HR-8352-119
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Sponsored by Derek Schmidt (R-KS)
What it does
The Criminal History Access Act would modify federal rules governing who can access criminal history records and under what circumstances. Based on the bill's title and category, it would likely expand or clarify the conditions under which individuals, employers, or other entities can obtain criminal background information held in federal or state databases. The specific procedural mechanisms — such as which agencies administer access, what fees apply, or what consent requirements exist — are not detailed in the available bill text.
Who benefits
Employers and landlords seeking to screen applicants using criminal history data. Individuals who may benefit from broader access to their own records for dispute or correction purposes. Licensing boards and professional associations that rely on background checks. Law enforcement agencies that may gain streamlined access. Background check service companies that could see increased demand.
Who is hurt
Individuals with criminal records who may face wider disclosure of their history to more requesters, potentially affecting employment, housing, and licensing opportunities. People who have completed sentences and seek reintegration, as broader access could extend the practical consequences of a conviction. Privacy advocates concerned about expanded data sharing. Lower-income individuals who may lack resources to monitor or contest inaccurate records.
Supporters argue
Supporters argue that access to accurate criminal history information is essential for public safety decisions — such as hiring for positions involving vulnerable populations — and that current access restrictions leave employers and institutions without the information they need to make informed choices. They contend that expanding access reduces information asymmetries that can expose communities to preventable harm, and that transparency in criminal records serves legitimate government interests recognized under existing civil rights frameworks.
Opponents argue
Opponents argue that broader access to criminal records entrenches barriers to reentry for people who have already served their sentences, disproportionately affecting Black and Latino individuals who are overrepresented in the criminal justice system. They contend that expanded disclosure without corresponding accuracy safeguards risks perpetuating errors in criminal databases — which the Bureau of Justice Statistics has found to be incomplete or inaccurate in a significant share of records — causing lasting harm to individuals who cannot easily correct their files.