Federal Marijuana And Drug Convictions Would Be Automatically Sealed Under New Bipartisan Senate Bill

Bipartisan senators have introduced a bill to mandate the automatic sealing of criminal records for certain non-violent federal marijuana and other drug convictions.

The legislation—titled the “Clean Slate Act”—was filed by Sens. Bob Casey (D-PA) and Rand Paul (R-KY) on Wednesday. It would further provide a pathway for people to petition for record sealing if the offense is not covered under the automatic relief provisions.

“Automatically sealing records is an opportunity for millions of Americans to get a second chance at life,” Casey said in a press release. “This legislation will ensure that parents, workers, and families who have successfully completed their sentence can build successful lives that are unburdened by minor, nonviolent criminal histories.”

The measure is a Senate companion to a House bill sponsored by Reps. Lisa Blunt Rochester (D-DE) and Nancy Mace (R-SC) that was filed last year. The legislation has been introduced over the last several sessions, and a previous version advanced through the House Judiciary Committee in 2022. It wasn’t ultimately taken up on the floor, however.

A one-pager on the Senate proposal says it would automatically seal “an individual’s federal criminal record one year after their completed sentence if they have been convicted of simple drug possession or a covered nonviolent offense involving marijuana.”

It also calls for the sealing of “arrest records and other related records for individuals who have been acquitted, exonerated or never had charges filed against them.”

“In introducing the Senate companion bill to the Clean Slate Act of 2023, Senators Bob Casey and Rand Paul showcase a deep understanding of the far-reaching benefits of Clean Slate legislation,” Sheena Meade, CEO of the Clean Slate Initiative, said. “Beyond ensuring individuals can earn a fair chance at redemption, Clean Slate policies catalyze economic growth and bolster our workforce.”

“By removing barriers to employment and opportunity, Clean Slate legislation enables individuals to fully participate in our economy, driving growth and prosperity,” she said. “So far, states have led the charge on automatic record-sealing, and it’s encouraging to see momentum building in Congress. Together, we can break down barriers to opportunity and ensure everyone has a fair chance to build a better future for themselves and reach their potential.”

🎉 We’re celebrating the introduction of S. 5266, sponsored by @SenRandPaul (R-KY) and @SenBobCasey (D-PA).

The legislation is the Senate companion bill to H.R. 2930, The Clean Slate Act of 2023! 🎉 pic.twitter.com/DpJbpLXFuU

— The Clean Slate Initiative (@CleanSlate_Init) September 26, 2024

The bill would establish a new process for people to petition the courts for record sealing for non-violent offenses that aren’t eligible for automatic sealing. They could repetition for relief after two years if the court denied their initial request.

Further, district courts would be able to appoint a public defender to assist “indigent petitioners” process their requests for record sealing.

“Conservatives believe in accountability as well as the potential for redemption, particularly for those convicted of low-level, non-violent offenses. America loves a good comeback story,” David Safavian, executive vice president of Conservatives for Political Action (CPAC), said.

“By creating a pathway to a clean slate, one that requires a period of waiting time for the ex-offender to demonstrate responsibility and earn a second chance, we can help people come out of incarceration and become good citizens,” he said. “Ultimately, doing so helps strengthen families, communities, and our nation’s work force.”

While President Joe Biden issued a series of mass pardon for thousands of people who’ve committed federal cannabis possession offenses during. his time in office, the impact of that action is limited, as presidential pardons do not affect the visibility of conviction records.

The Clean Slate Act enjoys support from a diverse cast of institutions, including the Due Process Institute, Brennan Center for Justice at NYU School of Law, Center for American Progress, Code for America, JPMorgan Chase, Justice Action Network (JAN),  Law Enforcement Leaders to Reduce Crime and Incarceration and R Street.

“The Clean Slate Act is a common sense reform that will help give people who have fulfilled their justice system obligations a second chance,” Nan Gibson, executive director of the JPMorgan Chase Policy Center, said. “By creating a process for clearing low-level nonviolent federal records, and streamlining the process through automation, the Clean Slate Act will help people pursue stable career opportunities.”

“This measure will enable companies like JPMorgan Chase, where about 10 percent of our new hires annually in the US have previous records with no bearing on their roles, continue to connect individuals to meaningful career pathways, opening doors to opportunities that transform lives, lift up communities and strengthen the economy,” Gibson said.

Meanwhile, Reps. Troy Carter (D-LA) and Kelly Armstrong (R-ND) separately reintroduced a bill in March that would create a process to expunge federal misdemeanor marijuana convictions and allow courts to recommend presidential pardons for eligible cases. The Marijuana Misdemeanor Expungement Act would require the chief justice of the U.S. Supreme Court to implement rules to facilitate the “review, expungement, sealing, sequester and redaction” of criminal records for low-level federal cannabis crimes.

The latest records relief legislation is being introduced as Biden and the White House continue to promote the mass cannabis pardons that have been issued over his tenure.

“President Biden issued categorical pardons of federal offenses of simple possession of marijuana—lifting barriers to housing, employment, educational opportunities, and more for thousands of Americans,” the White House said. “He has called on called on governors to follow his lead and issue similar pardons for state offenses.”

—
Marijuana Moment is tracking more than 1,500 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
—

Meanwhile, Paul, the Clean Slate Act’s GOP sponsor, also reintroduced a bill this week that would triple the concentration of THC that the hemp could legally contain, while addressing multiple other concerns the industry has expressed about the federal regulations.

Biden also recently discussed his administration’s cannabis actions and reiterated his belief that criminalization over minor marijuana offenses is an outdated policy during a speech at the Congressional Black Caucus Foundation’s (CBCF) 2024 Phoenix Awards Dinner.

Pennsylvania Police Arrest An Average Of 32 People For Marijuana Possession Every Day, New Data Shows As Lawmakers Weigh Legalization

Photo courtesy of Mike Latimer.