Bipartisan Legislation Seeks to Expunge Records of Presidential Pardon Recipients

PHOENIX - Dec. 19, 2024 - PRLog -- The Weldon Project and the Academy for Justice (A4J) celebrate the introduction of the Weldon Angelos Presidential Pardon Expungements Act (H.R. 10248), a bipartisan effort aimed at bridging the gap between presidential pardons and true second chances. The bill is particularly timely given recent clemency developments – involving both the current administration and the incoming one – which have kindled public interest in longstanding concerns about the limits of presidential pardons and the role for congressional legislation.

Introduced by Congressman Kelly Armstrong (R-ND), the bill allows individuals who have received a full presidential pardon to apply for the expungement of their criminal records related to the pardoned offenses. Weldon Angelos, sentenced to 55 years in federal prison for a first-time, nonviolent marijuana offense and later pardoned by President Trump, emphasized the life-changing impact of this bill:

"Having lived through the barriers that persist even after a full presidential pardon, this bill is nothing short of transformative. A pardon should truly offer a second chance. This legislation fulfills that promise by establishing a much-needed expungement process, which only Congress has the power to create. I'm deeply grateful to Congressman Armstrong for his leadership and humbled that such impactful reform bears my name."

A4J's Founder, Professor Erik Luna of Arizona State University's Sandra Day O'Connor College of Law, highlighted the bill's historic significance:

"This legislation is groundbreaking. If enacted, it will be the first general expungement statute in federal history, addressing a centuries-old legal gap. While pardons eliminate legal penalties, they don't erase the conviction record, which can hinder access to employment, education, and housing. Congressman Armstrong's bill bridges that gap, offering true second chances for deserving individuals."

Broad Bipartisan Support

The Weldon Angelos Presidential Pardon Expungements Act has garnered bipartisan support from policymakers and endorsements from leading organizations, including:

• Original Cosponsors: Reps. David Trone (D-MD), Laurel Lee (R-FL), Barry Moore (R-AL), Jeff Duncan (R-SC), and Don Bacon (R-NE).
• Supporting Organizations: The Weldon Project, Taking Action for Good (TAG), Heritage Action, CPAC Foundation, Americans for Prosperity (AFP), Dream.org, Due Process Institute (DPI), Justice Action Network (JAN), Drug Policy Alliance (DPA), Law Enforcement Action Partnership (LEAP), National Cannabis Roundtable (NCR), Faith & Freedom Coalition, Right on Crime, Prison Fellowship, R Street Institute, NACDL, American Civil Liberties Union (ACLU), CAN-DO Clemency, and FWD.us.

What the Experts Are Saying

In a letter to the House Judiciary Committee Leadership, Right On Crime urged representatives to prioritize the bipartisan Weldon Angelos Presidential Pardon Expungements Act.

"It is the rare few who are fully pardoned by a U.S. President, yet the recipients carry the weight of a criminal conviction for a lifetime," said former U.S. Attorney and Right On Crime Executive Director Brett Tolman. "Every American deserves a chance to leave their worst mistakes behind them and become contributing citizens to their communities."

Greg Glod of Americans for Prosperity underscored the critical need served by the legislation:

"A pardon should clear the path to a second chance, but without expungement, many still face insurmountable barriers. This bipartisan bill ensures that a pardon truly erases the past, offering a fair shot at rebuilding lives."

Lt. Diane Goldstein (Ret.), Executive Director of the Law Enforcement Action Partnership, praised the bill for rebalancing the important interests at stake:

"It is counterproductive to force presidential pardon recipients to face the collateral consequences of a pardoned conviction. The Weldon Angelos Presidential Pardon Expungements Act appropriately balances safety and justice by creating a process for pardon recipients to officially clear their names, allowing them to benefit fully from the second chance they've been granted."

Geoffrey Lawrence of Reason called for an end to the damaging legacy of the War on Drugs:

"This legislation is a critical step toward restoring rights and addressing decades of harm caused by unjust drug policies. It's time to end the targeting of peaceful citizens and reestablish proper limits on government overreach."

Kat Murti of Students for Sensible Drug Policy emphasized the human impact:

"This bill is a beacon of hope for those whose lives have been derailed by unjust convictions. Expungement helps heal families and communities devastated by the War on Drugs."

About the Weldon Angelos Presidential Pardon Expungements Act

The legislation addresses a crucial distinction between pardon and expungement. While a pardon forgives an offense, only expungement erases the records entirely, eliminating the stigma of a conviction.

• Expungement for Past Recipients: Those who have received a full presidential pardon can petition federal courts for expungement, with the government allowed to challenge cases based on public safety or justice concerns.
• Streamlined Process for Future Pardons: Future pardon recipients will benefit from a simplified petition process to clear their records.
• Exclusion of Nepotistic Pardons: The bill ensures fairness by excluding pardons granted to family members of the sitting president.

Background on Weldon Angelos and Erik Luna

Weldon Angelos, for whom the bill is named, was sentenced to 55 years in federal prison for a nonviolent marijuana offense at age 24. His sentence, widely criticized as excessive, became a rallying point for justice reform. Since his release and full pardon, Angelos has championed clemency and second chances through The Weldon Project and initiatives like the First Step Act, as well as successfully advocating for the release of those still imprisoned for marijuana and other nonviolent offenses.

Erik Luna, the Amelia D. Lewis Professor of Constitutional & Criminal Law at Arizona State University, is the Founder of the Academy for Justice (A4J), a criminal justice reform program at ASU's Sandra Day O'Connor College of Law. A former prosecutor and two-time Fulbright award winner, Luna has played a pivotal role in criminal justice policy, including challenging Angelos' original sentence and shaping clemency initiatives.

Building on a Legacy of Advocacy

This legislation builds on years of reform work by Angelos and Luna:

• Clemency Advocacy: They collaborated with cultural figures like Drake, Killer Mike, Deion Sanders, Kevin Garnett, Mike Tyson, Bella Thorne, rapper Russ, and dozens of other artists, athletes, public officials, entrepreneurs, policy experts, reform advocates, and other professionals, in asking the President to prioritize clemency for marijuana offenders.
• Policy Reform: Angelos and Luna co-authored various white papers, including clemency criteria developed with former Deputy U.S. Attorney General James M. Cole (author of the eponymous "Cole Memo"), and model legislation that influenced the development of federal initiatives, including the Marijuana Misdemeanor Expungement Act (introduced as H.R. 8557 in 2022 and H.R. 8917 in 2024) and now the Weldon Angelos Presidential Pardon Expungements Act (H.R. 10248).
• Public Engagement:  They helped organize numerous high-profile events (e.g., 50 Years of Injustice), testified before government bodies (e.g., testifying before the U.S. Senate Judiciary Committee on "Decriminalizing Cannabis at the Federal Level"), wrote op-eds correcting the record and calling for action, and mobilize bipartisan coalitions to address the harms of outdated drug laws.
• Innovative Forum: Angelos and Luna organized and moderated "Cannabis, Criminal Justice, and Clemency," a novel symposium held in the U.S. Capitol complex to consider issues raised by the current rethinking of federal marijuana prohibition. Hosted by Members of Congress, the event was innovative in its collaboration across academe, policy analysis, business, legislation, and enforcement. The symposium featured current and former federal officials (e.g., U.S. Pardon Attorney Elizabeth Oyer and former H.H.S. Secretary Kathleen Sebelius), representatives from the White House and the Justice Department, and prominent criminal justice scholars and policy experts.
• Helping Real People: Angelos and Luna continue to advocate for the release of individuals whose imprisonment represents an ongoing injustice demanding presidential clemency now, including people like Edwin Rubis, Jerry Haymon, Parker Coleman, Danny Trevino, and others who are incarcerated for nonviolent marijuana offenses. "Enough is enough," Angelos and Luna declared publicly several years. "No one should be locked up in federal prison for marijuana.  No one should continue to bear the scarlet letter of a federal conviction for marijuana offenses."

Current Campaign: Biden's Last Chance

As President Biden's term nears its end, The Weldon Project, A4J, and partners are leading the Last Chance campaign to push for clemency for marijuana offenders.

• Pardon People, Not Turkeys (November): Urging the President to prioritize clemency over holiday traditions.
• 25 Days of Clemency (December): Daily profiles of incarcerated individuals awaiting clemency to maintain public pressure.

In Angelos' words:

"Momentum for marijuana reform is growing, but true justice can only be achieved by freeing those still incarcerated for nonviolent offenses. This is President Biden's last chance to deliver on his promises."

For more information about the clemency campaign, visit cannabisclemencynow.org and follow @reeform_now and @academy4justice on social media.

The views expressed here are personal and do not represent the position of Arizona State University or the Arizona Board of Regents

About The Weldon Project and the Academy for Justice

The Weldon Project advocates for clemency and systemic reform for individuals incarcerated for nonviolent marijuana offenses. Through extensive partnerships, it launched the Mission [Green] initiative to raise the bar for awareness, social justice, and social equity, as part of a nationwide campaign aimed to provide relief to those who have been negatively impacted by prohibition.

For more information, see https://www.theweldonproject.org/.

The Academy for Justice (A4J), based at Arizona State University's Sandra Day O'Connor College of Law, bridges scholarly research and real-world advancements. A4J seeks to make academic work accessible and useful for policymakers, stakeholders, the media, and the public, helping to turn scholarly analysis and novel solutions into actionable criminal justice reform.

For more information, see https://academyforjustice.asu.edu/.