I 

118TH CONGRESS 

2D SESSION H. R. 10248 

To create a process for the expungement of pardoned Federal offenses. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 22, 2024 

Mr. ARMSTRONG (for himself, Mr. TRONE, Ms. LEE of Florida, Mr. MOORE

of Alabama, Mr. DUNCAN, and Mr. BACON) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To create a process for the expungement of pardoned Federal 

offenses. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Weldon Angelos Presi5 dential Pardon Expungements Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds as follows: 

8 (1) Weldon Angelos was sentenced to 55 years 

9 in Federal prison for nonviolent marijuana offenses, 

10 including possession of a firearm during a drug trafVerDate Sep 11 2014 01:30 Dec 06, 2024 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H10248.IH H10248

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1 ficking crime, at the age of 24, despite having no 

2 prior criminal record, and the sentence was widely 

3 criticized as excessive. 

4 (2) Mr. Angelos was granted clemency by Presi5 dent Barack Obama after serving 13 years in prison, 

6 and fully pardoned subsequently by President Don7 ald Trump, but he continues to face the lasting con8 sequences of his conviction in the form of employ9 ment opportunities due to his criminal record. 

10 (3) Many individuals who have been fully par11 doned face similar barriers to reentry into society, 

12 hindering their ability to fully participate in their 

13 communities and lead productive lives. 

14 (4) The expungement of criminal records can 

15 help pardoned individuals who have paid their debt 

16 to society and received a full pardon for their of17 fenses move forward and contribute to society in 

18 meaningful ways, as well as reduce the negative im19 pact of a criminal record on their families and com20 munities. 

21 (5) Federal legislation granting pardoned crimi22 nal offenders the right to have their records ex23 punged would provide a second chance for individ24 uals like Mr. Angelos and help to address the inequi25 ties and injustices within the criminal justice system. 


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1 (6) This legislation would promote rehabilita2 tion, reduce recidivism, and benefit society as a 

3 whole by removing unnecessary barriers to reentry 

4 and enabling individuals to fully reintegrate into 

5 their communities. 

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

8 (1) CRIMINAL JUSTICE AGENCY.—The term 

9 ‘‘criminal justice agency’’ means— 

10 (A) a Federal or State court; 

11 (B) a governmental agency or any subunit 

12 thereof that— 

13 (i) performs the administration of 

14 criminal justice pursuant to a statute or 

15 executive order, and allocates a substantial 

16 part of its annual budget to the adminis17 tration of criminal justice; 

18 (ii) is designated by Congress, the 

19 President, the Attorney General of the 

20 United States, the Federal Bureau of In21 vestigation, or other appropriate Federal 

22 official, to perform centralized record23 keeping functions for official records, in24 cluding the collection, storage, mainte25 nance, updating, and dissemination of such 


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1 records and responding to requests for in2 formation in or about such records; or 

3 (iii) is designated by the Governor or 

4 other appropriate executive official or the 

5 legislature of a State to perform central6 ized recordkeeping functions for official 

7 records, including the collection, storage, 

8 maintenance, updating, and dissemination 

9 of such records and responding to requests 

10 for information in or about such records; 

11 or 

12 (C) a Federal or State inspector general in 

13 their review of other criminal justice agencies. 

14 (2) OFFICIAL RECORD.—The term ‘‘official 

15 record’’ means— 

16 (A) any documentation or other informa17 tion on an individual, in electronic or physical 

18 form, consisting of identifiable descriptions or 

19 notations by criminal justice agencies about 

20 that individual, regarding— 

21 (i) investigations (including ques22 tioning and searches and seizures) or ar23 rests conducted by criminal justice agen24 cies, as well as decisions not to refer cases 

25 for prosecution or other legal proceedings; 


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1 (ii) institution of prosecution or other 

2 legal proceedings by indictment, complaint, 

3 information, other formal criminal charge, 

4 summons or citation, juvenile certification 

5 (pursuant to section 5032 of title 18, 

6 United States Code), or notice of civil pen7 alty; and 

8 (iii) results or consequences of clauses 

9 (i) and (ii), including court-ordered deten10 tion, pretrial and post-trial release, diver11 sion, non-prosecution or deferred prosecu12 tion, deferred adjudication, pleas (includ13 ing not-guilty pleas, guilty pleas, and nolo 

14 contendere), nolle prosequi, competence 

15 findings, dismissal, acquittal, conviction, 

16 mistrial, juvenile adjudication, sentencing, 

17 correctional supervision, rehabilitation, 

18 probation, parole, release, and imposition 

19 of a civil penalty; and 

20 (B) the term does not include identification 

21 information, such as fingerprint records, if such 

22 information does not indicate involvement of the 

23 individual with an ‘‘expungable event’’ as de24 fined by paragraph (7). 


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1 (3) EXPUNGE.—The term ‘‘expunge’’ means to 

2 remove an official record and any references to it in 

3 any other official record (including an official index 

4 or list), except for publicly available court opinions 

5 and legal briefs. 

6 (4) SEAL.—The term ‘‘seal’’ means to store se7 curely any expunged records possessed by the court 

8 issuing the expungement order to prevent access to 

9 such records except pursuant to section 7 or by fur10 ther order of the court. 

11 (5) SEQUESTER.—The term ‘‘sequester’’ means 

12 to retain an unaltered nonpublic copy of an ex13 punged official record and any other official record 

14 (including an official index or list) subject to an 

15 expungement order, and to store such records in a 

16 separate, secure area to prevent access to those 

17 records except pursuant to section 7 or by further 

18 order of the court issuing the expungement order. 

19 (6) REDACT.—The term ‘‘redact’’ means to re20 move or obscure from an official record any ref21 erences to an expunged record, including, as nec22 essary and consistent with paragraph (2)(B), any 

23 identifying information. 

24 (7) EXPUNGABLE EVENT.—The term 

25 ‘‘expungable event’’ means— 


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1 (A) an investigation, arrest, prosecution, 

2 initiation of other legal proceedings, and any re3 sults or consequences, as defined by paragraphs 

4 (2)(A)(i) through (iii), for violating, attempting 

5 to violate, or conspiring to violate the following, 

6 as well as sentencing (including probation), or 

7 imposition of civil penalty under Federal law, 

8 including but not limited to the United States 

9 Code or Uniform Code of Military Justice; and 

10 (B) to be considered an expungable event 

11 for the purposes of this Act— 

12 (i) the individual seeking 

13 expungement must have received, for the 

14 expungable event, a full, unconditional par15 don by the President of the United States, 

16 notwithstanding part 1 of title 28 of the 

17 Code of Federal Regulations; and 

18 (ii) does not include any Presidential 

19 act of clemency which is other or less than 

20 a full, unconditional pardon by the Presi21 dent of the United States in exercise of ar22 ticle II pardon power. 

23 (8) STATE.—The term ‘‘State’’ means any 

24 State of the United States, the District of Columbia, 


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1 Puerto Rico, and any other Territory, Federal en2 clave, or outlaying possession of the United States. 

3 (9) TRIBAL NATION.—The term ‘‘Tribal Na4 tion’’ has the same meaning as the term ‘‘Indian 

5 Tribe’’ as described in section 4(e) of the Indian 

6 Self-Determination and Education Assistance Act 

7 (25 U.S.C. 5304(e)). 

8 (10) INTELLIGENCE COMMUNITY.—The term 

9 ‘‘intelligence community’’ has the same meaning as 

10 in section 3(4) of the National Security Act of 1947 

11 (50 U.S.C. 3003(4)). 

12 (11) INTELLIGENCE.—The term ‘‘intelligence’’ 

13 has the same meaning as in section 3(1) of the Na14 tional Security Act of 1947 (50 U.S.C. 3003(1)). 

15 SEC. 4. COURT REVIEW FOR EXPUNGEMENT. 

16 (a) PROCEDURES.—No later than 1 year after the 

17 date of the enactment of this Act, the Director of the Ad18 ministrative Office of the United States Courts or their 

19 designee(s) (hereby referred to as ‘‘Director’’) shall pro20 mulgate procedures or practices for the review, 

21 expungement, sealing, sequester, and redaction of official 

22 records pursuant to and consistent with the provisions of 

23 this Act, and to facilitate the study of such records pursu24 ant to section 7 of this Act. In determining such proce25 dures or practices, the Director may consult with relevant 


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1 entities, including the Attorney General of the United 

2 States and any agency within the United States Depart3 ment of Justice (including the Federal Bureau of Inves4 tigation, the Drug Enforcement Agency, the Federal Bu5 reau of Prisons, and the Office of the Pardon Attorney), 

6 representatives of the United States Sentencing Commis7 sion, representatives of the Federal Defenders Organiza8 tions, scholars and subject-matter experts, and the Comp9 troller General of the United States. 

10 (b) REVIEW.—No later than 2 years after the date 

11 of the enactment of this Act, the chief judge for each Fed12 eral district court shall conduct a comprehensive review 

13 of its official records, pursuant to the procedures or prac14 tices promulgated by the Director under subsection (a), 

15 and the chief judge shall issue a court order expunging, 

16 sealing, and sequestering— 

17 (1) each official record for an expungable event; 

18 and 

19 (2) any other official record related to or ref20 erencing an expungable event, unless such other offi21 cial record is for a felony or for a misdemeanor un22 related to the pardoned offenses, in which case the 

23 court shall redact from such other official record any 

24 reference to the expunged official record, and seal or 


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1 order the sequester of an unaltered nonpublic copy 

2 of such other official record. 

3 (c) NOTIFICATION OF EXPUNGEMENT.—Not later 

4 than 7 days after issuing an expungement order, to notify 

5 affected criminal justice agencies and to facilitate the 

6 timely update of relevant records, the court shall send a 

7 copy of the final order to— 

8 (1) the Attorney General of the United States, 

9 the United States Attorney for that district in which 

10 the order was issued expunging the event, and the 

11 relevant criminal justice agency (as defined by para12 graph (1)(B)(iii) of section 3) that serves the juris13 diction in which order was issued expunging the 

14 event, or if no such agency exists, the chief law en15 forcement officer of the State or Tribal Nation in 

16 which the order was issued expunging the event; 

17 (2) the extent practicable, the individual subject 

18 to the issued order expunging the event shall be no19 tified about the expungement of an official record to 

20 such individual shall provide information about the 

21 effect of such expungement; and 

22 (3) upon motion or written request of an indi23 vidual whose official record has been expunged pur24 suant to this section, the court shall send a copy of 

25 the final order to— 


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1 (A) the relevant criminal justice agency (as 

2 defined by paragraph (1)(B)(iii) of section 3) 

3 that serves the jurisdiction in which the indi4 vidual resides or, if no such agency exists, the 

5 chief law enforcement officer of the State in 

6 which the individual resides, when such criminal 

7 justice agency or chief law enforcement officer 

8 is different from those notified pursuant to 

9 paragraph (1); and 

10 (B) any local law enforcement agency that 

11 serves the jurisdiction in which the individual 

12 resides. 

13 A notification pursuant to this subsection shall not be or 

14 become a publicly accessible record that identifies the indi15 vidual who is the subject of the expungement order, and 

16 such notifications shall not be used by criminal justice 

17 agencies except for purposes of complying with this Act 

18 and court orders issued pursuant to it. 

19 (d) MOTION FOR RECONSIDERATION.—Not later 

20 than 60 days after the issuance of order expunging an 

21 event, the Attorney General of the United States or the 

22 United States Attorney for the district in which the order 

23 expunging the event was issued may petition the court for 

24 reconsideration by timely filing a request in accordance 


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1 with the applicable Federal rules of procedure and, as best 

2 as practicable, providing notice to the affected individual. 

3 (1) GOVERNMENT BURDEN.—The Government 

4 shall bear the burden of proving by a preponderance 

5 of evidence that the event expunged was not an 

6 expungable event or that the interests of justice and 

7 of public safety weigh against expungement. 

8 (2) EVIDENCE ALLOWED AND FEDERAL RULES

9 APPLY.—The Government or an Intervener may sub10 mit to the court relevant evidence and proceedings 

11 shall be undertaken consistent with the applicable 

12 rules of Federal procedure. 

13 (3) INTERVENTION.—The individual subject to 

14 the order issued expunging the event may, as a mat15 ter of right, intervene in any such reconsideration. 

16 (e) APPEAL.—Not later than 60 days after the denial 

17 of a motion for reconsideration, the Attorney General of 

18 the United States and the United States Attorney for the 

19 district in which the order expunging the event was issued 

20 may appeal such final order or denial to the United States 

21 Circuit Court of Appeals for that district by timely filing 

22 a Notice of Appeal in accordance with the applicable Fed23 eral rules of procedure. The individual subject to the order 

24 issued expunging the event shall be the respondent in any 

25 such proceeding. 


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1 SEC. 5. PETITIONING COURT FOR EXPUNGEMENT. 

2 (a) PETITION.—Beginning on the date of enactment 

3 of this Act, any individual with respect to whom there is 

4 an official record for an expungable event may file a mo5 tion for expungement in the court for the Federal district 

6 in which the official record was entered. 

7 (b) SERVICE AND RESPONSE.—The clerk of the court 

8 shall serve that petition on the United States Attorney for 

9 that district. 

10 (c) REPRESENTATION AND FEES.—No fee shall be 

11 imposed for filing a petition in any proceeding provided 

12 for under this section. If an indigent petitioner submits 

13 a facially viable claim for expungement (in the discretion 

14 of the court) that nonetheless requires the assistance of 

15 legal counsel for purposes of filing a superseding petition, 

16 presenting evidence in support of the petition, or respond17 ing to the Government, counsel shall be appointed to rep18 resent the individual in proceedings under this section. 

19 (d) EVIDENCE, STANDARDS, AND ORDERS.— 

20 (1) FEDERAL RULES APPLY.—The Federal 

21 rules of procedure and evidence shall apply to these 

22 petitioning processes. 

23 (2) EVIDENCE ALLOWED.—The petitioner and 

24 the Government may submit to the court relevant 

25 evidence. 


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1 (3) PETITIONER’S INITIAL BURDEN.—The peti2 tioner bears the initial burden to establish a prima 

3 facie case that the official record in question is for 

4 an expungable event, at which point the burden 

5 shifts to the Government to establish by a prepon6 derance of the evidence that the official record is not 

7 for an expungable event or the requirements for 

8 expungement have not been met. 

9 (4) EXPUNGEMENT ORDERS.— 

10 (A) EXPUNGEMENT.—If the Government 

11 fails to respond to the petition or fails to meet 

12 its burden under subsection (d)(2) of this sec13 tion, the court shall enter an appropriate order 

14 for the expungement, sealing, sequester, and re15 daction of official records of the investigation, 

16 arrest, legal proceedings, and any legal results 

17 or consequences, as defined by paragraphs 

18 (2)(A)(i) through (iii) of section 3. 

19 (B) OTHER RECORDS AND LIMITATIONS.— 

20 In addition, the court shall order the 

21 expungement, sealing, sequester, and redaction 

22 of any other official record referencing the ex23 punged official record, unless such other official 

24 record is unrelated to the expungable event, in 

25 which case the court shall redact from such 


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1 other official record any reference to the ex2 punged official record, and seal or order the se3 quester of an unaltered nonpublic copy of such 

4 other official record. 

5 (e) NOTIFICATION OF EXPUNGEMENT.— 

6 (1) AUTOMATIC COPIES.—Not later than 7 days 

7 after granting an expungement petition, to facilitate 

8 the timely update of relevant records, the court shall 

9 send a copy of the petition and final order to— 

10 (A) the Attorney General of the United 

11 States, the United States Attorney for that dis12 trict, and the relevant criminal justice agency 

13 (as defined by paragraph (1)(B)(ii) of section 

14 3); and 

15 (B) the relevant criminal justice agency (as 

16 defined by paragraph (1)(B)(iii) of section 3) 

17 that serves the jurisdiction in which the 

18 expungable event occurred or was obtained, or19 dered, or imposed (as the case may be), or if 

20 no such agency exists, the chief law enforce21 ment officer of the State in which the 

22 expungable event occurred or was obtained, or23 dered, or imposed. 

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1 tion was granted, the court shall send a copy of the 

2 petition and final order to— 

3 (A) the relevant criminal justice agency (as 

4 defined by paragraph (1)(B)(iii) of section 3) 

5 that serves the jurisdiction in which the peti6 tioner resides or, if no such agency exists, the 

7 chief law enforcement officer of the State in 

8 which the petitioner resides, when such criminal 

9 justice agency or chief law enforcement officer 

10 is different from those notified pursuant to 

11 paragraph (1)(B); and 

12 (B) any local law enforcement agency that 

13 serves the jurisdiction in which the petitioner 

14 resides. 

15 (3) NOTIFICATIONS AND COPIES NOT TO BE AC16 CESSIBLE RECORDS.—Notifications pursuant to this 

17 subsection shall not be or become publicly accessible 

18 records about the expungable event, including infor19 mation identifying the individual who is the subject 

20 of the expungement order; and such notifications 

21 shall not be used by criminal justice agencies except 

22 for purposes of complying with this Act and court 

23 orders issued pursuant to it. 

24 (f) APPEAL.— 


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1 (1) GOVERNMENT.—Not later than 60 days 

2 after the issuance of an expungement order, the At3 torney General of the United States and the United 

4 States Attorney for that district may appeal such 

5 order to the United States Circuit Court of Appeals 

6 for that district by timely filing a Notice of Appeal 

7 in accordance with the applicable Federal rules of 

8 procedure. 

9 (2) PETITIONER.—Not later than 30 days after 

10 the denial of their petition, the petitioner may ap11 peal that denial to the United States Circuit Court 

12 of Appeals for that district by timely filing a Notice 

13 of Appeal in accordance with the applicable Federal 

14 rules of procedure. 

15 SEC. 6. EFFECT OF EXPUNGEMENT. 

16 (a) IN GENERAL.—An order of expungement, con17 sistent with this Act, shall restore the affected individual 

18 to the legal status they occupied before the investigation, 

19 arrest, legal proceedings, and any legal results or con20 sequences, as defined by paragraphs (2)(A)(i) through (iii) 

21 of section 3, for which they are the subject of an expunged 

22 official record, as if such record had never existed and un23 derlying activity had never occurred. 

24 (b) SELF-DISCLOSURE.—An individual who is the 

25 subject of an expungement order may treat the expunged 


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1 official record of an investigation, arrest, legal pro2 ceedings, and any legal results or consequences, as defined 

3 by paragraphs (2)(A)(i) through (iii) of section 3, as if 

4 it never occurred or never was obtained, ordered, or im5 posed (as the case may be); and to the maximum extent 

6 Federal law may demand it, that individual shall not be 

7 held thereafter under any provision of law to be guilty of 

8 perjury, false swearing, or making a false statement for 

9 failure to disclose, recite, or acknowledge such official 

10 record or the underlying activity with led to its original 

11 generation. 

12 (c) NO DISQUALIFICATION.—Notwithstanding any 

13 other law, any individual who has an expunged official 

14 record, including a conviction, shall not be disqualified 

15 under Federal law from pursuing or engage in any Federal 

16 employment, contracting, lawful activity, occupation, or 

17 profession. 

18 (d) LIMITATIONS.—Nothing in this Act is intended 

19 to create a right to compensation, restitution, or any mon20 etary damages in law or equity. 

21 (e) COMPLIANCE.— 

22 (1) APPLICABILITY.—This Act and courts or23 ders issued pursuant to it shall apply to— 

24 (A) Federal criminal justice agencies and 

25 commissions; 


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1 (B) all other Federal agencies and commis2 sions, including the Executive Office of the 

3 President, in possession of expunged documents 

4 or related official documents; 

5 (C) State and local criminal justice agen6 cies in possession of official records order pur7 suant to Federal law or participation in a Fed8 eral program that are subject to an 

9 expungement order, including but not limited to 

10 records kept under— 

11 (i) section 9101 of title 5, United 

12 States Code; 

13 (ii) section 922 of title 18, United 

14 States Code; 

15 (iii) section 103 of the Brady Hand16 gun Violence Prevention Act (National In17 stant Criminal Background Check System, 

18 18 U.S.C. 922 note); 

19 (iv) section 534 of title 28, United 

20 States Code; 

21 (v) the Omnibus Crime Control and 

22 Safe Streets Act of 1968 (34 U.S.C. 

23 10101 et seq. (Justice System Improve24 ment)); 


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1 (vi) section 210304 of the Violent 

2 Crime Control and Law Enforcement Act 

3 of 1994 (34 U.S.C. 12592); 

4 (vii) section 3 of the National Child 

5 Protection Act of 1993 (34 U.S.C. 40102); 

6 (viii) the Crime Identification Tech7 nology Act of 1998 (34 U.S.C. 40301 et 

8 seq.); 

9 (ix) the National Criminal History Ac10 cess and Child Protection Act (34 U.S.C. 

11 40311 et seq.); 

12 (x) section 4 of the Katie Sepich En13 hanced DNA Collection Act of 2012 (34 

14 U.S.C. 40743); 

15 (xi) the NICS Improvement Amend16 ments Act of 2007 (34 U.S.C. 40902 et 

17 seq.); 

18 (xii) sections 0.85(j) and 50.12 of title 

19 28, Code of Federal Regulations (or any 

20 successor regulations); and 

21 (xiii) parts 20, 23, 25(A), of title 28, 

22 Code of Federal Regulations (or any suc23 cessor regulations); and 

24 (D) any consumer credit agency (as de25 fined in section 603(f) of the Consumer Credit 


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1 Protection Act (15 U.S.C. 1681a(f))) subject to 

2 the Fair Credit Reporting Act (15 U.S.C. 1681 

3 et seq.). 

4 (2) COVERED ENTITIES.—An individual or enti5 ty covered by subsection (e)(1)— 

6 (A) shall comply with a court order issued 

7 pursuant to this section and, to the extent pos8 sible, conform their official records to be con9 sistent with such order; 

10 (B) shall respond to any inquiries as 

11 though any official record subject to an 

12 expungement order issued pursuant to this Act 

13 does not exist; or, in the case of another official 

14 record subject to an expungement order and 

15 consistent with paragraph (2)(B) of section 3, 

16 subsection (b)(2) of section 4, and subsection 

17 (d)(4)(B) of section 5, shall respond as though 

18 that other official record does not reference the 

19 expunged official record in accordance with the 

20 issued court order; and 

21 (C) shall not disseminate, use internally, or 

22 reveal the existence of expunged records for any 

23 purpose, except as authorized under this Act or 

24 by further order of the court issuing the 

25 expungement order. 


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1 (f) INTELLIGENCE EXCEPTION.—Notwithstanding 

2 this Act, an official record of an otherwise expungeable 

3 event held by the intelligence community may be main4 tained and used for intelligence purposes. 

5 SEC. 7. ACCESS, STUDY, AND SUPPORT. 

6 (a) ACCESS.—Any expungement of an individual’s of7 ficial record for an expungable event or any related seal8 ing, sequester, and redaction of relevant official records 

9 pertaining to that individual, may be made available 

10 only— 

11 (1) to that individual or to such individual’s 

12 designated agent; 

13 (2) to the Director (including for support under 

14 subsection (c)(1)); 

15 (3) to the Comptroller General of the United 

16 States (including for support under subsection 

17 (c)(2)) for purposes of conducting the study de18 scribed in subsection (b); 

19 (4) with regard to an official record for a felony 

20 or for a misdemeanor unrelated to an expungable 

21 event, and where such record has appropriate 

22 redactions of any reference to official records ex23 punged pursuant to this Act, to a criminal justice 

24 agency (as defined by paragraph (1) of section 3) or 

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1 graph (10) of section 3), for the exclusive purpose 

2 of— 

3 (A) maintaining accurate official records; 

4 (B) investigating or prosecuting an indi5 vidual; or 

6 (C) for conducting a background check on 

7 an individual who has applied for employment 

8 by such criminal justice agency or intelligence 

9 community member; 

10 (5) to the United States Department of Jus11 tice’s Office of Justice Programs (and its units or 

12 subunits); and 

13 (6) to qualified academic researchers from rel14 evant schools and centers at accredited non- profit 

15 universities and colleges, for purpose of research, 

16 evaluative, or statistical activities pursuant to an 

17 agreement with the Director that specifically author18 izes access to the information, limits the use of the 

19 information to research, evaluative, or statistical 

20 purposes, and ensures the confidentiality and secu21 rity of the information consistent with this Act and 

22 with Federal law, including but not limited to, the 

23 redaction of personally identifiable information. 

24 (b) STUDY.—The Comptroller General of the United 

25 States, in consultation with the United States Secretary 


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1 of Health and Human Services, shall conduct a study of 

2 investigation, arrests, legal proceedings, and any legal re3 sults or consequences, as defined by paragraphs (2)(A)(i) 

4 through (iii) of section 3, for Federal misdemeanors, petty 

5 offenses, infractions, and civil penalties. 

6 (1) DEMOGRAPHICS.—Such study shall include 

7 information about the age, race, ethnicity, sex, and 

8 gender identity of those individuals with an official 

9 record for an expungable event, as well as informa10 tion about the type of community such individuals 

11 dwell in and such other demographic information as 

12 the Comptroller General determines should be in13 cluded. 

14 (2) REPORT.—Not later than 2 years after the 

15 date of the enactment of this Act, the Comptroller 

16 General of the United States shall report to Con17 gress the results of the study conducted under this 

18 subsection. In consultation with the Director, the 

19 Comptroller General of the United States shall also 

20 report to Congress on the implementation of this 

21 Act, including issues relevant to future expungement 

22 efforts (e.g., expungement of Federal felonies, 

23 expungement of Federal offenses for other controlled 

24 substances, models for automatic record-clearing and 

25 for general expungement). 


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•HR 10248 IH

1 SEC. 8. INAPPLICABILITY. 

2 The Administrative Procedure Act (5 U.S.C. 551 et 

3 seq.) and the Federal Advisory Committee Act (5 U.S.C. 

4 app. 2 et seq.) shall not apply to this Act and to orders 

5 or other actions taken pursuant to it. 

6 SEC. 9. INTERPRETATION AND SEVERABILITY. 

7 (a) NO PREEMPTION.—Nothing in this Act should be 

8 construed to preempt or supersede the laws of any State 

9 with respect to its authority to define and enforce the 

10 criminal law of that State, or with respect to any power 

11 reserved to the States respectively, or to the people, or 

12 with respect to the rights guaranteed to each citizen, 

13 under the Constitution of the United States. This Act does 

14 not annul, alter, or affect, or exempt any person subject 

15 to this Act from complying with, the laws of any State, 

16 except to the extent that those laws are inconsistent with 

17 the provisions of this Act. This Act shall not in any way 

18 abridge or alter the remedies now existing at common law 

19 or by statute, but consistent with subsection (d)(2) of sec20 tion 6, the provisions of this Act are in addition to such 

21 remedies. 

22 (b) SEVERABILITY.—If any provision of this Act, an 

23 amendment made by this Act, or the application of such 

24 provision or amendment to any person or circumstance is 

25 held to be unconstitutional, the remainder of this Act, the 

26 amendments made by this Act, and the application of the 


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•HR 10248 IH

1 provisions of such to any person or circumstance shall not 

2 be affected thereby. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS