Resentencing and expungement

(a) Expungement of Federal cannabis offense convictions for individuals not under a criminal justice sentence (1) In general Not later than 1 year after the date of enactment of this Act, each judicial district shall conduct a comprehensive review and issue an order expunging each conviction or adjudication of juvenile delinquency for a Federal cannabis offense entered by each district court of the United States in the judicial district during the period beginning on May 1, 1971, and ending on the day before the date of enactment of this Act. Each district court of the United States shall also issue an order expunging any arrests associated with each expunged conviction or adjudication of juvenile delinquency. (2) Notification To the greatest extent practicable, each district court of the United States shall notify each individual whose arrest, conviction, or adjudication of delinquency has been expunged pursuant to this subsection that their arrest, conviction, or adjudication of juvenile delinquency has been expunged, and the effect of such expungement. (3) Right to petition court for expungement At any point after the date of enactment of this Act, any individual with a prior conviction or adjudication of juvenile delinquency for a Federal cannabis offense, who is not serving a criminal sentence, may file a motion for expungement. If the expungement of such a conviction or adjudication of juvenile delinquency is required pursuant to this Act, the court shall expunge the conviction or adjudication, and any associated arrests. If the individual is indigent, counsel shall be appointed to represent the individual in any proceedings under this subsection. (4) Sealed record The court shall seal all records related to a conviction or adjudication of juvenile delinquency that has been expunged under this subsection. Such records may only be made available by further order of the court. (5) Certification The court shall provide a certificate to the individual receiving expungement for a prior Federal cannabis offense. Any records of this certification shall be sealed under paragraph (4). (b) Effect of expungement An individual who has had an arrest, a conviction, or juvenile delinquency adjudication expunged under this section— (1) may treat the arrest, conviction, or adjudication as if it never occurred; (2) shall be immune from any civil or criminal penalties related to perjury, false swearing, or false statements, for a failure to disclose such arrest, conviction, or adjudication; and (3) shall not be subject to any loss of Federal benefits related to the expunged cannabis offense. (c) Exception An individual who at sentencing received an aggravating role adjustment pursuant to section 3B1.1(a) of the United States Sentencing Guidelines in relation to a Federal cannabis offense conviction shall not be eligible for expungement of that Federal cannabis offense conviction under this section, unless a district court of the United States conducting the sentencing review finds mitigating factors to warrant expungement, including the age of the individual at the time of the arrest, conviction, or adjudication, the role of the individual in the offense, or whether it was the first Federal cannabis offense committed by the individual. (d) Study The Comptroller General of the United States, in consultation with the Secretary of Health and Human Services, shall conduct a demographic study of individuals convicted of a Federal cannabis offense. Such study shall include information about the age, race, ethnicity, sex, and gender identity of those individuals, the type of community such users dwell in, and such other demographic information as the Comptroller General determines should be included. (e) Report Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the results of the study conducted under subsection (d). (f) Definitions In this section: (1) The term Federal cannabis offense means an offense that is no longer punishable pursuant to this Act or the amendments made under this Act. (2) The term expunge means, with respect to an arrest, a conviction, or a juvenile delinquency adjudication, the removal of the record of such arrest, conviction, or adjudication from each official index or public record. (3) The term serving a criminal sentence means, with respect to an individual, that the individual is serving a term of probation, parole, supervised release, imprisonment, official detention, pre-release custody, or work release, pursuant to a sentence or disposition of juvenile delinquency imposed on or after May 1, 1971.