Section 1 Short title
This Act may be cited as the “Harnessing Opportunities by Pursuing Expungement Act of 2021” or the “HOPE Act of 2021”.
Harnessing Opportunities by Pursuing Expungement Act of 2021
A BILL
To authorize the Attorney General to make grants to States and units of local government to reduce the financial and administrative burden of expunging convictions for cannabis offenses, and for other purposes.
Sec. 2 State Expungement Opportunity Grant Program
Name of program— The grant program established under this section shall be known as the “State Expungement Opportunity Grant Program”.
Authorization— The Attorney General is authorized to make grants to States and units of local government to reduce the financial and administrative burden of expunging convictions for cannabis offenses that are available to individuals who have been convicted of such offenses under the laws of the State.
Application— The chief executive of a State or unit of local government seeking a grant under this section shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require.
Use of funds— Grants under this section shall be used—
for technology to provide cost-effective legal relief at scale;
to automate the process of expunging convictions for cannabis offenses;
for clinics, including legal clinics, that assist individuals through the expungement process;
to implement the notice requirement described in subsection (e);
to seal records of conviction for cannabis offenses, if appropriate; and
for other innovative partnerships to provide wide-scale relief to individuals who are eligible for the expungement of a conviction for a cannabis offense under the laws of the State.
Notice requirement— A jurisdiction that receives a grant under this section shall—
publish on a publicly accessible website information about the availability and process of expunging convictions for cannabis offenses, including information for individuals living in a different jurisdiction who were convicted of a cannabis offense in that jurisdiction;
implement a process to notify each individual convicted of a cannabis offense when—
the expungement process has begun; and
when the expungement is complete, which shall, if applicable, include an official certificate of expungement (including any other similar document used by the jurisdiction).
Report— A jurisdiction that receives a grant under this section shall submit to the Attorney General a report describing the uses of such funds, and how many convictions for cannabis offenses have been expunged using such funds.
Authorization of appropriations— There is authorized to be appropriated $2,000,000 to carry out this section for each of fiscal years 2023 through 2032.
Sec. 3 Study on the impact of criminal offenses related to cannabis
In general— Not later than one year after the date of enactment of this Act, the Attorney General shall conduct a study and submit to Congress and make publicly available on the website of the Department of Justice a report on—
the effects of the appearance on an individual’s criminal record report of a conviction for a criminal offense related to cannabis, including—
disqualifying him or her from future opportunities in housing and employment;
increasing the likelihood that the individual will have future involvement with the criminal justice system;
how any such effects differ based on demographics, including race; and
any other matters determined appropriate by the Attorney General; and
the costs incurred by States for incarcerating an individual convicted for a criminal offense related to cannabis.
Clarification— The report under subsection (a) may not include any personally identifiable information.
Sec. 4 Definitions
In this Act:
The term cannabis means either marijuana or cannabis as defined under the State law authorizing the sale or use of cannabis in which the individual or entity is located.
The term cannabis offense means a criminal offense related to cannabis that, under State law, is no longer an offense or that was designated a lesser offense or for which the penalty was reduced under State law pursuant to or following the adoption of a State law authorizing the sale or use of cannabis.