I 
117TH CONGRESS 
2D SESSION 
H. R. 8557 
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 marijuana, to study the impact of 
expungements issued, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2022 
Mr. CARTER of Louisiana (for himself and Mr. RODNEY DAVIS of Illinois) in-
troduced the following bill; 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 marijuana, to study the impact of expungements 
issued, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Marijuana Mis-
demeanor Expungement Act’’. 
SEC. 2. DEFINITIONS. 
(a) DEFINITIONS.—As used in this section: 
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(1) CRIMINAL
JUSTICE
AGENCY.—The term 
‘‘criminal justice agency’’ means— 
(A) a Federal or State court; 
(B) a governmental agency or any subunit 
thereof that— 
(i) performs the administration of 
criminal justice pursuant to a statute or 
Executive order, and allocates a substan-
tial part of its annual budget to the admin-
istration of criminal justice; 
(ii) is designated by Congress, the 
President, the Attorney General of the 
United States, the Federal Bureau of In-
vestigation, or other appropriate Federal 
official, to perform centralized record-
keeping functions for official records, in-
cluding the collection, storage, mainte-
nance, updating, and dissemination of such 
records and responding to requests for in-
formation in or about such records; or 
(iii) is designated by the Governor or 
other appropriate executive official or the 
legislature of a State to perform central-
ized recordkeeping functions for official 
records, including the collection, storage, 
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maintenance, updating, and dissemination 
of such records and responding to requests 
for information in or about such records; 
and 
(C) a Federal or State inspector general in 
his or her review of other criminal justice agen-
cies. 
(2) OFFICIAL RECORD.— 
(A) The term ‘‘official record’’ means any 
documentation or other information on an indi-
vidual, in electronic or physical form, consisting 
of identifiable descriptions or notations by 
criminal justice agencies about that individual, 
regarding— 
(i) detection activities, investigations 
(including police questioning and searches 
and seizures), and arrests conducted by 
criminal justice agencies, as well as their 
decisions not to refer cases for legal pro-
ceedings; 
(ii) institution of legal proceedings by 
indictment, complaint, information, other 
formal criminal charge, summons or cita-
tion, and notice of civil penalty; and 
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(iii) legal results or consequences of 
clauses (i) and (ii), including court-ordered 
detention, pretrial and post-trial release, 
diversion, 
non-prosecution 
or 
deferred 
prosecution, deferred adjudication, pleas 
(e.g., not-guilty pleas, guilty pleas, and 
nolo contendere), nolle prosequi, com-
petence findings, dismissal, acquittal, con-
viction, mistrial, juvenile adjudication, sen-
tencing, correctional supervision, rehabili-
tation, probation, parole, release, and civil 
penalty. 
(B) The term does not include identifica-
tion information, such as fingerprint records, if 
such information does not indicate involvement 
of the individual with an ‘‘expungable event’’ as 
defined by subsection (a)(8). 
(3) EXPUNGE.—The term ‘‘expunge’’ means to 
remove an official record and any references to such 
record in another official record (including an offi-
cial index or list) or in other public records, except 
for publicly available court opinions and legal briefs. 
(4) SEAL.—The term ‘‘seal’’ means to store se-
curely any expunged records possessed by the court 
issuing the expungement order to prevent access to 
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such records except pursuant to subsection (e) or by 
further order of the court. 
(5) 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 order, and to store such records in a 
separate, secure area to prevent access to those 
records except pursuant to subsection (e) or by fur-
ther order of the court issuing the expungement 
order. 
(6) REDACT.—The term ‘‘redact’’ means to re-
move or obscure from an official record any ref-
erences to an expunged record, including, as nec-
essary and consistent with subsection (a)(2)(B), any 
identifying information. 
(7) 
MARIJUANA.—The 
term 
‘‘marijuana’’ 
means the substance defined as ‘‘marihuana’’ in 21 
U.S.C. 802(16) and also defined or referred to as 
‘‘marijuana’’ (e.g., 18 U.S.C. 1791(d)(1)(B), 21 
U.S.C. 863(d)) and ‘‘tetrahydrocannabinols’’ (e.g., 
21 U.S.C. 812(c)). 
(8) EXPUNGABLE EVENT.— 
(A) The term ‘‘expungable event’’ means 
an arrest, the initiation of legal proceedings, 
and any legal results or consequences, as de-
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fined by subsection (a)(2)(A)(i)–(iii), for vio-
lating, attempting to violate, or conspiring to 
violate the following, as well as sentencing (in-
cluding probation) and imposition of civil pen-
alty pursuant to the following: 
(i) 21 U.S.C. 841(b)(4). 
(ii) 21 U.S.C. 842(c)(2), where the 
controlled substance was marijuana. 
(iii) 21 U.S.C. 844(a), where the con-
trolled substance was marijuana. 
(iv) 21 U.S.C. 844a, where the con-
trolled substance was marijuana. 
(v) 18 U.S.C. 13, where the under-
lying act or omission involves marijuana, 
including marijuana-related drug para-
phernalia (as defined by 21 U.S.C. 863), 
and results in a Federal misdemeanor or 
civil penalty. 
(vi) 18 U.S.C. 3607, where the con-
trolled substance was marijuana. 
(vii) Any other Federal misdemeanor, 
petty offense, infraction, or civil penalty in-
volving marijuana, including marijuana-re-
lated drug paraphernalia, in which the con-
duct constituting the offense did not in-
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volve the use, attempted use, or threatened 
use of physical force against the person or 
property of another. 
(B) To be considered an expungable event 
for purposes of subsections (b) and (c)— 
(i) at least one year must have passed 
since the date of the arrest or since the 
last docket entry in the case (except for 
technical or unrelated entries and other 
minor issues, as determined by the court), 
whichever is latest; and 
(ii) the court must not have been in-
formed by the Attorney General of the 
United States, the United States Attorney 
for the relevant district, the Federal Bu-
reau of Investigation, or another Federal 
criminal justice agency, that the case is on-
going or the individual has evaded prosecu-
tion. 
SEC. 3. COURT REVIEW FOR EXPUNGEMENT. 
(a) PROCEDURES.—Not later than 1 year after the 
date of the enactment of this section, the Chief Justice 
of the United States shall promulgate procedures or prac-
tices for the review, expungement, sealing, sequester, and 
redaction of official records pursuant to and consistent 
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with this section, and to facilitate the study of such 
records pursuant to subsection (e). In determining such 
procedures or practices, the Chief Justice of the United 
States and his or her designees—which, at the discretion 
of the Chief Justice, may include the Administrative Office 
of the United States Courts, the Federal Judicial Center, 
and the Judicial Conference of the United States—may 
consult with relevant entities, including the Attorney Gen-
eral of the United States and his or her designees (includ-
ing Federal Bureau of Prisons and any agency, as defined 
by 18 U.S.C. 6, within the United States Department of 
Justice), representatives of the United States Sentencing 
Commission, representatives of the Federal Defenders Or-
ganizations, nonpartisan scholars and subject-matter ex-
perts, and, for purposes of subsection (e), the Comptroller 
General of the United States and his or her designees. 
(b) REVIEW.—Not later than 2 years after the date 
of the enactment of this section, each Federal district shall 
conduct a comprehensive review and issue an order 
expunging, sealing, and sequestering— 
(1) each official record for an expungable event; 
and 
(2) other official record(s) related to or ref-
erencing an expungable event, unless such other offi-
cial record is for or related to a felony or a mis-
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demeanor unrelated to marijuana, in which case the 
court shall redact from such other official record any 
reference to the expunged official record, and seal or 
order the sequester of an unaltered nonpublic copy 
of such other official record. 
(c) NOTIFICATION OF EXPUNGEMENT.— 
(1) GOVERNMENT.—Not later than 7 days after 
issuing an expungement order, to notify affected 
criminal justice agencies and to facilitate the timely 
update of relevant records, the court shall send a 
copy of the final order to— 
(A) the Attorney General of the United 
States, the United States Attorney for that dis-
trict, and the relevant criminal justice agency 
(as defined by subsection (a)(1)(B)(ii)); and 
(B) the relevant criminal justice agency (as 
defined by subsection (a)(1)(B)(iii)) that serves 
the jurisdiction in which the expungable event 
occurred or, if no such agency exists, the chief 
law enforcement officer of the State in which 
the expungable event occurred. 
(2) INDIVIDUALS.— 
(A) Pursuant to procedures or practices 
established under subsection (b)(1)— 
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(i) notification about the expungement 
of official record(s) and the effect of such 
expungement shall be provided to individ-
uals whose arrest, legal proceedings, and 
any legal results or consequences, as de-
fined by subsection (a)(2)(A)(i)–(iii), have 
been expunged; and/or 
(ii) a reasonable process shall be 
available so that such individuals may in-
quire as to whether an arrest, legal pro-
ceedings, and any legal results or con-
sequences have been expunged and, if so, 
the effect of such expungement. 
(B) Upon motion or written request of an 
individual whose arrest, legal proceedings, and 
any legal results or consequences, as defined by 
subsection (a)(2)(A)(i)–(iii), have been ex-
punged pursuant to this subsection, the court 
shall send a copy of the final order to— 
(i) the relevant criminal justice agency 
(as defined by subsection (a)(1)(B)(iii)) 
that serves the jurisdiction in which the in-
dividual resides or, if no such agency ex-
ists, the chief law enforcement officer of 
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the State in which the individual resides; 
and 
(ii) any local law enforcement agency 
that serves the jurisdiction in which the in-
dividual resides. 
(3) NO NEW RECORDS.—Any notifications pur-
suant to paragraphs (1) and (2) shall not be or be-
come publicly accessible records that identify the in-
dividual subject of the expungement order, 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 it. 
(d) 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 order, within 60 days of its issuance, to the United 
States Circuit Court of Appeals for that district. 
SEC. 4. PETITIONING COURT FOR EXPUNGEMENT. 
(a) PETITION.—At any point after the date of enact-
ment of this section, 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 arrest, legal proceedings, and any legal results or con-
sequences, as defined by subsection (a)(2)(A)(i)–(iii), was 
obtained. A petition filed pro se shall be construed liberally 
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so as to ensure substantial justice (see, e.g., Erickson v. 
Pardus, 551 U.S. 89, 94 (2007) (per curiam)). 
(b) SERVICE AND RESPONSE.—The clerk of the court 
shall serve that petition on the United States Attorney for 
that district. Not later than 60 days after service of such 
petition, the United States Attorney may submit a re-
sponse to the Petitioner’s motion. 
(c) REPRESENTATION AND FEES.—No fee shall be 
imposed for filing a petition in any proceeding provided 
for under this subsection. If an indigent Petitioner sub-
mits a facially viable claim for expungement that nonethe-
less requires the assistance of legal counsel for purposes 
of filing a superseding petition, presenting evidence in sup-
port of the petition, or responding to the Government, 
counsel shall be appointed to represent the individual in 
proceedings under this subsection. 
(d) EVIDENCE AND STANDARD OF PROOF.—The Pe-
titioner and the Government may file with the court rel-
evant evidence relating to the petition. Notwithstanding 
any Federal rule of evidence or procedure, the court shall 
have discretion in admitting and evaluating the petition 
and any evidence submitted by a Petitioner pro se (cf. 
Haines v. Kerner, 404 U.S. 519, 520 (1972)). The Peti-
tioner bears the initial burden to establish a prima facie 
case that the official record in question is for an 
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expungable event, at which point the burden shifts to the 
Government to establish by a preponderance of the evi-
dence that the official record is not for an expungable 
event or the requirements for expungement have not been 
met. If the Government fails to meet this burden, or if 
the Government fails to respond to the petition, 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 expungement. 
(e) EXPUNGEMENT ORDER.—If required under this 
section, the court shall order the expungement, sealing, 
sequester, and redaction of official records of the arrest, 
legal proceedings, and any legal results or consequences, 
as defined by subsection (a)(2)(A)(i)–(iii). The court may 
also order the expungement, sealing, sequester, and redac-
tion of another official record related to or referencing an 
expungable event, unless such other official record is for 
or related to a felony or a misdemeanor unrelated to mari-
juana, in which case the court shall redact from such other 
official record any reference to the expunged official 
record, and seal or order the sequester of an unaltered 
nonpublic copy of such other official record. 
(f) NOTIFICATION OF EXPUNGEMENT.— 
(1) Not later than 7 days after granting an 
expungement petition, to facilitate the timely update 
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of relevant records, the court shall send a copy of 
the petition and final order to— 
(A) the Attorney General of the United 
States, the United States Attorney for that dis-
trict, and the relevant criminal justice agency 
(as defined by subsection (a)(1)(B)(ii)); and 
(B) the relevant criminal justice agency (as 
defined by subsection (a)(1)(B)(iii)) that serves 
the jurisdiction in which the expungable event 
occurred or, if no such agency exists, the chief 
law enforcement officer of the State in which 
the expungable event occurred. 
(2) Upon motion or written request of a Peti-
tioner whose expungement petition was granted, the 
court shall send a copy of the petition and final 
order to— 
(A) the relevant criminal justice agency (as 
defined by subsection (a)(1)(B)(iii)) that serves 
the jurisdiction in which the Petitioner resides 
or, if no such agency exists, the chief law en-
forcement officer of the State in which the Peti-
tioner resides, when such criminal justice agen-
cy or chief law enforcement officer is different 
from those notified pursuant to subsection 
(c)(6)(A)(ii)); and 
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(B) any local law enforcement agency that 
serves the jurisdiction in which the Petitioner 
resides. 
(3) Notifications pursuant to this subsection 
shall not be or become publicly accessible records 
about the expungable event, including information 
identifying the individual subject of the expungement 
order; and such notifications shall not be used by 
criminal justice agencies except for purposes of com-
plying with this section and court orders issued pur-
suant to it. 
(g) 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 60 days of its issuance to the United States 
Circuit Court of Appeals for that district. Within 60 days 
of the denial of his or her petition, the Petitioner may 
appeal that denial to the United States Circuit Court of 
Appeals for that district. 
SEC. 5. EFFECT OF EXPUNGEMENT. 
(a) IN GENERAL.—An order of expungement shall re-
store the affected individual, in the contemplation of the 
law, to the status he or she occupied before such arrest, 
legal proceedings, and any legal results or consequences, 
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as defined by subsection (a)(2)(A)(i)–(iii), for an 
expungable event. 
(b) SELF-DISCLOSURE.—An affected individual may 
treat the expunged arrest, legal proceedings, and any legal 
results or consequences, as defined by subsection 
(a)(2)(A)(i)–(iii), as if it never occurred and shall not be 
held thereafter under any provision of law to be guilty of 
perjury, false swearing, or making a false statement for 
failure to disclose, recite, or acknowledge such official 
record. 
(c) DISQUALIFICATION.—The fact that an individual 
has an official record, including a conviction, for an 
expungable event shall not operate as a disqualification 
of such individual to pursue or engage in any lawful activ-
ity, occupation, or profession. 
(d) LIMITATIONS.— 
(1) Expungement under this section does not 
include an official record of conduct constituting a 
felony or a misdemeanor unrelated to marijuana, 
and such official record may be accessed, with any 
redactions, pursuant to this section or by further 
order of the court issuing the expungement order. 
(2) Nothing in this section is intended to create 
a right to compensation, restitution, or any other 
monetary damages. 
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(e) COMPLIANCE.— 
(1) This section and courts orders issued pursu-
ant to it shall apply to— 
(A) criminal justice agencies in the Federal 
Government; 
(B) other Federal agencies in possession of 
expunged documents or related official docu-
ments; 
(C) State criminal justice agencies subject 
to Federal law, due to the powers delegated to 
the Federal Government by the Constitution of 
the United States, due to voluntary agreement 
of the relevant State, and/or due to that State’s 
acceptance of relevant Federal funding— 
(i) where such Federal law may in-
clude in relevant part: 28 CFR 0.85(j); 28 
CFR part 20 (Criminal Justice Informa-
tion Systems); 28 CFR part 23 (Criminal 
Intelligence Systems Operating Policies); 
28 CFR part 25(A) (The National Instant 
Criminal Background Check System); 28 
CFR 50.12 (Exchange of FBI identifica-
tion records); 5 U.S.C. 9101; 18 U.S.C. 
922; 28 U.S.C. 534; 34 U.S.C. chapter 
101 (Justice System Improvement); 34 
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U.S.C. chapter 403 (Criminal Justice 
Identification, Information, and Commu-
nication); 34 U.S.C. chapter 409 (National 
Instant Criminal Background Check Sys-
tem); 34 U.S.C. chapter 411 (Access to 
Criminal 
History 
and 
Identification 
Records); 34 U.S.C. 40102; 34 U.S.C. 
40743; 34 U.S.C. 12592(d); and 
(ii) where such Federal law and its 
application are consistent with relevant de-
cisions of the Supreme Court of the United 
States, including: South Dakota v. Dole, 
483 U.S. 203 (1987); New York v. United 
States, 505 U.S. 144 (1992); Printz v. 
United States, 521 U.S. 898 (1997); Reno 
v. Condon, 528 U.S. 141 (2000); National 
Federation of Independent Business v. 
Sebelius, 567 U.S. 519 (2012); and Mur-
phy v. National Collegiate Athletic Associa-
tion, 138 S. Ct. 1461 (2018); and 
(D) any consumer credit agency (as de-
fined by 15 U.S.C. 1681a(f)) subject to the 
Fair Credit Reporting Act, 15 U.S.C. 1681 et 
seq. 
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(2) Individuals, agencies, and other entities or 
organizations covered by subsection (d)(4)(A)— 
(A) shall comply with a court order issued 
pursuant to this section and, to the extent pos-
sible, conform their official records to be con-
sistent with such order; 
(B) shall respond to any inquiries as 
though the expunged records do not exist; and 
(C) shall not disseminate, use internally, or 
reveal the existence of expunged records for any 
purpose, except as authorized under this section 
or by further order of the court issuing the 
expungement order. 
SEC. 6. ACCESS, STUDY, AND SUPPORT. 
(a) ACCESS.—Any expungement of an individual’s of-
ficial record for an expungable event or any related seal-
ing, sequester, and redaction of relevant records per-
taining to that individual, may be made available only— 
(1) to that individual or to such individual’s 
designated agent; 
(2) to the Chief Justice of the United States 
and his or her designees (including for support 
under subsection (e)(3)(A)); 
(3) to the Comptroller General of the United 
States and his or her designees (including for sup-
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port under subsection (e)(3)(B)) for purposes of 
conducting the study described in subsection (e)(3); 
(4) to a criminal justice agency (as defined by 
subsection (a)(1)), for the exclusive purpose of— 
(A) maintaining accurate official records; 
and 
(B) investigating or prosecuting an indi-
vidual or for conducting a background check on 
an individual who has applied for employment 
by such criminal justice agency, but only when 
the relevant official record is of conduct consti-
tuting a felony or a misdemeanor unrelated to 
marijuana and such record has appropriate 
redactions of any reference to official records 
expunged pursuant to this section; and 
(5) to the United States Department of Jus-
tice’s Office of Justice Programs (and its units or 
subunits), and to qualified academic researchers 
from relevant schools and centers at accredited non-
profit universities and colleges, for purpose of re-
search, evaluative, or statistical activities pursuant 
to an agreement with the Chief Justice of the 
United States and his or her designees (including 
the Administrative Office of the United States 
Courts) that specifically authorizes access to the in-
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formation, limits the use of the information to re-
search, evaluative, or statistical purposes, and in-
sures the confidentiality and security of the informa-
tion consistent with this section and with Federal 
law. 
(b) STUDY.—The Comptroller General of the United 
States, in consultation with the United States Secretary 
of Health and Human Services, shall conduct a study of 
arrests, legal proceedings, and any legal results or con-
sequences, as defined by subsection (a)(2)(A)(i)–(iii), for 
Federal marijuana-related misdemeanors, petty offenses, 
infractions, and civil penalties. 
(1) DEMOGRAPHICS.—Such study shall include 
information about the age, race, ethnicity, sex, and 
gender identity of those individuals with an official 
record for an expungable event, as well as informa-
tion about the type of community such individuals 
dwell in and such other demographic information as 
the Comptroller General determines should be in-
cluded. 
(2) REPORT.—Not later than 2 years after the 
date of the enactment of this section, the Comp-
troller General of the United States shall report to 
Congress the results of the study conducted under 
this subsection. In consultation with the Chief Jus-
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tice of the Supreme Court, the Comptroller General 
of the United States shall also report to Congress on 
the implementation of this section, including issues 
relevant to future 
expungement 
efforts 
(e.g., 
expungement of Federal marijuana-related felonies, 
expungement of Federal offenses for other controlled 
substances, models for automatic record-clearing and 
for general expungement). 
(c) SUPPORT.—In addition to Federal funding and 
other resources afforded for staffing and implementation 
of this section— 
(1) at the discretion of the Chief Justice of the 
United States and his or her designees (including 
the court for the district at issue) and pursuant to 
rules and procedures established by the Chief Jus-
tice, legal researchers and law students from eligible 
nonprofit law schools accredited by the American 
Bar Association, as well as academic researchers and 
students from other relevant schools and centers at 
accredited nonprofit colleges and universities, may 
be retained (including on a pro bono basis) to con-
duct research and provide other support for the im-
plementation of this section; and 
(2) at the discretion of the Comptroller General 
of the United States and his or her designees and 
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pursuant to rules and procedures established by the 
Comptroller General, legal researchers and law stu-
dents from eligible nonprofit law schools accredited 
by the American Bar Association, as well as aca-
demic researchers and students from other relevant 
schools and centers at accredited nonprofit colleges 
and universities, may be retained (including on a pro 
bono basis) to conduct research and provide other 
support for the study described in subsection (e)(2). 
SEC. 7. PARDON REFERRAL. 
After issuing an order of expungement under sub-
section (b) or subsection (c), upon a finding of good cause, 
the court may refer the case or petition to the President 
of the United States and his or her designees (including 
the Pardon Attorney of the United States, notwith-
standing 28 CFR part 1 (Executive Clemency)), for review 
consistent with the authority granted to the President 
under article II, section 2 of the Constitution of the 
United States. 
SEC. 8. INAPPLICABILITY. 
The Administrative Procedure Act, 5 U.S.C. 551 et 
seq., and the Federal Advisory Committee Act, 5 U.S.C. 
Appendix, shall not apply to this section and to orders or 
other actions taken pursuant to it. 
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