Sec. 301. Expungement of criminal records for certain marijuana-related offenses
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This section may be cited as the . Clean Slate for Marijuana Offenses Act of 2019 Chapter 229 of title 18, United States Code, is amended by inserting after subchapter C the following: 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. 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.
In this subchapter, the term qualifying marijuana-related offense means an offense against the United States in which the conduct constituting the offense— was legal under the State law or the law of the Indian tribe at the time of the offense; or was the possession of marijuana in a quantity not greater than 1 ounce. In this subchapter— the term Indian country has the meaning given the term in section 1151; the term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ); and the term State includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.
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. 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. 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.
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. 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. 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. 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. The Department of Justice shall maintain a nonpublic manual or computerized record of expungement 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. Information in the index shall be made available only to the individual to whose expungement it pertains or to such individual’s designated agent. 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. . 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 . The amendments made by this section apply to individuals convicted of an offense before, on, or after the date of enactment of this Act.
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Sec. 301
Expungement of criminal records for certain marijuana-related offenses
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