S. 2502 would increase the number of first-time offenders who could have their records expunged following a conviction for simple drug possession. Under current law, people who are found guilty of a simple drug possession offense under federal law can be ordered by a judge to undergo a period of probation, rather than being charged with a crime, if they have not previously been convicted of a drug offense under federal or state law. Offenders who successfully complete the probation program, and who were under the age of 21 at the time the offense was committed, can then apply for expungement of their federal record.
S. 2502 would allow any first-time offender convicted of simple possession who completes the federal probation program to have their record expunged, regardless of their age. According to the Administrative Office of the U.S. Courts, each year a few dozen people under the age of 21 are ordered to undergo probation for simple drug possession. CBO expects that the number of additional people who would become eligible for expungement under S. 2502 would be similarly small. On that basis, CBO estimates that the administrative costs to expunge their records would not be significant; any spending would be subject to the availability of appropriated funds.
