[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10248 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10248
To create a process for the expungement of pardoned Federal offenses.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 22, 2024
Mr. Armstrong (for himself, Mr. Trone, Ms. Lee of Florida, Mr. Moore of
Alabama, Mr. Duncan, and Mr. Bacon) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To create a process for the expungement of pardoned Federal offenses.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Weldon Angelos Presidential Pardon
Expungements Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
SEC. 3. DEFINITIONS.
In this Act:
(1) Criminal justice agency.--The term ``criminal justice
agency'' means--
(A) a Federal or State court;
(B) a governmental agency or any subunit thereof
that--
(i) 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;
(ii) 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
(iii) 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
(C) a Federal or State inspector general in their
review of other criminal justice agencies.
(2) Official record.--The term ``official record'' means--
(A) 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--
(i) 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;
(ii) 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
(iii) 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
(B) 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).
(3) Expunge.--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.
(4) Seal.--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.
(5) Sequester.--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.
(6) Redact.--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.
(7) Expungable event.--The term ``expungable event''
means--
(A) 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
(B) to be considered an expungable event for the
purposes of this Act--
(i) 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
(ii) 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.
(8) State.--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.
(9) Tribal nation.--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)).
(10) Intelligence community.--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)).
(11) Intelligence.--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)).
SEC. 4. COURT REVIEW FOR EXPUNGEMENT.
(a) Procedures.--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.
(b) Review.--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--
(1) each official record for an expungable event; and
(2) 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.
(c) Notification of Expungement.--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--
(1) 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;
(2) 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
(3) 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--
(A) 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
(B) any local law enforcement agency that serves
the jurisdiction in which the individual resides.
A notification pursuant to this subsection shall not be or become a
publicly accessible record that identifies 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.
(d) Motion for Reconsideration.--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.
(1) Government burden.--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.
(2) Evidence allowed and federal rules apply.--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.
(3) Intervention.--The individual subject to the order
issued expunging the event may, as a matter of right, intervene
in any such reconsideration.
(e) Appeal.--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.
SEC. 5. PETITIONING COURT FOR EXPUNGEMENT.
(a) Petition.--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.
(b) Service and Response.--The clerk of the court shall serve that
petition on the United States Attorney for that district.
(c) Representation and Fees.--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.
(d) Evidence, Standards, and Orders.--
(1) Federal rules apply.--The Federal rules of procedure
and evidence shall apply to these petitioning processes.
(2) Evidence allowed.--The petitioner and the Government
may submit to the court relevant evidence.
(3) Petitioner's initial burden.--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.
(4) Expungement orders.--
(A) Expungement.--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.
(B) Other records and limitations.--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.
(e) Notification of Expungement.--
(1) Automatic copies.--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--
(A) 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
(B) 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.
(2) Requested copies.--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--
(A) 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
(B) any local law enforcement agency that serves
the jurisdiction in which the petitioner resides.
(3) Notifications and copies not to be accessible
records.--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.
(f) Appeal.--
(1) Government.--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.
(2) Petitioner.--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.
SEC. 6. EFFECT OF EXPUNGEMENT.
(a) In General.--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.
(b) Self-Disclosure.--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.
(c) No Disqualification.--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.
(d) Limitations.--Nothing in this Act is intended to create a right
to compensation, restitution, or any monetary damages in law or equity.
(e) Compliance.--
(1) Applicability.--This Act and courts orders issued
pursuant to it shall apply to--
(A) Federal criminal justice agencies and
commissions;
(B) all other Federal agencies and commissions,
including the Executive Office of the President, in
possession of expunged documents or related official
documents;
(C) 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--
(i) section 9101 of title 5, United States
Code;
(ii) section 922 of title 18, United States
Code;
(iii) section 103 of the Brady Handgun
Violence Prevention Act (National Instant
Criminal Background Check System, 18 U.S.C. 922
note);
(iv) section 534 of title 28, United States
Code;
(v) the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10101 et seq.
(Justice System Improvement));
(vi) section 210304 of the Violent Crime
Control and Law Enforcement Act of 1994 (34
U.S.C. 12592);
(vii) section 3 of the National Child
Protection Act of 1993 (34 U.S.C. 40102);
(viii) the Crime Identification Technology
Act of 1998 (34 U.S.C. 40301 et seq.);
(ix) the National Criminal History Access
and Child Protection Act (34 U.S.C. 40311 et
seq.);
(x) section 4 of the Katie Sepich Enhanced
DNA Collection Act of 2012 (34 U.S.C. 40743);
(xi) the NICS Improvement Amendments Act of
2007 (34 U.S.C. 40902 et seq.);
(xii) sections 0.85(j) and 50.12 of title
28, Code of Federal Regulations (or any
successor regulations); and
(xiii) parts 20, 23, 25(A), of title 28,
Code of Federal Regulations (or any successor
regulations); and
(D) 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.).
(2) Covered entities.--An individual or entity covered by
subsection (e)(1)--
(A) 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;
(B) 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
(C) 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.
(f) Intelligence Exception.--Notwithstanding this Act, an official
record of an otherwise expungeable event held by the intelligence
community may be maintained and used for intelligence purposes.
SEC. 7. ACCESS, STUDY, AND SUPPORT.
(a) Access.--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--
(1) to that individual or to such individual's designated
agent;
(2) to the Director (including for support under subsection
(c)(1));
(3) 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);
(4) 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--
(A) maintaining accurate official records;
(B) investigating or prosecuting an individual; or
(C) for conducting a background check on an
individual who has applied for employment by such
criminal justice agency or intelligence community
member;
(5) to the United States Department of Justice's Office of
Justice Programs (and its units or subunits); and
(6) 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.
(b) Study.--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.
(1) Demographics.--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.
(2) Report.--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).
SEC. 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.
SEC. 9. INTERPRETATION AND SEVERABILITY.
(a) No Preemption.--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.
(b) Severability.--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.
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