EXPUNGEMENT

LET’S BREAK IT DOWN

Expungement is when a past offense is completely wiped from a person’s record. As far as the law is concerned, it’s as if the arrest, the trial, and the conviction never happened. They can even answer NO if asked about their criminal history on a job application. Expungement is a crucial part of helping people get back on their feet, but how expungement policies are designed can have a huge impact on how effective they are.

• Simplicity matters. Automatic expungement is when the government clears eligible people’s records without them having to do anything. This is key because, as of now, most expungement policies require people to go through a complicated petition process that can require paying a lawyer or other fees. More barriers mean fewer people get their records cleared.
• Congress can expunge federal cannabis convictions, but most cannabis convictions happen at the state-level where Congress isn’t able to expunge them. What Congress can do is offer grants or other incentives to states that implement effective expungement policies.
• Expungement doesn’t apply to people who are currently incarcerated. The way things are now, people who are in federal prison must be pardoned by the President in order to be released and have their records cleared. However, Congress can allow federal cannabis prisoners to petition for resentencing, which could get them released ASAP and make them eligible for expungement.