Sec. 7. Expungement and sealing of records
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/bill/117/hr/4020/ih/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than one year after the date of the enactment of this Act, each Federal district court shall conduct a comprehensive review to identify individuals eligible to have a record of conviction or adjudication of juvenile delinquency that may be sealed pursuant to this Act and shall issue an order expunging each conviction or adjudication for a Federal offense entered by each Federal court in the district for a conviction of possession of a controlled substance in an amount equal to or less than the benchmark amount established under this Act.
The Federal court shall issue an order expunging any arrest by a Federal law enforcement agency with respect to an expunged conviction or adjudication of juvenile delinquency under subsection (a). An individual who has had an arrest, conviction, or adjudication of juvenile delinquency expunged under this section— may treat the arrest, conviction, or adjudication as if it never occurred; and shall be immune from any civil or criminal penalties related to perjury, false swearing, or false statements, for a failure to disclose such arrest, conviction, or adjudication.
To the extent practicable, each Federal district court shall notify each individual whose arrest, conviction, or adjudication of juvenile delinquency has been expunged under this section and the effect of such expungement. After the date of the enactment of this Act, an individual with a conviction or adjudication of juvenile delinquency for an eligible offense not sealed pursuant to subsection
(a)may file a motion for expungement. If the expungement of such a conviction or adjudication of juvenile delinquency is required pursuant to this Act, the court shall expunge the conviction or adjudication, and any associated arrests. If the individual is indigent, counsel shall be appointed to represent the individual in any proceedings under this subsection. No fee shall be imposed for filing a petition or any proceeding provided for under this section. In this subsection, the term expunge means, with respect to an arrest, a conviction, or adjudication of juvenile delinquency, the removal of the record of such arrest, conviction, or adjudication from each official index and public record.