The United States Department of Justice (DOJ) has launched an online “Application for Certificate of Pardon for Simple Possession of Marijuana” on the Office of the Pardon Attorney’s website that allows eligible persons to submit documentation and receive a certificate indicating the person was pardoned by U.S. President Joe Biden, according to a DOJ press release.
A Certificate of Pardon “may assist pardoned persons by removing civil or legal disabilities – such as restrictions on the right to vote, to hold office, or to sit on a jury – that are imposed because of the pardoned conviction” and “may also be helpful as proof of pardon for those who seek to obtain licenses, bonding, or employment,” the DOJ press release stated.
On October 6, 2022, President Biden issued “A Proclamation on Granting Pardon for the Offense of Simple Possession of Marijuana” that will “grant a full, complete, and unconditional pardon to all current United States citizens and lawful permanent residents who committed the offense of simple possession of marijuana in violation of the Controlled Substances Act.”
The Proclamation stated that the Attorney General – acting through the Pardon Attorney – “shall administer and effectuate the issuance of certificates of pardon to eligible applicants who have been charged or convicted for the offense of simple possession of marijuana in violation of the Controlled Substances Act, as currently codified at 21 U.S.C. 844.”
To be eligible for a Certificate, an applicant must have been charged or convicted of simple possession of marijuana in either a federal court or D.C. Superior Court, and the applicant must have been lawfully within the United States at the time of the offense. Similarly, an individual must have been a U.S. citizen or lawful permanent resident on October 6, 2022.
Employers conducting background checks and drug testing on job applicants need to stay up to date on the many changes in laws regarding marijuana use and convictions. ClearStar is a leading global Human Resources technology company that specializes in background checks, drug testing, and occupational health screening. For more information, contact ClearStar.
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Thomas Ahearn - Digital Content Editor
Thomas Ahearn is a Digital Content Editor at ClearStar, a leading Human Resources technology company specializing in background checks, drug testing, and occupational health screening. He writes about a variety of topics in the background screening industry including Artificial Intelligence (AI), "Ban the Box," class action lawsuits, credit reports, criminal records, drug testing, Equal Employment Opportunity Commission (EEOC), Fair Credit Reporting Act (FCRA), identity theft, privacy, social media screening, and workplace violence.
At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.
