to read - every time I tried spacing out the fax from the phone numbers - the edit-box smushes it up again
Not sure if you know this or not, this did print on page 2 of this thread. We are on page 3 now.
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  #35  
Old 05-21-2009, 09:29 PM
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Originally Posted by Butch Cassidy View Post
Now I've seen everything.

FedCURE is NOT supporting this legislation.

They stated that they have "more important" things to work on.

Makes me wish that I'd contributed to FAMM instead.

At least they support H.R. 1529 on their website.
Hi Butch: I might add to this, however, per my e-mail to FAMM recently. They are only listing it. They are not sponsoring it because their main objective is the mandatory minimum laws they told me. Looks like the main support is going to have to come from those of us right here. As someone else said on here though, with all of us and friends and relatives, we are a large group. This will not help me because my loved one is facing state charges; however, whether it is state or federal, we all need to be involved in helping all. We should not be worrying about whether we get any benefit--but will some of us. Let's all work for all, not just for our own. Let's all give as much effort to this as we would to one for our own. I also hope that all of you with federal charges will work just as hard for those of us from various states that need help. Let's all be in this together no matter which of us will benefit.
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  #36  
Old 05-21-2009, 09:38 PM
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Too bad this isn't on the state level.
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  #37  
Old 05-22-2009, 11:25 AM
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Default Regarding FedCure & FAMM

Quote:
Originally Posted by Butch Cassidy View Post
Now I've seen everything.

FedCURE is NOT supporting this legislation.

They stated that they have "more important" things to work on.

Makes me wish that I'd contributed to FAMM instead.

At least they support H.R. 1529 on their website.

Hi Butch. I too have contacted FedCure and FAMM on several occassions and basically hit the wall. I even wrote a letter to each state cure chapter with a big zero for a response. Not one chapter responded. They have their agenda I guess but I think they are to narrowly focused.
In your discussions with Deaf Boy he was asking about the terms of 1529. Here is a brief synopsis. BTW my son is at Edgefield. I'm leaving right after this post to go for a visit.
H.R. 1529, the Second Chance for Ex-Offenders Act of 2009
On March 6, Rep. Charles Rangel (D-NY) introduced HR 1529, the Second Chance for Ex-Offenders Act of 2009, legislation that would permit expungement of records of certain nonviolent criminal offenses. A person would be eligible to apply for expungement only if they fulfill requirements detailed in the legislation, including:
  • Never being convicted of a violent offense (including an offense under state law that would be a violent offense if it were federal);
  • Never being convicted of a nonviolent offense other than the one for which expungement is sought;
  • Fulfilling all requirements of the sentence, including completion of any term of imprisonment or period of probation, meeting all conditions of a supervised release, and paying all fines;
  • Remaining free from dependency on or abuse of alcohol or a controlled substance a minimum of one year;
  • Obtaining a high school diploma or completion of a high school equivalency program;
  • Completing at least one year of community service.
Records expunged or sealed.—Upon order of expungement, all official law enforcement and court records, including all references to such person’s arrest for the offense, the institution of criminal proceedings against him, and the results thereof, except publicly available court opinions or briefs on appeal, shall be expunged (in the case of non-tangible records) or gathered together and sealed (in the case of tangible records).
Record of disposition To be retained.—A nonpublic record of a disposition or conviction that is the subject of an expungement order shall be retained only by the Department of Justice solely for the purpose of use by the courts in any subsequent adjudication.

Reversal of expunged records
“The records expunged under this subchapter shall be restored by operation of law as public records and may be used in all court proceedings if the individual whose conviction was expunged is subsequently convicted of any Federal or State offense.”
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  #38  
Old 05-22-2009, 11:39 AM
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Hi Butch: I might add to this, however, per my e-mail to FAMM recently. They are only listing it. They are not sponsoring it because their main objective is the mandatory minimum laws they told me. Looks like the main support is going to have to come from those of us right here. As someone else said on here though, with all of us and friends and relatives, we are a large group. This will not help me because my loved one is facing state charges; however, whether it is state or federal, we all need to be involved in helping all. We should not be worrying about whether we get any benefit--but will some of us. Let's all work for all, not just for our own. Let's all give as much effort to this as we would to one for our own. I also hope that all of you with federal charges will work just as hard for those of us from various states that need help. Let's all be in this together no matter which of us will benefit.
Hi GJ.....Many individuals and groups that support this bill as well as HR 1475 which will restore "Good Time" are scattered all over the web. I along with Butch and many others, posting on this web site, washington watch, change and others have been trying to come up with a way to bring everyone together in one effort. Any ideas that you have are welcome. Butch this may be of interest as Ray at washington watch is still talking about a rally in DC and while this is good, I just saw an article talking about a national call in where on a designated day, everyone calls the Capitol switchboard at least three times asking to be transferred to their two Senators and to their Congressman. Might raise a few eyebrows.
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  #39  
Old 05-22-2009, 11:45 AM
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Thanks Tia. I post on washingtonwatch as my alter ego brokenhearteddad. Kinda sappy huh?
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  #40  
Old 05-22-2009, 12:26 PM
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Thanks Tia. I post on washingtonwatch as my alter ego brokenhearteddad. Kinda sappy huh?
Sappy? - hardly - you're just being a Good and Caring Dad I truly hope your son will be home soon. Have a wonderful visit with him and thanks again for your efforts!

Personally, I'm in for both participating in a rally and participating in the national call in day. I have been pushing some local grassroots activists into supporting both federal expungement and federal good time bills stuck in the House sub committee. But as its been already pointed out - so many of these groups are very narrowly focused. I'm dumbfounded as to why there isn't much more buzz & excitement about H.R. 1529 - thankfully H.R. 1475 has a bit more momentum. Hopefully - one of them survives into being made law.

Godspeed!

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  #41  
Old 05-22-2009, 12:37 PM
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Hi Butch: I might add to this, however, per my e-mail to FAMM recently. They are only listing it. They are not sponsoring it because their main objective is the mandatory minimum laws they told me. Looks like the main support is going to have to come from those of us right here. As someone else said on here though, with all of us and friends and relatives, we are a large group. This will not help me because my loved one is facing state charges; however, whether it is state or federal, we all need to be involved in helping all. We should not be worrying about whether we get any benefit--but will some of us. Let's all work for all, not just for our own. Let's all give as much effort to this as we would to one for our own. I also hope that all of you with federal charges will work just as hard for those of us from various states that need help. Let's all be in this together no matter which of us will benefit.
GJ07- excellent points! I so agree - we're all in this Together - so united we stand!!!
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  #42  
Old 05-22-2009, 02:56 PM
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Edited: Oops, I only read the first page and you have moved on much since then.

I do have one question, is the language so broad that it says, "never been convicted of a nonviolent offense other than the one for which expungement is sought"? Does that include non-moving motor vehicle charges such as having a tail light out? And, what happens if there is more than one nonviolent charge for the same arrest?

I agree some reform is a start at least and it sounds like you are organizing well.
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Last edited by ead; 05-22-2009 at 02:59 PM..
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  #43  
Old 05-22-2009, 05:19 PM
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Edited: Oops, I only read the first page and you have moved on much since then.

I do have one question, is the language so broad that it says, "never been convicted of a nonviolent offense other than the one for which expungement is sought"? Does that include non-moving motor vehicle charges such as having a tail light out? And, what happens if there is more than one nonviolent charge for the same arrest?

I agree some reform is a start at least and it sounds like you are organizing well.
Hi Ead - I'm going to take a stab at answering your question and hopefully others with better legal knowledge will jump in and clarify. . .

Having a tail light out is a traffic (DMV) offense - not a criminal matter - it stays in the domain of motor vehicles/traffic court. Traffic court tickets and citations do not count in criminal court - maybe unless you e.g. ran a red light fleeing from the scene of robbing a bank and you're pulled over for running the red light and the officer saw the bags of money and gun on the back seat etc. (if this were the case though you probably wouldn't ever be charged in traffic court but have everything piled on you in criminal court)

I could be wrong but the first time non-violent offense/conviction - could have multiple charges within the single conviction. But you would no longer be considered a first time non-violent offender - if you had separate multiple non-violent convictions - whether they were prior to or after the conviction your seeking expungement for. The first time conviction has to be your only conviction.

Hopefully - I haven't served to confuse you even more
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  #44  
Old 05-22-2009, 06:45 PM
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Hi Ead - I'm going to take a stab at answering your question and hopefully others with better legal knowledge will jump in and clarify. . .

Having a tail light out is a traffic (DMV) offense - not a criminal matter - it stays in the domain of motor vehicles/traffic court. Traffic court tickets and citations do not count in criminal court - maybe unless you e.g. ran a red light fleeing from the scene of robbing a bank and you're pulled over for running the red light and the officer saw the bags of money and gun on the back seat etc. (if this were the case though you probably wouldn't ever be charged in traffic court but have everything piled on you in criminal court)

I could be wrong but the first time non-violent offense/conviction - could have multiple charges within the single conviction. But you would no longer be considered a first time non-violent offender - if you had separate multiple non-violent convictions - whether they were prior to or after the conviction your seeking expungement for. The first time conviction has to be your only conviction.

Hopefully - I haven't served to confuse you even more


I would think that it would go by the number of offenses that you have as well. For example, my dad had a 2 count indictment for perjury and conspiracy to defraud the Gov't. and went to trial. Never had any other charges before or since.

I helped my dad on his case and they took revenge against me by indicting me on one count of perjury which I also went to trial on. Never been charged before or since.
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  #45  
Old 05-30-2009, 11:36 AM
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Just checking in to see if anyone has heard if there has been any activity on this bill languishing in Congress.
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Old 06-02-2009, 08:31 PM
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Just found this on Digg.com

digg it. . .The Second Chance for Ex-Offenders Act of 2009 - http://digg.com/d1snYW?t
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Old 06-03-2009, 02:23 PM
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[quote=tia240;4705546]Just found this on Digg.com


Tia240......one in a million, or is it two, maybe three, how about four. Thanks for all you do and here is another site for all who are following this thread. I am there, Tia also and others that you may know so join us.

Go to Yahoo......Groups........Enter Support of HR 1529.........click join group..
follow instructions and welcome

We need you now.
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Old 06-08-2009, 11:27 PM
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Came across this blog article - though it's not Federal expungement - I thought I would still share:

A case for expungement- http://bit.ly/2LyST
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Old 06-09-2009, 07:48 PM
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Default Matt Kelley Article

Matt Kelley at change.org has written an article in support of HR 1529. See it here and thanks Matt
http://criminaljustice.change.org/bl..._second_chance
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Old 06-17-2009, 11:53 AM
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Default This Bill Is Dead For The Sixth Time Unless You Act Now

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Introduced by Congressman Charles B. Rangel. Rep. Rangel is the Chief Sponsor. This bill seeks to: - Amends the federal criminal code to allow an individual to file a petition for expungement of a record of conviction for a nonviolent criminal offense if such individual has:
(1) never been convicted of a violent offense and has never been convicted of a nonviolent offense other than the one for which expungement is sought;
(2) fulfilled all requirements of the sentence of the court in which conviction was obtained;
(3) remained free from dependency on or abuse of alcohol or a controlled substance for a minimum of one year and has been rehabilitated, to the court's satisfaction, if so required by the terms of supervised release;
(4) obtained a high school diploma or completed a high school equivalency program; and
(5) completed at least one year of community service.

Supporters of H.R. 1529 our bill is going nowhere and we at http://******************/group/support_of_hr1529/ think that we may know why. Following is a letter to the Chairman of the Judiciary that explains a little of our suspicions. Join our Yahoo group now for more information and what you can do.

Honorable John Conyers Jr. Chairman
House Committee on the Judiciary
2138 Rayburn House Office Building
Washington, DC 20515

Dear Congressman Conyers,

We are supporters of H. R. 1529 the “Second Chance for Ex-Offenders Act of 2009” introduced by Congressman Charles Rangel of New York, Chairman of the House Ways and Means Committee. The bill has been assigned to the Subcommittee on Crime, Terrorism and Homeland Security and is awaiting action by that body.

Mr. Chairman as you may be aware this legislation was originally introduced to the 106th Congress in October of the year 2000 as H.R.5433 and has been reintroduced as a new bill to each subsequent session, 107th through 110th, since. This is a span of more than eight years and in each and every session to date the bill has never been passed from the Judiciary Committee to the full House of Representatives for their consideration and action.

We are now in the 111th session of Congress and once more this legislation is being held in committee and it seems that it will suffer the same fate as its predecessors. We are interested in why this has been the fate of the bill in each session since its first introduction. We have observed that in each of the previous introductions to the Congress, save the first, varying numbers of co-sponsors have voiced their support of this legislation yet in the current version there are no co-sponsors at all and our question is why?

Sir, we have been searching for the answer to that question and perhaps we have found the answer. We would like to share our findings with you and respectfully ask for your comments. We are very much aware that there are certain protocols that members of congress are expected to follow when introducing legislation. One of these is the transmittal of a “Dear Colleague” letter to other members soliciting their support. We believe that this never happened in this instance as evidenced by the fact that, three months after introduction, the bill still has no co-sponsors. We further understand that it is not considered typical for a member, much less the Chairman of another committee to introduce legislation that will be assigned outside of his/her own committee without seeking the “blessing” and support of the chairman of the committee to which the bill will be assigned, a simple matter of respect towards a colleague. It seems that this was the case here. We understand that if Rep. Rangel wished to introduce legislation that would be assigned to the Judiciary, that a meeting should have been scheduled with the Chairman of the Judiciary Committee to formally request that the Chairman of the Judiciary either sponsor or become the lead co-sponsor of the bill or, at minimum, a “Dear Colleague Letter” should have been transmitted to the Chairman of the Judiciary requesting that the Chairman of the Judiciary introduce the bill on the behalf of Rep. Rangel and on the behalf of the 15th Congressional District of New York thus making Rep. Rangel a co-sponsor.

There are many thousands of people, who have pinned their hopes and dreams on the promise that this legislation offers, that they will have the opportunity to prove that they are worthy of “Second Chance.” No guarantee, just the opportunity. Mr. Chairman there are members of our group who have watched their dreams shattered year after year. Many committed the offense that they are seeking relief from 5-10-20 or more years ago and have paid their “full debt to society” yet are still suffering the life sentence imposed only by archaic law rather than by the judgment of any court. Many have gone on to successful careers and achieved degrees of higher education. The majority however continues to suffer unjustly and have watched as year after year legislation is introduced to relieve their pain only to see it die in committee, watched year after year as a man hailed as a hero in some circles continued to introduce the legislation and be honored for his efforts. Could it be that it was all a sham?

If the proper procedures are not being followed now were they ever? If American citizens are suffering because of poor procedural issues this is a travesty of the highest order. We ask why has no one identified this error? We have petitions on three sites with a total of more that 1000 signatures supporting this legislation. Two of the petition sites are generating hundreds of letters to the President, members of the Senate and Members of the House of Representatives. We will gladly provide details, if you wish, to verify this statement. Individual personal letters written by supporters to every member of the Judiciary Committee, including you sir, and to every member of the Subcommittee to which this legislation is assigned have received no response from any one of you.
There are dozens of web sites crowded with citizens calling for passage of this legislation. We ask why have the thousands of supporters of this legislation been allowed, year after year, to continue their efforts, trusting our elected leaders to fulfill their promise and to properly take care of the business of “We The People” when this almost assuredly not the case. We feel that at best we have been ignored and at worst, mislead and lied to.

Mr. Chairman we respectfully request that you conduct an immediate investigation into these allegations and if they are found to be true that you immediately assume “ownership” of this legislation and insure that it receives the proper attention and is passed to the full House of Representatives for their consideration.

Sincerely,

Supporters of H.R. 1529

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Last edited by Thomas K; 06-17-2009 at 11:55 AM..
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