Sec. 5. Petitioning court for expungement
726 words·~3 min read·
/bill/118/hr/10248/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Beginning on the date of enactment of this Act, any individual with respect to whom there is an official record for an expungable event may file a motion for expungement in the court for the Federal district in which the official record was entered. The clerk of the court shall serve that petition on the United States Attorney for that district. No fee shall be imposed for filing a petition in any proceeding provided for under this section. If an indigent petitioner submits a facially viable claim for expungement (in the discretion of the court) that nonetheless requires the assistance of legal counsel for purposes of filing a superseding petition, presenting evidence in support of the petition, or responding to the Government, counsel shall be appointed to represent the individual in proceedings under this section.
The Federal rules of procedure and evidence shall apply to these petitioning processes. The petitioner and the Government may submit to the court relevant evidence. The petitioner bears the initial burden to establish a prima facie case that the official record in question is for an expungable event, at which point the burden shifts to the Government to establish by a preponderance of the evidence that the official record is not for an expungable event or the requirements for expungement have not been met.
If the Government fails to respond to the petition or fails to meet its burden under subsection (d)(2) of this section, the court shall enter an appropriate order for the expungement, sealing, sequester, and redaction of official records of the investigation, arrest, legal proceedings, and any legal results or consequences, as defined by paragraphs (2)(A)(i) through
(iii)of section 3. In addition, the court shall order the expungement, sealing, sequester, and redaction of any other official record referencing the expunged official record, unless such other official record is unrelated to the expungable event, 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. Not later than 7 days after granting an expungement petition, to facilitate the timely update of relevant records, the court shall send a copy of the petition and final order to— the Attorney General of the United States, the United States Attorney for that district, and the relevant criminal justice agency (as defined by paragraph (1)(B)(ii) of section 3); and the relevant criminal justice agency (as defined by paragraph (1)(B)(iii) of section 3) that serves the jurisdiction in which the expungable event occurred or was obtained, ordered, or imposed (as the case may be), or if no such agency exists, the chief law enforcement officer of the State in which the expungable event occurred or was obtained, ordered, or imposed. Upon motion or written request of a petitioner whose expungement petition was granted, the court shall send a copy of the petition and final order to— the relevant criminal justice agency (as defined by paragraph (1)(B)(iii) of section 3) that serves the jurisdiction in which the petitioner resides or, if no such agency exists, the chief law enforcement officer of the State in which the petitioner resides, when such criminal justice agency or chief law enforcement officer is different from those notified pursuant to paragraph (1)(B); and any local law enforcement agency that serves the jurisdiction in which the petitioner resides. Notifications pursuant to this subsection shall not be or become publicly accessible records about the expungable event, including information identifying the individual who is the subject of the expungement order; and such notifications shall not be used by criminal justice agencies except for purposes of complying with this Act and court orders issued pursuant to it. Not later than 60 days after the issuance of an expungement order, the Attorney General of the United States and the United States Attorney for that district may appeal such order to the United States Circuit Court of Appeals for that district by timely filing a Notice of Appeal in accordance with the applicable Federal rules of procedure. Not later than 30 days after the denial of their petition, the petitioner may appeal that denial to the United States Circuit Court of Appeals for that district by timely filing a Notice of Appeal in accordance with the applicable Federal rules of procedure.