HR10248-118

1. Short title This Act may be cited as the Weldon Angelos Presidential Pardon Expungements Act.

2. Findings Congress finds as follows: Weldon Angelos was sentenced to 55 years in Federal prison for nonviolent marijuana offenses, including possession of a firearm during a drug trafficking crime, at the age of 24, despite having no prior criminal record, and the sentence was widely criticized as excessive. Mr. Angelos was granted clemency by President Barack Obama after serving 13 years in prison, and fully pardoned subsequently by President Donald Trump, but he continues to face the lasting consequences of his conviction in the form of employment opportunities due to his criminal record. Many individuals who have been fully pardoned face similar barriers to reentry into society, hindering their ability to fully participate in their communities and lead productive lives. The expungement of criminal records can help pardoned individuals who have paid their debt to society and received a full pardon for their offenses move forward and contribute to society in meaningful ways, as well as reduce the negative impact of a criminal record on their families and communities. Federal legislation granting pardoned criminal offenders the right to have their records expunged would provide a second chance for individuals like Mr. Angelos and help to address the inequities and injustices within the criminal justice system. This legislation would promote rehabilitation, reduce recidivism, and benefit society as a whole by removing unnecessary barriers to reentry and enabling individuals to fully reintegrate into their communities.

3. Definitions In this Act: The term criminal justice agency means— a Federal or State court; a governmental agency or any subunit thereof that— performs the administration of criminal justice pursuant to a statute or executive order, and allocates a substantial part of its annual budget to the administration of criminal justice; is designated by Congress, the President, the Attorney General of the United States, the Federal Bureau of Investigation, or other appropriate Federal official, to perform centralized recordkeeping functions for official records, including the collection, storage, maintenance, updating, and dissemination of such records and responding to requests for information in or about such records; or is designated by the Governor or other appropriate executive official or the legislature of a State to perform centralized recordkeeping functions for official records, including the collection, storage, maintenance, updating, and dissemination of such records and responding to requests for information in or about such records; or a Federal or State inspector general in their review of other criminal justice agencies. The term official record means— any documentation or other information on an individual, in electronic or physical form, consisting of identifiable descriptions or notations by criminal justice agencies about that individual, regarding— investigations (including questioning and searches and seizures) or arrests conducted by criminal justice agencies, as well as decisions not to refer cases for prosecution or other legal proceedings; institution of prosecution or other legal proceedings by indictment, complaint, information, other formal criminal charge, summons or citation, juvenile certification (pursuant to section 5032 of title 18, United States Code), or notice of civil penalty; and results or consequences of clauses (i) and (ii), including court-ordered detention, pretrial and post-trial release, diversion, non-prosecution or deferred prosecution, deferred adjudication, pleas (including not-guilty pleas, guilty pleas, and nolo contendere), nolle prosequi, competence findings, dismissal, acquittal, conviction, mistrial, juvenile adjudication, sentencing, correctional supervision, rehabilitation, probation, parole, release, and imposition of a civil penalty; and the term does not include identification information, such as fingerprint records, if such information does not indicate involvement of the individual with an expungable event as defined by paragraph (7). The term expunge means to remove an official record and any references to it in any other official record (including an official index or list), except for publicly available court opinions and legal briefs. The term seal means to store securely any expunged records possessed by the court issuing the expungement order to prevent access to such records except pursuant to section 7 or by further order of the court. The term sequester means to retain an unaltered nonpublic copy of an expunged official record and any other official record (including an official index or list) subject to an expungement order, and to store such records in a separate, secure area to prevent access to those records except pursuant to section 7 or by further order of the court issuing the expungement order. The term redact means to remove or obscure from an official record any references to an expunged record, including, as necessary and consistent with paragraph (2)(B), any identifying information. The term expungable event means— an investigation, arrest, prosecution, initiation of other legal proceedings, and any results or consequences, as defined by paragraphs (2)(A)(i) through (iii), for violating, attempting to violate, or conspiring to violate the following, as well as sentencing (including probation), or imposition of civil penalty under Federal law, including but not limited to the United States Code or Uniform Code of Military Justice; and to be considered an expungable event for the purposes of this Act— the individual seeking expungement must have received, for the expungable event, a full, unconditional pardon by the President of the United States, notwithstanding part 1 of title 28 of the Code of Federal Regulations; and does not include any Presidential act of clemency which is other or less than a full, unconditional pardon by the President of the United States in exercise of article II pardon power. The term State means any State of the United States, the District of Columbia, Puerto Rico, and any other Territory, Federal enclave, or outlaying possession of the United States. The term Tribal Nation has the same meaning as the term Indian Tribe as described in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)). The term intelligence community has the same meaning as in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). The term intelligence has the same meaning as in section 3(1) of the National Security Act of 1947 (50 U.S.C. 3003(1)).

4. Court review for expungement No later than 1 year after the date of the enactment of this Act, the Director of the Administrative Office of the United States Courts or their designee(s) (hereby referred to as Director) shall promulgate procedures or practices for the review, expungement, sealing, sequester, and redaction of official records pursuant to and consistent with the provisions of this Act, and to facilitate the study of such records pursuant to section 7 of this Act. In determining such procedures or practices, the Director may consult with relevant entities, including the Attorney General of the United States and any agency within the United States Department of Justice (including the Federal Bureau of Investigation, the Drug Enforcement Agency, the Federal Bureau of Prisons, and the Office of the Pardon Attorney), representatives of the United States Sentencing Commission, representatives of the Federal Defenders Organizations, scholars and subject-matter experts, and the Comptroller General of the United States. No later than 2 years after the date of the enactment of this Act, the chief judge for each Federal district court shall conduct a comprehensive review of its official records, pursuant to the procedures or practices promulgated by the Director under subsection (a), and the chief judge shall issue a court order expunging, sealing, and sequestering— each official record for an expungable event; and any other official record related to or referencing an expungable event, unless such other official record is for a felony or for a misdemeanor unrelated to the pardoned offenses, 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 in which the order was issued expunging the event, and the relevant criminal justice agency (as defined by paragraph (1)(B)(iii) of section 3) that serves the jurisdiction in which order was issued expunging the event, or if no such agency exists, the chief law enforcement officer of the State or Tribal Nation in which the order was issued expunging the event; the extent practicable, the individual subject to the issued order expunging the event shall be notified about the expungement of an official record to such individual shall provide information about the effect of such expungement; and upon motion or written request of an individual whose official record has been expunged pursuant to this section, the court shall send a copy of the 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 individual resides or, if no such agency exists, the chief law enforcement officer of the State in which the individual resides, when such criminal justice agency or chief law enforcement officer is different from those notified pursuant to paragraph (1); and any local law enforcement agency that serves the jurisdiction in which the individual resides. Not later than 60 days after the issuance of order expunging an event, the Attorney General of the United States or the United States Attorney for the district in which the order expunging the event was issued may petition the court for reconsideration by timely filing a request in accordance with the applicable Federal rules of procedure and, as best as practicable, providing notice to the affected individual. The Government shall bear the burden of proving by a preponderance of evidence that the event expunged was not an expungable event or that the interests of justice and of public safety weigh against expungement. The Government or an Intervener may submit to the court relevant evidence and proceedings shall be undertaken consistent with the applicable rules of Federal procedure. The individual subject to the order issued expunging the event may, as a matter of right, intervene in any such reconsideration. Not later than 60 days after the denial of a motion for reconsideration, the Attorney General of the United States and the United States Attorney for the district in which the order expunging the event was issued may appeal such final order or 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. The individual subject to the order issued expunging the event shall be the respondent in any such proceeding.

5. Petitioning court for expungement 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.

6. Effect of expungement An order of expungement, consistent with this Act, shall restore the affected individual to the legal status they occupied before the investigation, arrest, legal proceedings, and any legal results or consequences, as defined by paragraphs (2)(A)(i) through (iii) of section 3, for which they are the subject of an expunged official record, as if such record had never existed and underlying activity had never occurred. An individual who is the subject of an expungement order may treat the expunged official record of an investigation, arrest, legal proceedings, and any legal results or consequences, as defined by paragraphs (2)(A)(i) through (iii) of section 3, as if it never occurred or never was obtained, ordered, or imposed (as the case may be); and to the maximum extent Federal law may demand it, that individual shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement for failure to disclose, recite, or acknowledge such official record or the underlying activity with led to its original generation. Notwithstanding any other law, any individual who has an expunged official record, including a conviction, shall not be disqualified under Federal law from pursuing or engage in any Federal employment, contracting, lawful activity, occupation, or profession. Nothing in this Act is intended to create a right to compensation, restitution, or any monetary damages in law or equity. This Act and courts orders issued pursuant to it shall apply to— Federal criminal justice agencies and commissions; all other Federal agencies and commissions, including the Executive Office of the President, in possession of expunged documents or related official documents; State and local criminal justice agencies in possession of official records order pursuant to Federal law or participation in a Federal program that are subject to an expungement order, including but not limited to records kept under— section 9101 of title 5, United States Code; section 922 of title 18, United States Code; section 103 of the Brady Handgun Violence Prevention Act (National Instant Criminal Background Check System, 18 U.S.C. 922 note); section 534 of title 28, United States Code; the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq. (Justice System Improvement)); section 210304 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12592); section 3 of the National Child Protection Act of 1993 (34 U.S.C. 40102); the Crime Identification Technology Act of 1998 (34 U.S.C. 40301 et seq.); the National Criminal History Access and Child Protection Act (34 U.S.C. 40311 et seq.); section 4 of the Katie Sepich Enhanced DNA Collection Act of 2012 (34 U.S.C. 40743); the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40902 et seq.); sections 0.85(j) and 50.12 of title 28, Code of Federal Regulations (or any successor regulations); and parts 20, 23, 25(A), of title 28, Code of Federal Regulations (or any successor regulations); and any consumer credit agency (as defined in section 603(f) of the Consumer Credit Protection Act (15 U.S.C. 1681a(f))) subject to the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.). An individual or entity covered by subsection (e)(1)— shall comply with a court order issued pursuant to this section and, to the extent possible, conform their official records to be consistent with such order; shall respond to any inquiries as though any official record subject to an expungement order issued pursuant to this Act does not exist; or, in the case of another official record subject to an expungement order and consistent with paragraph (2)(B) of section 3, subsection (b)(2) of section 4, and subsection (d)(4)(B) of section 5, shall respond as though that other official record does not reference the expunged official record in accordance with the issued court order; and shall not disseminate, use internally, or reveal the existence of expunged records for any purpose, except as authorized under this Act or by further order of the court issuing the expungement order. Notwithstanding this Act, an official record of an otherwise expungeable event held by the intelligence community may be maintained and used for intelligence purposes.

7. Access, study, and support Any expungement of an individual’s official record for an expungable event or any related sealing, sequester, and redaction of relevant official records pertaining to that individual, may be made available only— to that individual or to such individual’s designated agent; to the Director (including for support under subsection (c)(1)); to the Comptroller General of the United States (including for support under subsection (c)(2)) for purposes of conducting the study described in subsection (b); with regard to an official record for a felony or for a misdemeanor unrelated to an expungable event, and where such record has appropriate redactions of any reference to official records expunged pursuant to this Act, to a criminal justice agency (as defined by paragraph (1) of section 3) or intelligence community member (as defined by paragraph (10) of section 3), for the exclusive purpose of— maintaining accurate official records; investigating or prosecuting an individual; or for conducting a background check on an individual who has applied for employment by such criminal justice agency or intelligence community member; 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 non- profit universities and colleges, for purpose of research, evaluative, or statistical activities pursuant to an agreement with the Director that specifically authorizes access to the information, limits the use of the information to research, evaluative, or statistical purposes, and ensures the confidentiality and security of the information consistent with this Act and with Federal law, including but not limited to, the redaction of personally identifiable information. The Comptroller General of the United States, in consultation with the United States Secretary of Health and Human Services, shall conduct a study of investigation, arrests, legal proceedings, and any legal results or consequences, as defined by paragraphs (2)(A)(i) through (iii) of section 3, for Federal 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 Act, the Comptroller General of the United States shall report to Congress the results of the study conducted under this subsection. In consultation with the Director, the Comptroller General of the United States shall also report to Congress on the implementation of this Act, including issues relevant to future expungement efforts (e.g., expungement of Federal felonies, expungement of Federal offenses for other controlled substances, models for automatic record-clearing and for general expungement).

8. Inapplicability The Administrative Procedure Act (5 U.S.C. 551 et seq.) and the Federal Advisory Committee Act (5 U.S.C. app. 2 et seq.) shall not apply to this Act and to orders or other actions taken pursuant to it.

9. Interpretation and severability Nothing in this Act should be construed to preempt or supersede the laws of any State with respect to its authority to define and enforce the criminal law of that State, or with respect to any power reserved to the States respectively, or to the people, or with respect to the rights guaranteed to each citizen, under the Constitution of the United States. This Act does not annul, alter, or affect, or exempt any person subject to this Act from complying with, the laws of any State, except to the extent that those laws are inconsistent with the provisions of this Act. This Act shall not in any way abridge or alter the remedies now existing at common law or by statute, but consistent with subsection (d)(2) of section 6, the provisions of this Act are in addition to such remedies. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.