Overview

Title

To amend Federal law to create an expungement mechanism and a process to petition for expungement for low-level violations of the Controlled Substances Act as it relates to marijuana, to study the impact of expungements issued, and for other purposes.

ELI5 AI

The bill wants to help people by erasing old, small problems they had with marijuana from their records so they can get better jobs and opportunities now. It also says that special rules will make sure that nobody can see what's been erased.

Summary AI

H.R. 8917 aims to create a system that allows for the expungement of low-level marijuana-related offenses from an individual's criminal record. The bill proposes a legal process where affected individuals can apply to have their records cleared and outlines the responsibilities for courts and government agencies in managing and updating these changes. It also mandates a study on the impact of these expungements and provides guidelines for maintaining the confidentiality of expunged records. The act seeks to help individuals avoid negative consequences from these minor offenses, facilitating better opportunities for employment and other areas of life.

Published

2024-07-02
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-07-02
Package ID: BILLS-118hr8917ih

Bill Statistics

Size

Sections:
10
Words:
5,095
Pages:
24
Sentences:
78

Language

Nouns: 1,506
Verbs: 348
Adjectives: 363
Adverbs: 46
Numbers: 169
Entities: 223

Complexity

Average Token Length:
4.45
Average Sentence Length:
65.32
Token Entropy:
5.35
Readability (ARI):
35.83

AnalysisAI

General Summary of the Bill

The bill, titled the "Marijuana Misdemeanor Expungement Act," proposes changes to federal law by establishing a mechanism for expunging low-level marijuana-related offenses from criminal records. It aims to permit individuals to petition for expungement, specifies procedures for handling these cases, and mandates a study of the effects of expungements on affected individuals. It also outlines how sealed records can be accessed and processed with specific use cases in mind.

Summary of Significant Issues

The bill brings to light several issues concerning its execution and effects. Primarily, the term "expungable event" remains ambiguous across multiple sections, posing a potential challenge for consistent application. This ambiguity can make it difficult for non-legal individuals to grasp who qualifies for expungement, potentially leading to confusion and inconsistent legal outcomes.

Administrative and financial strains are also prominent issues. The expectation for federal district courts to review and expunge records without designated funding could result in unfunded mandates, putting pressure on the judicial system. Furthermore, there are concerns around privacy and security, especially concerning the study of demographics, which necessitates secure handling of potentially sensitive information.

The bill's process for referring expungement cases to the President for potential pardons is vague, lacking defined criteria that could lead to uneven application. Additionally, the exemption from certain acts like the Administrative Procedure Act might limit transparency in how expungements are conducted.

Potential Broad Public Impact

Broadly speaking, the bill aims to facilitate social justice by allowing individuals previously burdened by minor marijuana-related offenses to clear their records. By enabling these expungements, affected individuals might experience improved opportunities for employment, housing, and education, which can significantly enhance their quality of life and societal contribution.

However, the ambiguity and lack of clarity in definitions and procedural guidelines may cause delays and confusion which can impact those seeking expungement. The anticipated administrative burden might also impact the efficiency of the judicial system, potentially leading to slower justice processes across the board.

Impact on Specific Stakeholders

Individuals with Prior Offenses: These individuals would benefit most directly as expungement could alleviate some of the social and economic barriers previously hindering them. By removing such offenses from their records, they could pursue job opportunities and other life goals more freely.

Judicial System: Federal courts might face increased administrative demands without clear funding provisions, potentially wearing down resources or leading to inefficient handling of cases. This increased workload could necessitate additional allocations or restructuring to manage effectively.

State Agencies and Law Enforcement: The potential financial implications for state agencies and local law enforcement are significant. They may face the challenge of aligning records and expungement processes with new federal directives without clear guidance or funding.

Researchers and Academic Institutions: While the bill permits engagement in research concerning expungements, the granting of access to sensitive information could raise ethical concerns. Academic institutions involved in these studies must ensure strong data privacy measures are in place.

In summation, while the bill stands to substantially benefit those with minor marijuana offenses, the pathway to achieving these outcomes is fraught with complexities requiring careful implementation to avoid negative repercussions on judicial and administrative systems.

Issues

  • The bill allows for the expungement of certain marijuana-related offenses, but there is ambiguity in the term 'expungable event' across various sections (Section 2, 3, 4, 5, 6). This ambiguity could lead to inconsistent application of the law, as it involves complex legal references and criteria that might be difficult for laypersons to understand.

  • Section 3 highlights potential administrative burdens on the federal district courts due to the requirement for courts to review and expunge records. There is no mention of funding or resources allocated to manage this, which might lead to unfunded mandates impacting the judicial system.

  • The section on 'Access, study, and support' (Section 6) raises concerns about privacy and data security, especially with sensitive demographic information being shared for studies on expungement, which could pose ethical issues if not handled properly.

  • The provision for expungement does not address the potential costs of compliance and implementation for state and federal agencies, as noted in Section 5. This could lead to significant financial implications.

  • Section 7's language on 'Pardon referral' lacks clarity on the criteria for a court to refer cases for presidential pardon, potentially leading to inconsistencies in interpretation and application.

  • The lack of specific grounds for appealing an expungement order, as mentioned in Sections 3 and 4, could lead to excessive legal challenges and resource strains on the court system.

  • The exemption of the legislation from the Administrative Procedure Act and Federal Advisory Committee Act in Section 8 could reduce transparency and accountability in how expungement processes are managed.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill states that it can be officially called the "Marijuana Misdemeanor Expungement Act."

2. Definitions Read Opens in new tab

Summary AI

This section provides definitions for terms related to criminal justice, including "criminal justice agency," which refers to entities like courts and agencies involved in criminal justice administration. It also defines terms such as "official record," "expunge," "seal," "sequester," "redact," "marijuana," and "expungable event," specifying their meanings and when they apply, particularly in relation to marijuana-related offenses.

3. Court review for expungement Read Opens in new tab

Summary AI

The section outlines procedures for expunging legal records, including the responsibilities of the Chief Justice, establishing a timeline for federal courts to review and expunge certain records, and providing notifications to government agencies and individuals affected by expungement. It also allows the Attorney General to appeal expungement orders within 60 days.

4. Petitioning court for expungement Read Opens in new tab

Summary AI

Individuals can petition a federal court for the expungement of criminal records related to certain events, with the court having the discretion to grant or deny these requests based on evidence presented by the petitioner and the government. No fees are charged for filing, legal counsel may be appointed if necessary, and if expungement is granted, relevant authorities are notified while privacy protections are maintained.

5. Effect of expungement Read Opens in new tab

Summary AI

An order of expungement aims to restore a person's legal status to what it was before a specific event, allowing them to treat the event as if it never occurred, and preventing it from being used against them in employment or other activities. However, this does not apply to serious crimes unrelated to marijuana, and it doesn't entitle the individual to any form of compensation.

6. Access, study, and support Read Opens in new tab

Summary AI

The section outlines who can access an individual's expunged criminal records and describes a study to be conducted on the impact of marijuana-related offenses. It also allows researchers and law students to help with the study and the development of rules for expunging records, ensuring that access to sensitive information is handled securely and legally.

7. Pardon referral Read Opens in new tab

Summary AI

The court, after clearing a person's record, can suggest the case be reviewed by the President of the United States or their representatives, like the Pardon Attorney, to consider a pardon based on the President's constitutional powers.

8. Inapplicability Read Opens in new tab

Summary AI

The section states that the rules outlined in the Administrative Procedure Act and the Federal Advisory Committee Act do not apply to this section or any actions taken under it.

9. Interpretation and severability Read Opens in new tab

Summary AI

This section clarifies that it does not override state laws unless those state laws conflict with it, and even then, only to the extent of the contradiction. It also states that if any part of this section is found to be invalid, the rest remains effective.

10. Effective date Read Opens in new tab

Summary AI

This section states that the Act, along with any changes made to it, will become effective 180 days after it is officially enacted.