,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #hihj  ,,in ,,the ,,house ,,of  
,,representatives  ,december #af1       
#bjbj,mr4 ,hall introduced the following
 bill2 which was referred to the        
,committee on the ,judiciary  ,a ,,bill 
,to provide for the resentencing and    
expungement of nonviolent offenses for  
individuals adversely impacted by the   
,war on ,drugs1 and for other purposes4 
#a4 ,short title ,this ,act may be cited
 as the ,nonviolent ,drug ,crime        
,expungement ,act of #bjbj4  #b4        
,resentencing and expungement  7a7      
,expungement of ,federal nonviolent     
offense convictions for individuals not 
under a criminal justice sentence  7#a7 
,in general ,not later than #a year     
after the date of the enactment of this 
,act1 each ,federal district shall      
conduct a comprehensive review and issue
 an order expunging each conviction or  
adjudication of juvenile delinquency for
 a ,federal nonviolent offense entered  
by each ,federal court in the district  

before the date of enactment of this    
,act1 for each individual adversely     
impacted by the ,war on ,drugs4 ,each   
,federal court shall also issue an order
 expunging any arrests associated with  
each expunged conviction or adjudication
 of juvenile delinquency4  7#b7         
,notification ,to the extent            
practicable1 each ,federal district     
shall notify each individual whose      
arrest1 conviction1 or adjudication of  
delinquency has been expunged pursuant  
to this subsection that their arrest1   
conviction1 or adjudication of juvenile 
delinquency has been expunged1 and the  
effect of such expungement4  7#c7 ,right
 to petition court for expungement ,at  
any point after the date of enactment of
 this ,act1 any individual adversely    
impacted by the ,war on ,drugs with a   
prior conviction or adjudication of     
juvenile delinquency for a ,federal     
nonviolent offense1 who is not under a  
criminal justice sentence1 may file a   
motion for expungement4 ,if the         

expungement of such a conviction or     
adjudication of juvenile delinquency is 
required pursuant to this ,act1 the     
court shall expunge the conviction or   
adjudication1 and any associated        
arrests4 ,if the individual is indigent1
 counsel shall be appointed to represent
 the individual in any proceedings under
 this subsection4  7#d7 ,sealed record  
,the court shall seal all records       
related to a conviction or adjudication 
of juvenile delinquency that has been   
expunged under this subsection4 ,such   
records may only be made available by   
further order of the court4  7b7        
,sentencing review for individuals under
 a criminal justice sentence  7#a7 ,in  
general ,for any individual adversely   
impacted by the ,war on ,drugs who is   
under a criminal justice sentence for a 
,federal nonviolent offense1 the court  
that imposed the sentence shall1 on     
motion of the individual1 the ,director 
of the ,bureau of ,prisons1 the attorney
 for the ,government1 or the court1     

conduct a sentencing review hearing4 ,if
 the individual is indigent1 counsel    
shall be appointed to represent the     
individual in any sentencing review     
proceedings under this subsection4  7#b7
 ,potential reduced resentencing ,after 
a sentencing hearing under paragraph    
7#a71 a court shall-- 7,a7 expunge each 
conviction or adjudication of juvenile  
delinquency for a ,federal nonviolent   
offense entered by the court before the 
date of enactment of this ,act1 and any 
associated arrest2  7,b7 vacate the     
existing sentence or disposition of     
juvenile delinquency and1 if applicable1
 impose any remaining sentence or       
disposition of juvenile delinquency on  
the individual as if this ,act1 and the 
amendments made by this ,act1 were in   
effect at the time the offense was      
committed2 and  7,c7 order that all     
records related to a conviction or      
adjudication of juvenile delinquency    
that has been expunged or a sentence or 
disposition of juvenile delinquency that

 has been vacated under this ,act be    
sealed and only be made available by    
further order of the court4  7c7 ,effect
 of expungement ,an individual who has  
had an arrest1 a conviction1 or juvenile
 delinquency adjudication expunged under
 this section-- 7#a7 may treat the      
arrest1 conviction1 or adjudication as  
if it never occurred2 and  7#b7 shall be
 immune from any civil or criminal      
penalties related to perjury1 false     
swearing1 or false statements1 for a    
failure to disclose such arrest1        
conviction1 or adjudication4  7d7       
,exception ,an individual who at        
sentencing received an aggravating role 
adjustment pursuant to ,united ,states  
,sentencing ,guideline #c;,b#a4a7;a7 in 
relation to a ,federal nonviolent       
offense conviction shall not be eligible
 for expungement of that conviction     
under this section4  7e7 ,definitions   
,in this section3 7#a7 ,the term expunge
 means1 with respect to an arrest1 a    
conviction1 or a juvenile delinquency   

adjudication1 the removal of the record 
of such arrest1 conviction1 or          
adjudication from each official index or
 public record4  7#b7 ,the term under a 
criminal justice sentence means1 with   
respect to an individual1 that the      
individual is serving a term of         
probation1 parole1 supervised release1  
imprisonment1 official detention1       
pre-release custody1 or work release1   
pursuant to a sentence or disposition of
 juvenile delinquency4  7#c7 ,the term  
individual adversely impacted by the    
,war on ,drugs means an individual who  
has been arrested for or convicted of   
the sale1 possession1 use1 manufacture1 
or cultivation of cannabis1 cocaine1 or 
crack 7except for a conviction involving
 distribution to a minor71 or whose     
parent1 sibling1 spouse1 or child has   
been arrested for or convicted of such  
an offense4  7#d7 ,the term nonviolent  
offensemeans an offense that-- 7,a7 does
 not have as an element the use1        
attempted use1 or threatened use of     

physical force against the person or    
property of another2 or  7,b7 is not a  
felony that by its nature involves a    
substantial risk that physical force    
against the person or property of       
another may be used in the course of    
committing the offense4  #c4            
,eligibility for ,department of ,justice
 grants ,beginning in the first fiscal  
year that begins after the date that is 
one year after the date of enactment of 
this ,act1 in order to be eligible for a
 grant made by the ,department of       
,justice1 a ,state shall have in place a
 resentencing and expungement program   
that is substantially similar to the    
program under section #b for nonviolent 
offenses under the laws of that ,state4