HOPE Act of 2024
S. 4161118th Congress

HOPE Act of 2024

Introduced in the SenateSen. Jacky Rosen (D-NV)42 sections · 3 min read
Version: Introduced in Senate · Apr 18, 2024

Section 1. Short title

This Act may be cited as the Harnessing Opportunities by Pursuing Expungement Act of 2024 or the HOPE Act of 2024.

Section 2. Definitions

In this Act:

(1) Cannabis

The term cannabis means marijuana or cannabis, as defined under the State law authorizing the sale or use of cannabis in which an individual or entity is located.

(2) Cannabis offense

The term cannabis offense means a criminal offense relating to cannabis—

(A) that, under State law—

(i) is no longer an offense; or

(ii) was designated a lesser offense; or

(B) for which the penalty under State law—

(i) was reduced pursuant to or following the adoption of a State law authorizing the sale or use of cannabis;

(ii) does not include jail time; or

(iii) includes some jail time following the adoption of a State law substantially reducing the amount of jail time.

(3) Eligible entity

The term eligible entity means a State, a unit of local government, or an Indian Tribe.

(4) Indian Tribe

The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

(5) State

The term State means each of the several States of the United States, the District of Columbia, and any commonwealth or territory of the United States.

(6) Unit of local government

The term unit of local government means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level.

(a) Authorization

The Attorney General may award grants to eligible entities to reduce the financial and administrative burden of expunging convictions for cannabis offenses that are available for individuals who have been convicted of cannabis offenses under the laws of the State.

(b) Name of program

The grant program established under this section shall be known as the State Expungement Opportunity Grant Program.

(c) Application

The chief executive of an eligible entity 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.

(d) Use of funds

An eligible entity that receives a grant under this section shall use funds from the grant—

(1) for technology to provide cost-effective legal relief at scale;

(2) to automate the process of expunging convictions for cannabis offenses;

(3) for clinics, including legal clinics, that assist individuals through the expungement process;

(4) to implement the notice requirement described in subsection (e);

(5) to seal records of conviction for cannabis offenses, if appropriate; and

(6) 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.

(e) Notice requirement

An eligible entity that receives a grant under this section shall—

(1) publish on a publicly accessible website information about the availability and process of expunging convictions for cannabis offenses, including information for individuals living in an area other than the area under the jurisdiction of the eligible entity who were convicted of a cannabis offense in the area under the jurisdiction of the eligible entity; and

(2) implement a process to notify each individual convicted of a cannabis offense—

(A) when the expungement process has begun; and

(B) when the expungement is complete, including, if applicable, when an official certificate of expungement (or any other similar document used by the eligible entity) has been issued.

(f) Report

An eligible entity that receives a grant under this section shall submit to the Attorney General a report describing—

(1) the uses of funds from the grant; and

(2) how many convictions for cannabis offenses have been expunged using funds from the grant.

(g) Authorization of appropriations

There are authorized to be appropriated to the Attorney General to carry out this section $2,000,000 for each of fiscal years 2025 through 2034.

(a) In general

Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to Congress and make publicly available on the website of the Department of Justice a report on a study conducted on—

(1) the effects of the appearance on an individual’s criminal record report of a conviction for a criminal offense relating to cannabis, including—

(A) disqualifying the individual from future opportunities in housing and employment;

(B) increasing the likelihood that the individual will have future involvement with the criminal justice system;

(C) how any such effects differ based on demographics, including race; and

(D) any other matters determined appropriate by the Attorney General; and

(2) the costs incurred by States for incarcerating an individual convicted for a criminal offense relating to cannabis.

(b) Clarification

The report submitted under subsection (a) may not include any personally identifiable information.

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