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              Researh Sevice





Criminal Records Expungement and the

Marijuana Opportunity Reinvestment and

Expungement (MORE) Act of 2019



September 18, 2020
The Marijuana Opportunity Reinvestment and Expungement (MORE) Act of 2019 (IR. 3884; S. 2227)
would expunge the criminal records of convic tions for qualifying federal marijuana offenses and all
related arrests for individuals no longer serving a criminal justice sentence. Most of these offenses fall
under the Controlled Substances Act, but Section 2 of both the House and Senate bills references other
federal marijuana offenses in Title 16 and Title 18 of the U.S. Code. The bills would require each federal
district court, within one year of enactment of the bill, to issue an order expunging records of convictions
or adjudications for juvenile delinquency and related arrests for federal marijuana offenses entered into,
on, or after May 1, 1971, up until the day the bill is enacted. Also, the bills would allow anyone who has
been convicted or adjudicated delinquent for a marijuana offense and is not currently serving a sentence
to petition the court for expungement, which would allow for convictions and associated arrests to be
expunged before the end of the one-year review period. Expunged records would be sealed and removed
from each official index or public record, though the record could be made available pursuant to a court
order.
The MORE Act would allow those currently serving a sentence for a federalmarijuana offense to petition
a court for resentencing as if the penalty for their marijuana offense was not in effect at the time of their
initial s entenc ing. At the time of res entencing, the court would be required to expunge the records related
to the marijuana conviction and any related arrests.

Federal Marijuana Offenders

There is no official estimate of how many people might be eligible to have their criminal history records
related to federal marijuana offenses expunged if the MOREAct were to become law (i.e., how many
people have ever been convicted for a federal marijuana offense). However, some data provide a sense of
how many people are arrested and how many are convicted for federal marijuana offenses each year.
    *  As part of its Domestic Cannabis Eradication/Suppression Program (DCE/SP) that
       exclusively targets drug trafficking organizations involved in marijuana cultivation, the

                                                             Congressional Research Service
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