I 
116TH CONGRESS 
2D SESSION 
H. R. 8980 
To provide for the resentencing and expungement of nonviolent offenses 
for individuals adversely impacted by the War on Drugs, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 16, 2020 
Mr. HALL introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To provide for the resentencing and expungement of non-
violent offenses for individuals adversely impacted by the 
War on Drugs, 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 ‘‘Nonviolent Drug 
Crime Expungement Act of 2020’’. 
SEC. 2. RESENTENCING AND EXPUNGEMENT. 
(a) EXPUNGEMENT OF FEDERAL NONVIOLENT OF-
FENSE CONVICTIONS FOR INDIVIDUALS NOT UNDER A 
CRIMINAL JUSTICE SENTENCE.— 
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(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, each Federal 
district shall conduct a comprehensive review and 
issue an order expunging each conviction or adju-
dication of juvenile delinquency for a Federal non-
violent offense entered by each Federal court in the 
district before the date of enactment of this Act, for 
each individual adversely impacted by the War on 
Drugs. Each Federal court shall also issue an order 
expunging any arrests associated with each ex-
punged conviction or adjudication of juvenile delin-
quency. 
(2) NOTIFICATION.—To the extent practicable, 
each Federal district shall notify each individual 
whose arrest, conviction, or adjudication of delin-
quency has been expunged pursuant to this sub-
section that their arrest, conviction, or adjudication 
of juvenile delinquency has been expunged, and the 
effect of such expungement. 
(3) 
RIGHT
TO
PETITION
COURT
FOR 
EXPUNGEMENT.—At any point after the date of en-
actment of this Act, any individual adversely im-
pacted by the War on Drugs with a prior conviction 
or adjudication of juvenile delinquency for a Federal 
nonviolent offense, who is not under a criminal jus-
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tice sentence, may file a motion for expungement. If 
the expungement of such a conviction or adjudica-
tion of juvenile delinquency is required pursuant to 
this Act, the court shall expunge the conviction or 
adjudication, and any associated arrests. If the indi-
vidual is indigent, counsel shall be appointed to rep-
resent the individual in any proceedings under this 
subsection. 
(4) SEALED RECORD.—The court shall seal all 
records related to a conviction or adjudication of ju-
venile delinquency that has been expunged under 
this subsection. Such records may only be made 
available by further order of the court. 
(b) SENTENCING REVIEW FOR INDIVIDUALS UNDER 
A CRIMINAL JUSTICE SENTENCE.— 
(1) IN GENERAL.—For any individual adversely 
impacted by the War on Drugs who is under a 
criminal justice sentence for a Federal nonviolent of-
fense, the court that imposed the sentence shall, on 
motion of the individual, the Director of the Bureau 
of Prisons, the attorney for the Government, or the 
court, conduct a sentencing review hearing. If the in-
dividual is indigent, counsel shall be appointed to 
represent the individual in any sentencing review 
proceedings under this subsection. 
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(2) POTENTIAL
REDUCED
RESENTENCING.— 
After a sentencing hearing under paragraph (1), a 
court shall— 
(A) expunge each conviction or adjudica-
tion of juvenile delinquency for a Federal non-
violent offense entered by the court before the 
date of enactment of this Act, and any associ-
ated arrest; 
(B) vacate the existing sentence or disposi-
tion of juvenile delinquency and, if applicable, 
impose any remaining sentence or disposition of 
juvenile delinquency on the individual as if this 
Act, and the amendments made by this Act, 
were in effect at the time the offense was com-
mitted; and 
(C) order that all records related to a con-
viction or adjudication of juvenile delinquency 
that has been expunged or a sentence or dis-
position of juvenile delinquency that has been 
vacated under this Act be sealed and only be 
made available by further order of the court. 
(c) EFFECT OF EXPUNGEMENT.—An individual who 
has had an arrest, a conviction, or juvenile delinquency 
adjudication expunged under this section— 
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(1) may treat the arrest, conviction, or adju-
dication as if it never occurred; and 
(2) shall be immune from any civil or criminal 
penalties related to perjury, false swearing, or false 
statements, for a failure to disclose such arrest, con-
viction, or adjudication. 
(d) EXCEPTION.—An individual who at sentencing 
received an aggravating role adjustment pursuant to 
United States Sentencing Guideline 3B1.1(a) in relation 
to a Federal nonviolent offense conviction shall not be eli-
gible for expungement of that conviction under this sec-
tion. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘expunge’’ means, with respect to 
an arrest, a conviction, or a juvenile delinquency ad-
judication, the removal of the record of such arrest, 
conviction, or adjudication from each official index 
or public record. 
(2) The term ‘‘under a criminal justice sen-
tence’’ means, with respect to an individual, that the 
individual is serving a term of probation, parole, su-
pervised release, imprisonment, official detention, 
pre-release custody, or work release, pursuant to a 
sentence or disposition of juvenile delinquency. 
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(3) The term ‘‘individual adversely impacted by 
the War on Drugs’’ means an individual who has 
been arrested for or convicted of the sale, possession, 
use, manufacture, or cultivation of cannabis, co-
caine, or crack (except for a conviction involving dis-
tribution to a minor), or whose parent, sibling, 
spouse, or child has been arrested for or convicted 
of such an offense. 
(4) The term ‘‘nonviolent offense’’means an of-
fense that— 
(A) does not have as an element the use, 
attempted use, or threatened use of physical 
force against the person or property of another; 
or 
(B) is not a felony that by its nature in-
volves a substantial risk that physical force 
against the person or property of another may 
be used in the course of committing the offense. 
SEC. 
3. 
ELIGIBILITY 
FOR 
DEPARTMENT 
OF 
JUSTICE 
GRANTS. 
Beginning in the first fiscal year that begins after 
the date that is one year after the date of enactment of 
this Act, in order to be eligible for a grant made by the 
Department of Justice, a State shall have in place a resen-
tencing and expungement program that is substantially 
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