Sec. 6. Access, study, and support

654 words·~3 min read·/bill/118/hr/8917/ih/section-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any expungement of an individual’s official record for an expungable event or any related sealing, sequester, and redaction of relevant records pertaining to that individual, may be made available only— to that individual or to such individual’s designated agent; to the Chief Justice of the United States and his or her designees (including for support under subsection (e)(3)(A)); to the Comptroller General of the United States and his or her designees (including for support under subsection (e)(3)(B)) for purposes of conducting the study described in subsection (e)(3); to a criminal justice agency (as defined by subsection (a)(1)), for the exclusive purpose of— maintaining accurate official records; and investigating or prosecuting an individual or for conducting a background check on an individual who has applied for employment by such criminal justice agency, but only when the relevant official record is of conduct constituting a felony or a misdemeanor unrelated to marijuana and such record has appropriate redactions of any reference to official records expunged pursuant to this section; and to the United States Department of Justice’s Office of Justice Programs (and its units or subunits), and to qualified academic researchers from relevant schools and centers at accredited nonprofit universities and colleges, for purpose of research, evaluative, or statistical activities pursuant to an agreement with the Chief Justice of the United States and his or her designees (including the Administrative Office of the United States Courts) that specifically authorizes access to the information, limits the use of the information to research, evaluative, or statistical purposes, and insures the confidentiality and security of the information consistent with this section and with Federal law.

The Comptroller General of the United States, in consultation with the United States Secretary of Health and Human Services, shall conduct a study of arrests, legal proceedings, and any legal results or consequences, as defined by subsection (a)(2)(A)(i)–(iii), for Federal marijuana-related misdemeanors, petty offenses, infractions, and civil penalties. Such study shall include information about the age, race, ethnicity, sex, and gender identity of those individuals with an official record for an expungable event, as well as information about the type of community such individuals dwell in and such other demographic information as the Comptroller General determines should be included.

Not later than 2 years after the date of the enactment of this section, the Comptroller General of the United States shall report to Congress the results of the study conducted under this subsection. In consultation with the Chief Justice of the Supreme Court, the Comptroller General of the United States shall also report to Congress on the implementation of this section, including issues relevant to future expungement efforts (e.g., expungement of Federal marijuana-related felonies, expungement of Federal offenses for other controlled substances, models for automatic record-clearing and for general expungement).

In addition to Federal funding and other resources afforded for staffing and implementation of this section— at the discretion of the Chief Justice of the United States and his or her designees (including the court for the district at issue) and pursuant to rules and procedures established by the Chief Justice, legal researchers and law students from eligible nonprofit law schools accredited by the American Bar Association, as well as academic researchers and students from other relevant schools and centers at accredited nonprofit colleges and universities, may be retained (including on a pro bono basis) to conduct research and provide other support for the implementation of this section; and at the discretion of the Comptroller General of the United States and his or her designees and pursuant to rules and procedures established by the Comptroller General, legal researchers and law students from eligible nonprofit law schools accredited by the American Bar Association, as well as academic researchers and students from other relevant schools and centers at accredited nonprofit colleges and universities, may be retained (including on a pro bono basis) to conduct research and provide other support for the study described in subsection (e)(2).