Sec. 4. Petitioning court for expungement

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At any point after the date of enactment of this section, any individual with an official record for an expungable event may file a motion for expungement in the court for the Federal district in which the arrest, legal proceedings, and any legal results or consequences, as defined by subsection (a)(2)(A)(i)–(iii), was obtained. A petition filed pro se shall be construed liberally so as to ensure substantial justice (see, e.g., Erickson v. Pardus, 551 U.S. 89, 94

(2007)(per curiam)). The clerk of the court shall serve that petition on the United States Attorney for that district. Not later than 60 days after service of such petition, the United States Attorney may submit a response to the Petitioner’s motion. No fee shall be imposed for filing a petition in any proceeding provided for under this subsection. If an indigent Petitioner submits a facially viable claim for expungement 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 subsection. The Petitioner and the Government may file with the court relevant evidence relating to the petition. Notwithstanding any Federal rule of evidence or procedure, the court shall have discretion in admitting and evaluating the petition and any evidence submitted by a Petitioner pro se (cf. Haines v. Kerner, 404 U.S. 519, 520 (1972)). 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 meet this burden, or if the Government fails to respond to the petition, the court shall enter an appropriate expungement order unless it finds by a preponderance of the evidence that the interests of justice and of public safety weigh against expungement. If required under this section, the court shall order the expungement, sealing, sequester, and redaction of official records of the arrest, legal proceedings, and any legal results or consequences, as defined by subsection (a)(2)(A)(i)–(iii). The court may also order the expungement, sealing, sequester, and redaction of another official record 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 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 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. 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 subsection (a)(1)(B)(iii)) 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 subsection (c)(6)(A)(ii)); 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 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 in 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. Within 60 days of the denial of his or her petition, the Petitioner may appeal that denial to the United States Circuit Court of Appeals for that district.

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551 U.S. 89
404 U.S. 519

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Sec. 4

Petitioning court for expungement

SCOTUS551 U.S. 89

SCOTUS404 U.S. 519

Cites 2Cited by 0 across 0 sources