Sec. 3. Court review for expungement
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Not later than 1 year after the date of the enactment of this section, the Chief Justice of the United States shall promulgate procedures or practices for the review, expungement, sealing, sequester, and redaction of official records pursuant to and consistent with this section, and to facilitate the study of such records pursuant to subsection (e). In determining such procedures or practices, the Chief Justice of the United States and his or her designees—which, at the discretion of the Chief Justice, may include the Administrative Office of the United States Courts, the Federal Judicial Center, and the Judicial Conference of the United States—may consult with relevant entities, including the Attorney General of the United States and his or her designees (including Federal Bureau of Prisons and any agency, as defined by 18 U.S.C. 6 , within the United States Department of Justice), representatives of the United States Sentencing Commission, representatives of the Federal Defenders Organizations, nonpartisan scholars and subject-matter experts, and, for purposes of subsection (e), the Comptroller General of the United States and his or her designees.
Not later than 2 years after the date of the enactment of this section, each Federal district shall conduct a comprehensive review and issue an order expunging, sealing, and sequestering— each official record for an expungable event; and other official record(s) related to or referencing an expungable event, unless such other official record is for or related to a felony or a misdemeanor unrelated to marijuana, 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 issuing an expungement order, to notify affected criminal justice agencies and to facilitate the timely update of relevant records, the court shall send a copy of the 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 subsection (a)(1)(B)(ii)); and the relevant criminal justice agency (as defined by subsection (a)(1)(B)(iii)) that serves the jurisdiction in which the expungable event occurred or, if no such agency exists, the chief law enforcement officer of the State in which the expungable event occurred.
Pursuant to procedures or practices established under subsection (b)(1)— notification about the expungement of official record(s) and the effect of such expungement shall be provided to individuals whose arrest, legal proceedings, and any legal results or consequences, as defined by subsection (a)(2)(A)(i)–(iii), have been expunged; and/or a reasonable process shall be available so that such individuals may inquire as to whether an arrest, legal proceedings, and any legal results or consequences have been expunged and, if so, the effect of such expungement.
Upon motion or written request of an individual whose arrest, legal proceedings, and any legal results or consequences, as defined by subsection (a)(2)(A)(i)–(iii), have been expunged pursuant to this subsection, the court shall send a copy of the final order to— the relevant criminal justice agency (as defined by subsection (a)(1)(B)(iii)) that serves the jurisdiction in which the individual resides or, if no such agency exists, the chief law enforcement officer of the State in which the individual resides; and any local law enforcement agency that serves the jurisdiction in which the individual resides.
Any notifications pursuant to paragraphs
(1)and
(2)shall not be or become publicly accessible records that identify the individual subject of the expungement order, and such notifications shall not be used by criminal justice agencies except for purposes of complying with this section and court orders issued pursuant to it. The Attorney General of the United States and the United States Attorney for the district from which the expungement order was issued may appeal an order, within 60 days of its issuance, to the United States Circuit Court of Appeals for that district.
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Sec. 3
Court review for expungement
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