Clean Slate for Marijuana Offenses Act of 2015

Bill: 114-hr-3124
Sponsor: full_name: Rep. Blumenauer, Earl [D-OR-3]
Introduced: 2015-07-21
Policy area: Crime and Law Enforcement
Subjects: Civil actions and liability

Criminal justice information and records

Criminal procedure and sentencing

Drug trafficking and controlled substances
Latest action: action_date: 2015-09-08
text: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Summaries:
action_date: 2015-07-21
action_desc: Introduced in House
text: <p><strong>Clean Slate for Marijuana Offenses Act of 2015</strong></p> <p>Amends the federal criminal code to allow an individual convicted of a qualifying marijuana-related offense, upon filing a petition for expungement and fulfilling all requirements of the sentence for such conviction, to obtain an order granting expungement of such conviction.</p> <p>Defines a "qualifying marijuana-related offense" as 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 not more than one ounce of marijuana.</p> <p> Gives the government 60 days to contest such a petition, in which case the court shall allow the government and the petitioner an opportunity to present evidence and argument relating to the petition. Directs the court to approve or deny the petition based on its determination that the petition either is supported by, or is not supported by, a preponderance of the evidence. </p> <p>Declares that: (1) an order granting expungement restores the individual concerned to the status that individual occupied before the arrest or the institution of criminal proceedings for the offense for which expungement is granted; (2) the individual is not required to divulge information pertaining to an expunged conviction and such conviction shall not disqualify that individual from pursuing or engaging in any lawful activity, occupation, or profession; (3) such individual is not guilty of making a false statement by reason of that individual's failure to recite or acknowledge arrest or conviction of such offense; and (4) records pertaining to an expunged conviction shall be destroyed.</p> <p>Directs the Department of Justice (DOJ) to maintain a nonpublic record of such expungement orders and the names of and alphanumeric identifiers selected by DOJ for persons who obtain expungement, which record shall be made available only to the individual to whom the expungement pertains. Establishes penalties for the unauthorized disclosure of information relating to an expunged conviction. </p>

tv_txt: I 114th CONGRESS 1st Session H. R. 3124 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.

1. Short title This Act may be cited as the Clean Slate for Marijuana Offenses Act of 2015 . 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: 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. 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. 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. 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. 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. 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.