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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3124 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 3124

   To permit the expungement of records of certain marijuana-related 
                               offenses.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 21, 2015

Mr. Blumenauer introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To permit the expungement of records of certain marijuana-related 
                               offenses.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Slate for Marijuana Offenses 
Act of 2015''.

SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN MARIJUANA-RELATED 
              OFFENSES.

    (a) In General.--Chapter 229 of title 18, United States Code, is 
amended by inserting after subchapter C the following new subchapter:

                      ``SUBCHAPTER D--EXPUNGEMENT

``Sec.
``3631. Expungement of certain criminal records in limited 
                            circumstances.
``3632. Requirements for expungement.
``3633. Procedure for expungement.
``3634. Effect of expungement.
``3635. Disclosure of expunged records.
``Sec. 3631. Expungement of certain criminal records in limited 
              circumstances
    ``(a) In General.--Any individual convicted of a qualifying 
marijuana-related offense who fulfills the requirements of section 3632 
may, upon petition for expungement made in accordance with this 
subchapter, obtain an order granting expungement under this subchapter.
    ``(b) Definition of Qualifying Marijuana-Related Offense.--In this 
subchapter, the term `qualifying marijuana-related offense' means an 
offense against the United States in which the conduct constituting the 
offense--
            ``(1) was legal under the State law at the time of the 
        offense; or
            ``(2) was the possession of marijuana in a quantity is not 
        greater than one ounce.
    ``(c) Definition of State.--In this subchapter, the term `State' 
includes the District of Columbia, Puerto Rico, and any other territory 
or possession of the United States.
``Sec. 3632. Requirements for expungement
    ``No individual shall be eligible for an order of expungement under 
this subchapter unless, before filing a petition under this subchapter, 
such individual fulfills all requirements of the sentence for the 
conviction for which expungement is sought, including completion of any 
term of imprisonment or period of probation, meeting all conditions of 
a supervised release, and paying all fines.
``Sec. 3633. Procedure for expungement
    ``(a) Petition.--An individual may file a petition for expungement 
of a conviction in the court in which the conviction was obtained. A 
copy of the petition shall be served by the court upon the United 
States Attorney for the judicial district of that court.
    ``(b) Opportunity for Government To Contest Petition.--Not later 
than 60 days after the date a copy of a petition is served on the 
Government under subsection (a), the Government may, if the Government 
determines the facts do not support the petition, inform the court and 
the petitioner that the Government opposes granting expungement. If the 
Government does so inform the court and the petitioner, the court shall 
allow the Government and the petitioner an opportunity to present 
evidence and argument relating to the petition.
    ``(c) Court-Ordered Expungement.--If, after the passage of the 60-
day period described in subsection (a) or earlier, if the Government 
informs the court it will not oppose granting expungement or if 
proceedings related to that opposition have been completed, the court 
determines the preponderance of the evidence before the court supports 
the granting of expungement under this subchapter, the court shall 
issue an order granting that expungement. If the court determines the 
petition is not supported by the preponderance of the evidence before 
the court, the court shall deny the petition.
``Sec. 3634. Effect of expungement
    ``(a) In General.--An order granting expungement under this 
subchapter restores the individual concerned, in the contemplation of 
the law, to the status that individual occupied before the arrest or 
the institution of criminal proceedings for the offense for which 
expungement is granted.
    ``(b) No Disqualification; Statements.--After an order under this 
subchapter granting expungement of an individual's criminal records, 
that individual is not required to divulge information pertaining to 
the expunged conviction. The fact that such individual has been 
convicted of the criminal offense concerned shall not operate as a 
disqualification of that individual to pursue or engage in any lawful 
activity, occupation, or profession. Such individual is not guilty of 
any perjury, false answering, or making a false statement by reason of 
that individual's failure to recite or acknowledge such arrest or 
institution of criminal proceedings, or results thereof, in response to 
an inquiry made of that individual for any purpose.
    ``(c) Records To Be Destroyed.--Except as provided in section 3635, 
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 the 
individual, and the results thereof, except publicly available court 
opinions or briefs on appeal, shall be permanently destroyed.
``Sec. 3635. Disclosure of expunged records
    ``(a) Index To Assist Authorized Disclosure.--The Department of 
Justice shall maintain a nonpublic manual or computerized record of 
expungements under this subchapter containing only the name of, and 
alphanumeric identifiers selected by the Department of Justice that 
relate to, the persons who obtained expungement under this subchapter, 
and the order of expungement.
    ``(b) Authorized Disclosure to Individual.--Information in the 
index shall be made available only to the individual to whose 
expungement it pertains or to such individual's designated agent.
    ``(c) Punishment for Improper Disclosure.--Whoever knowingly 
discloses information relating to an expunged conviction other than as 
authorized in this subchapter shall be fined under this title or 
imprisoned not more than one year, or both.''.
    (b) Clerical Amendment.--The table of subchapters at the beginning 
of chapter 229 of title 18, United States Code, is amended by adding at 
the end the following item:

``D.     Expungement........................................    3631''.
    (c) Effective Date.--The amendments made by this Act apply to 
individuals convicted of an offense before, on, or after the date of 
enactment of this Act.
                                 <all>
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