January 9, 2025
  1. In late 2024, Congress filed the Weldon Angelos Presidential Pardon Expungement Act. It would establish a process that expunges federally pardoned offenses for applicable individuals if passed.

This Act would help many with such pardons because these offenses still appear on background reports and can impact an individual’s opportunities. Such opportunities include employment, housing, educational pursuits, and more. The Administrative Office of the United States Courts would have one year to act if the Weldon Angelos Presidential Pardon Expungement Act passes.

In that time, the office must “promulgate procedures or practices for the review, expungement, sealing, sequester, and redaction of official records pursuant to and consistent with the provisions of this Act, and to facilitate the study of such records pursuant to section 7.” Essentially, it restricts who has access to records concerning expunged offenses.

The Act also requires federal district courts to comprehensively review its official records. This process finds cases that qualify for expungement and then expunges the eligible records within two years of the law’s enactment. Furthermore, the Weldon Angelos Presidential Pardon Expungement Act would allow individuals to petition courts to review their cases to determine whether they qualify for clemency.

Once the courts have expunged the record, the individual would regain their legal status before the offense appeared in their records. In addition, federal law would not disqualify them from engaging in federal contracting, employment, occupation, profession, or lawful activity. According to the proposed Weldon Angelos Presidential Pardon Expungement Act, “The Comptroller General of the United States, in consultation with the United States Secretary of Health and Human Services, shall conduct a study of investigation, arrests, legal proceedings, and any legal results or consequences, as defined by paragraphs (2)(A)(i) through (iii) of section 3, for Federal misdemeanors, petty offenses, infractions, and civil penalties.”

Congress expects the study to cover the age, race, ethnicity, sex, and gender identity of those with records eligible for expungement. The study would also include information concerning the type of community they lived in and other demographic information deemed relevant by the Comptroller General. The Comptroller General of the United States must report the results of this study to Congress no later than two years from the date that the federal government enacts the Weldon Angelos Presidential Pardon Expungement Act.

Enacting the Weldon Angelos Presidential Pardon Expungement Act could improve the housing and employment opportunities of individuals with federal pardons. Furthermore, this Act benefits employers and workers by eliminating potential barriers to employment.

Disclaimer:
Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.

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