Amendment ID: S2801-1-R1

Redraft Amendment 1

Ensuring Equitable Access to Cannabis Expungement

Messrs. Gomez, Eldridge and Lewis, Ms. Comerford, Ms. Moran, Ms. Rausch, Ms. Chang-Diaz, Ms. Edwards, Mr. Lesser, Ms. Jehlen, Messrs. Collins and Feeney move that the proposed new draft be amended by inserting after section 13 the following 2 sections:-

“SECTION 13A. Section 100K of  chapter 276 of the General Laws, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) The court shall have the discretion to order an expungement pursuant to this section based on what is in the best interest of justice; provided, however, that if the petitioner seeks to expunge a record pursuant to this section for the possession or cultivation of an amount of marijuana decriminalized pursuant to section 32L of chapter 94C, section 13 of chapter 94G or any other law, or for possession with intent to distribute or distribution of marijuana, the court shall order the expungement of the record. Prior to entering an order of expungement pursuant to this section, the court shall hold a hearing if requested by the petitioner or the district attorney. Upon granting or denying a petition for expungement, the court shall enter written findings of fact.

Upon an order for expungement pursuant to this section and sections 100F, 100G and 100H, the trial court clerk’s office shall provide the petitioner with a certified copy of the order, the docket sheets and the criminal complaint related to the expunged charge. The commissioner of probation shall send a copy of the expungement order to the applicable police department and the department shall expunge any police record related to the expunged charge.

SECTION 13B.  Said section 100K of said chapter 276, as so appearing, is hereby further amended by adding the following subsection:-

(d) An expungement order pursuant to this section or section 100F, section 100G or section 100H shall not preclude a court from exercising its jurisdiction over any subsequently filed motion to amend the record, post-judgment relief motion or petition or any other future collateral attack on an expunged conviction.”.