,i #aahth ,,congress #b;d ,session ,h4 ,r4 #hiag ,,in ,,the ,,house ,,of ,,representatives ,july #b1 #bjbd,mr4 ,carter of ,louisiana 7for himself and ,mr4 ,armstrong7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend ,federal law to create an expungement mechanism and a process to petition for expungement for low-level violations of the ,controlled ,substances ,act as it relates to marijuana1 to study the impact of expungements issued1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,marijuana ,misdemeanor ,expungement ,act4 #b4 ,definitions 7a7 ,definitions ,as used in this section3 7#a7 ,criminal justice agency ,the term criminal justice agency means-- 7,a7 a ,federal or ,state court2 7,b7 a governmental agency or any subunit thereof that-- 7i7 performs the administration of criminal justice pursuant to a statute or ,executive order1 and allocates a substantial part of its annual budget to the administration of criminal justice2 7ii7 is designated by ,congress1 the ,president1 the ,attorney ,general of the ,united ,states1 the ,federal ,bureau of ,investigation1 or other appropriate ,federal official1 to perform centralized recordkeeping functions for official records1 including the collection1 storage1 maintenance1 updating1 and dissemination of such records and responding to requests for information in or about such records2 or 7iii7 is designated by the ,governor or other appropriate executive official or the legislature of a ,state to perform centralized recordkeeping functions for official records1 including the collection1 storage1 maintenance1 updating1 and dissemination of such records and responding to requests for information in or about such records2 and 7,c7 a ,federal or ,state inspector general in his or her review of other criminal justice agencies4 7#b7 ,official record 7,a7 ,the term official record means any documentation or other information on an individual1 in electronic or physical form1 consisting of identifiable descriptions or notations by criminal justice agencies about that individual1 regarding-- 7i7 detection activities1 investigations 7including police questioning and searches and seizures71 and arrests conducted by criminal justice agencies1 as well as their decisions not to refer cases for legal proceedings2 7ii7 institution of legal proceedings by indictment1 complaint1 information1 other formal criminal charge1 summons or citation1 and notice of civil penalty2 and 7iii7 legal results or consequences of clauses 7i7 and 7ii71 including court-ordered detention1 pretrial and post-trial release1 diversion1 non-prosecution or deferred prosecution1 deferred adjudication1 pleas 7e4g41 not-guilty pleas1 guilty pleas1 and nolo contendere71 nolle prosequi1 competence findings1 dismissal1 acquittal1 conviction1 mistrial1 juvenile adjudication1 sentencing1 correctional supervision1 rehabilitation1 probation1 parole1 release1 and civil penalty4 7,b7 ,the term does not include identification information1 such as fingerprint records1 if such information does not indicate involvement of the individual with an expungable event as defined by subsection 7a77#h74 7#c7 ,expunge ,the term expunge means to remove an official record and any references to such record in another official record 7including an official index or list7 or in other public records1 except for publicly available court opinions and legal briefs4 7#d7 ,seal ,the term seal means to store securely any expunged records possessed by the court issuing the expungement order to prevent access to such records except pursuant to subsection 7e7 or by further order of the court4 7#e7 ,sequester ,the term sequester means to retain an unaltered nonpublic copy of an official record and any other record or index subject to an expungement order1 and to store such records in a separate1 secure area to prevent access to those records except pursuant to subsection 7e7 or by further order of the court issuing the expungement order4 7#f7 ,redact ,the term redact means to remove or obscure from an official record any references to an expunged record1 including1 as necessary and consistent with subsection 7a77#b77;,b71 any identifying information4 7#g7 ,marijuana ,the term marijuana means the substance defined as marihuana in #ba ,u4,s4,c4 #hjb7af7 and also defined or referred to as marijuana 7e4g41 #ah ,u4,s4,c4 #agia7;d77#a77;,b71 #ba ,u4,s4,c4 #hfc7;d77 and tetrahydrocannabinols 7e4g41 #ba ,u4,s4,c4 #hab7;c774 7#h7 ,expungable event 7,a7 ,the term expungable event means an arrest1 the initiation of legal proceedings1 and any legal results or consequences1 as defined by subsection 7a77#b77;,a77i7-7iii71 for violating1 attempting to violate1 or conspiring to violate the following1 as well as sentencing 7including probation7 and imposition of civil penalty pursuant to the following3 7i7 #ba ,u4,s4,c4 #hda7;b77#d74 7ii7 #ba ,u4,s4,c4 #hdb7;c77#b71 where the controlled substance was marijuana4 7iii7 #ba ,u4,s4,c4 #hdd7;a71 where the controlled substance was marijuana4 7iv7 #ba ,u4,s4,c4 #hdd;a1 where the controlled substance was marijuana4 7v7 #ah ,u4,s4,c4 #ac1 where the underlying act or omission involves marijuana1 including marijuana-related drug paraphernalia 7as defined by #ba ,u4,s4,c4 #hfc71 and results in a ,federal misdemeanor or civil penalty4 7vi7 #ah ,u4,s4,c4 #cfjg1 where the controlled substance was marijuana4 7vii7 ,any other ,federal misdemeanor1 petty offense1 infraction1 or civil penalty involving marijuana1 including marijuana-related drug paraphernalia1 in which the conduct constituting the offense did not involve the use1 attempted use1 or threatened use of physical force against the person or property of another4 7,b7 ,to be considered an expungable event for purposes of subsections 7b7 and 7c7-- 7i7 at least one year must have passed since the date of the arrest or since the last docket entry in the case 7except for technical or unrelated entries and other minor issues1 as determined by the court71 whichever is latest2 and 7ii7 the court must not have been informed by the ,attorney ,general of the ,united ,states1 the ,united ,states ,attorney for the relevant district1 the ,federal ,bureau of ,investigation1 or another ,federal criminal justice agency1 that the case is ongoing or the individual has evaded prosecution4 #c4 ,court review for expungement 7a7 ,procedures ,not later than #a year after the date of the enactment of this section1 the ,chief ,justice of the ,united ,states shall promulgate procedures or practices for the review1 expungement1 sealing1 sequester1 and redaction of official records pursuant to and consistent with this section1 and to facilitate the study of such records pursuant to subsection 7e74 ,in determining such procedures or practices1 the ,chief ,justice of the ,united ,states and his or her designees--which1 at the discretion of the ,chief ,justice1 may include the ,administrative ,office of the ,united ,states ,courts1 the ,federal ,judicial ,center1 and the ,judicial ,conference of the ,united ,states--may consult with relevant entities1 including the ,attorney ,general of the ,united ,states and his or her designees 7including ,federal ,bureau of ,prisons and any agency1 as defined by #ah ,u4,s4,c4 #f1 within the ,united ,states ,department of ,justice71 representatives of the ,united ,states ,sentencing ,commission1 representatives of the ,federal ,defenders ,organizations1 nonpartisan scholars and subject-matter experts1 and1 for purposes of subsection 7e71 the ,comptroller ,general of the ,united ,states and his or her designees4 7b7 ,review ,not later than #b years after the date of the enactment of this section1 each ,federal district shall conduct a comprehensive review and issue an order expunging1 sealing1 and sequestering-- 7#a7 each official record for an expungable event2 and 7#b7 other official record7s7 related to or referencing an expungable event1 unless such other official record is for or related to a felony or a misdemeanor unrelated to marijuana1 in which case the court shall redact from such other official record any reference to the expunged official record1 and seal or order the sequester of an unaltered nonpublic copy of such other official record4 7c7 ,notification of expungement 7#a7 ,government ,not later than #g days after issuing an expungement order1 to notify affected criminal justice agencies and to facilitate the timely update of relevant records1 the court shall send a copy of the final order to-- 7,a7 the ,attorney ,general of the ,united ,states1 the ,united ,states ,attorney for that district1 and the relevant criminal justice agency 7as defined by subsection 7a77#a77;,b77ii772 and 7,b7 the relevant criminal justice agency 7as defined by subsection 7a77#a77;,b77iii77 that serves the jurisdiction in which the expungable event occurred or1 if no such agency exists1 the chief law enforcement officer of the ,state in which the expungable event occurred4 7#b7 ,individuals 7,a7 ,pursuant to procedures or practices established under subsection 7b77#a7-- 7i7 notification about the expungement of official record7s7 and the effect of such expungement shall be provided to individuals whose arrest1 legal proceedings1 and any legal results or consequences1 as defined by subsection 7a77#b77;,a77i7-7iii71 have been expunged2 and_/or 7ii7 a reasonable process shall be available so that such individuals may inquire as to whether an arrest1 legal proceedings1 and any legal results or consequences have been expunged and1 if so1 the effect of such expungement4 7,b7 ,upon motion or written request of an individual whose arrest1 legal proceedings1 and any legal results or consequences1 as defined by subsection 7a77#b77;,a77i7-7iii71 have been expunged pursuant to this subsection1 the court shall send a copy of the final order to-- 7i7 the relevant criminal justice agency 7as defined by subsection 7a77#a77;,b77iii77 that serves the jurisdiction in which the individual resides or1 if no such agency exists1 the chief law enforcement officer of the ,state in which the individual resides2 and 7ii7 any local law enforcement agency that serves the jurisdiction in which the individual resides4 7#c7 ,no new records ,any notifications pursuant to paragraphs 7#a7 and 7#b7 shall not be or become publicly accessible records that identify the individual subject of the expungement order1 and such notifications shall not be used by criminal justice agencies except for purposes of complying with this section and court orders issued pursuant to it4 7d7 ,appeal ,the ,attorney ,general of the ,united ,states and the ,united ,states ,attorney for the district from which the expungement order was issued may appeal an order1 within #fj days of its issuance1 to the ,united ,states ,circuit ,court of ,appeals for that district4 #d4 ,petitioning court for expungement 7a7 ,petition ,at any point after the date of enactment of this section1 any individual with an official record for an expungable event may file a motion for expungement in the court for the ,federal district in which the arrest1 legal proceedings1 and any legal results or consequences1 as defined by subsection 7a77#b77;,a77i7-7iii71 was obtained4 ,a petition filed pro se shall be construed liberally so as to ensure substantial justice 7see1 e4g41 ,erickson v4 ,pardus1 #eea ,u4,s4 #hi1 #id 7#bjjg7 7per curiam774 7b7 ,service and response ,the clerk of the court shall serve that petition on the ,united ,states ,attorney for that district4 ,not later than #fj days after service of such petition1 the ,united ,states ,attorney may submit a response to the ,petitioner's motion4 7c7 ,representation and fees ,no fee shall be imposed for filing a petition in any proceeding provided for under this subsection4 ,if an indigent ,petitioner submits a facially viable claim for expungement that nonetheless requires the assistance of legal counsel for purposes of filing a superseding petition1 presenting evidence in support of the petition1 or responding to the ,government1 counsel shall be appointed to represent the individual in proceedings under this subsection4 7d7 ,evidence and standard of proof ,the ,petitioner and the ,government may file with the court relevant evidence relating to the petition4 ,notwithstanding any ,federal rule of evidence or procedure1 the court shall have discretion in admitting and evaluating the petition and any evidence submitted by a ,petitioner pro se 7cf4 ,haines v4 ,kerner1 #djd ,u4,s4 #eai1 #ebj 7#aigb774 ,the ,petitioner bears the initial burden to establish a prima facie case that the official record in question is for an expungable event1 at which point the burden shifts to the ,government to establish by a preponderance of the evidence that the official record is not for an expungable event or the requirements for expungement have not been met4 ,if the ,government fails to meet this burden1 or if the ,government fails to respond to the petition1 the court shall enter an appropriate expungement order unless it finds by a preponderance of the evidence that the interests of justice and of public safety weigh against expungement4 7e7 ,expungement order ,if required under this section1 the court shall order the expungement1 sealing1 sequester1 and redaction of official records of the arrest1 legal proceedings1 and any legal results or consequences1 as defined by subsection 7a77#b77;,a77i7-7iii74 ,the court may also order the expungement1 sealing1 sequester1 and redaction of another official record related to or referencing an expungable event1 unless such other official record is for or related to a felony or a misdemeanor unrelated to marijuana1 in which case the court shall redact from such other official record any reference to the expunged official record1 and seal or order the sequester of an unaltered nonpublic copy of such other official record4 7f7 ,notification of expungement 7#a7 ,not later than #g days after granting an expungement petition1 to facilitate the timely update of relevant records1 the court shall send a copy of the petition and final order to-- 7,a7 the ,attorney ,general of the ,united ,states1 the ,united ,states ,attorney for that district1 and the relevant criminal justice agency 7as defined by subsection 7a77#a77;,b77ii772 and 7,b7 the relevant criminal justice agency 7as defined by subsection 7a77#a77;,b77iii77 that serves the jurisdiction in which the expungable event occurred or1 if no such agency exists1 the chief law enforcement officer of the ,state in which the expungable event occurred4 7#b7 ,upon motion or written request of a ,petitioner whose expungement petition was granted1 the court shall send a copy of the petition and final order to-- 7,a7 the relevant criminal justice agency 7as defined by subsection 7a77#a77;,b77iii77 that serves the jurisdiction in which the ,petitioner resides or1 if no such agency exists1 the chief law enforcement officer of the ,state in which the ,petitioner resides1 when such criminal justice agency or chief law enforcement officer is different from those notified pursuant to subsection 7c77#f77;,a77ii772 and 7,b7 any local law enforcement agency that serves the jurisdiction in which the ,petitioner resides4 7#c7 ,notifications pursuant to this subsection shall not be or become publicly accessible records about the expungable event1 including information identifying the individual subject of the expungement order2 and such notifications shall not be used by criminal justice agencies except for purposes of complying with this section and court orders issued pursuant to it4 7g7 ,appeal ,the ,attorney ,general of the ,united ,states and the ,united ,states ,attorney for the district in which the expungement order was issued may appeal an order within #fj days of its issuance to the ,united ,states ,circuit ,court of ,appeals for that district4 ,within #fj days of the denial of his or her petition1 the ,petitioner may appeal that denial to the ,united ,states ,circuit ,court of ,appeals for that district4 #e4 ,effect of expungement 7a7 ,in general ,an order of expungement shall restore the affected individual1 in the contemplation of the law1 to the status he or she occupied before such arrest1 legal proceedings1 and any legal results or consequences1 as defined by subsection 7a77#b77;,a77i7-7iii71 for an expungable event4 7b7 ,self-,disclosure ,an affected individual may treat the expunged arrest1 legal proceedings1 and any legal results or consequences1 as defined by subsection 7a77#b77;,a77i7-7iii71 as if it never occurred and shall not be held thereafter under any provision of law to be guilty of perjury1 false swearing1 or making a false statement for failure to disclose1 recite1 or acknowledge such official record4 7c7 ,disqualification ,the fact that an individual has an official record1 including a conviction1 for an expungable event shall not operate as a disqualification of such individual to pursue or engage in any lawful activity1 occupation1 or profession4 7d7 ,limitations 7#a7 ,expungement under this section does not include an official record of conduct constituting a felony or a misdemeanor unrelated to marijuana1 and such official record may be accessed1 with any redactions1 pursuant to this section or by further order of the court issuing the expungement order4 7#b7 ,nothing in this section is intended to create a right to compensation1 restitution1 or any other monetary damages4 7e7 ,compliance 7#a7 ,this section and courts orders issued pursuant to it shall apply to-- 7,a7 criminal justice agencies in the ,federal ,government2 7,b7 other ,federal agencies in possession of expunged documents or related official documents2 7,c7 ,state criminal justice agencies subject to ,federal law1 due to the powers delegated to the ,federal ,government by the ,constitution of the ,united ,states1 due to voluntary agreement of the relevant ,state1 and_/or due to that ,state's acceptance of relevant ,federal funding-- 7i7 where such ,federal law may include in relevant part3 #bh ,,cfr #j4he7;j72 #bh ,,cfr part #bj 7,criminal ,justice ,information ,systems72 #bh ,,cfr part #bc 7,criminal ,intelligence ,systems ,operating ,policies72 #bh ,,cfr part #be7;,a7 7,the ,national ,instant ,criminal ,background ,check ,system72 #bh ,,cfr #ej4ab 7,exchange of ,,fbi identification records72 #e ,u4,s4,c4 #iaja2 #ah ,u4,s4,c4 #ibb2 #bh ,u4,s4,c4 #ecd2 #cd ,u4,s4,c4 chapter #aja 7,justice ,system ,improvement72 #cd ,u4,s4,c4 chapter #djc 7,criminal ,justice ,identification1 ,information1 and ,communication72 #cd ,u4,s4,c4 chapter #dji 7,national ,instant ,criminal ,background ,check ,system72 #cd ,u4,s4,c4 chapter #daa 7,access to ,criminal ,history and ,identification ,records72 #cd ,u4,s4,c4 #djajb2 #cd ,u4,s4,c4 #djgdc2 #cd ,u4,s4,c4 #abeib7;d72 and 7ii7 where such ,federal law and its application are consistent with relevant decisions of the ,supreme ,court of the ,united ,states1 including3 ,south ,dakota v4 ,dole1 #dhc ,u4,s4 #bjc 7#aihg72 ,new ,york v4 ,united ,states1 #eje ,u4,s4 #add 7#aiib72 ,printz v4 ,united ,states1 #eba ,u4,s4 #hih 7#aiig72 ,reno v4 ,condon1 #ebh ,u4,s4 #ada 7#bjjj72 ,national ,federation of ,independent ,business v4 ,sebelius1 #efg ,u4,s4 #eai 7#bjab72 and ,murphy v4 ,national ,collegiate ,athletic ,association1 #ach ,s4 ,ct4 #adfa 7#bjah72 and 7,d7 any consumer credit agency 7as defined by #ae ,u4,s4,c4 #afha;a7f77 subject to the ,fair ,credit ,reporting ,act1 #ae ,u4,s4,c4 #afha et seq4 7#b7 ,individuals1 agencies1 and other entities or organizations covered by subsection 7d77#d77;,a7-- 7,a7 shall comply with a court order issued pursuant to this section and1 to the extent possible1 conform their official records to be consistent with such order2 7,b7 shall respond to any inquiries as though the expunged records do not exist2 and 7,c7 shall not disseminate1 use internally1 or reveal the existence of expunged records for any purpose1 except as authorized under this section or by further order of the court issuing the expungement order4 #f4 ,access1 study1 and support 7a7 ,access ,any expungement of an individual's official record for an expungable event or any related sealing1 sequester1 and redaction of relevant records pertaining to that individual1 may be made available only-- 7#a7 to that individual or to such individual's designated agent2 7#b7 to the ,chief ,justice of the ,united ,states and his or her designees 7including for support under subsection 7e77#c77;,a772 7#c7 to the ,comptroller ,general of the ,united ,states and his or her designees 7including for support under subsection 7e77#c77;,b77 for purposes of conducting the study described in subsection 7e77#c72 7#d7 to a criminal justice agency 7as defined by subsection 7a77#a771 for the exclusive purpose of-- 7,a7 maintaining accurate official records2 and 7,b7 investigating or prosecuting an individual or for conducting a background check on an individual who has applied for employment by such criminal justice agency1 but only when the relevant official record is of conduct constituting a felony or a misdemeanor unrelated to marijuana and such record has appropriate redactions of any reference to official records expunged pursuant to this section2 and 7#e7 to the ,united ,states ,department of ,justice's ,office of ,justice ,programs 7and its units or subunits71 and to qualified academic researchers from relevant schools and centers at accredited nonprofit universities and colleges1 for purpose of research1 evaluative1 or statistical activities pursuant to an agreement with the ,chief ,justice of the ,united ,states and his or her designees 7including the ,administrative ,office of the ,united ,states ,courts7 that specifically authorizes access to the information1 limits the use of the information to research1 evaluative1 or statistical purposes1 and insures the confidentiality and security of the information consistent with this section and with ,federal law4 7b7 ,study ,the ,comptroller ,general of the ,united ,states1 in consultation with the ,united ,states ,secretary of ,health and ,human ,services1 shall conduct a study of arrests1 legal proceedings1 and any legal results or consequences1 as defined by subsection 7a77#b77;,a77i7-7iii71 for ,federal marijuana-related misdemeanors1 petty offenses1 infractions1 and civil penalties4 7#a7 ,demographics ,such study shall include information about the age1 race1 ethnicity1 sex1 and gender identity of those individuals with an official record for an expungable event1 as well as information about the type of community such individuals dwell in and such other demographic information as the ,comptroller ,general determines should be included4 7#b7 ,report ,not later than #b years after the date of the enactment of this section1 the ,comptroller ,general of the ,united ,states shall report to ,congress the results of the study conducted under this subsection4 ,in consultation with the ,chief ,justice of the ,supreme ,court1 the ,comptroller ,general of the ,united ,states shall also report to ,congress on the implementation of this section1 including issues relevant to future expungement efforts 7e4g41 expungement of ,federal marijuana-related felonies1 expungement of ,federal offenses for other controlled substances1 models for automatic record-clearing and for general expungement74 7c7 ,support ,in addition to ,federal funding and other resources afforded for staffing and implementation of this section-- 7#a7 at the discretion of the ,chief ,justice of the ,united ,states and his or her designees 7including the court for the district at issue7 and pursuant to rules and procedures established by the ,chief ,justice1 legal researchers and law students from eligible nonprofit law schools accredited by the ,american ,bar ,association1 as well as academic researchers and students from other relevant schools and centers at accredited nonprofit colleges and universities1 may be retained 7including on a pro bono basis7 to conduct research and provide other support for the implementation of this section2 and 7#b7 at the discretion of the ,comptroller ,general of the ,united ,states and his or her designees and pursuant to rules and procedures established by the ,comptroller ,general1 legal researchers and law students from eligible nonprofit law schools accredited by the ,american ,bar ,association1 as well as academic researchers and students from other relevant schools and centers at accredited nonprofit colleges and universities1 may be retained 7including on a pro bono basis7 to conduct research and provide other support for the study described in subsection 7e77#b74 #g4 ,pardon referral ,after issuing an order of expungement under subsection 7b7 or subsection 7c71 upon a finding of good cause1 the court may refer the case or petition to the ,president of the ,united ,states and his or her designees 7including the ,pardon ,attorney of the ,united ,states1 notwithstanding #bh ,,cfr part #a 7,executive ,clemency771 for review consistent with the authority granted to the ,president under article ,,ii1 section #b of the ,constitution of the ,united ,states4 #h4 ,inapplicability ,the ,administrative ,procedure ,act1 #e ,u4,s4,c4 #eea et seq41 and the ,federal ,advisory ,committee ,act1 #e ,u4,s4,c4 ,appendix1 shall not apply to this section and to orders or other actions taken pursuant to it4 #i4 ,interpretation and severability 7a7 ,nothing in this section should be construed to preempt or supersede the laws of any ,state with respect to its authority to define and enforce the criminal law of that ,state1 or with respect to any power reserved to the ,states respectively1 or to the people1 or to any citizen as a right1 under the ,constitution of the ,united ,states4 ,this section does not annul1 alter1 or affect1 or exempt any person subject to this section from complying with1 the laws of any ,state1 except to the extent that those laws are inconsistent with the provisions of this section1 and then only to the extent of the inconsistency4 ,this section shall not in any way abridge or alter the remedies now existing at common law or by statute1 but consistent with subsection 7d77#c77;,b71 the provisions of this section are in addition to such remedies4 7b7 ,if any provision of this section or the application thereof to any person or circumstance is held invalid1 the remainder of this section1 or the application of that provision to persons or circumstances other than those as to which it is held invalid1 is not affected thereby4 #aj4 ,effective date ,this ,act and the amendments made by this ,act shall take effect #ahj days after the date of enactment of this ,act4