Biden Incorrectly Says Marijuana Pardons Exempt People From Disclosing Convictions On Official Forms, Contrary To DOJ Guidance

President Joe Biden’s mistaken belief that his marijuana pardons expunged records could end up causing legal issues for recipients, as he not only continues to insist that those cases are sealed but now claims that those who received clemency no longer need to disclose their arrests or convictions on official forms, contrary to the law.

The president has said on multiple occasions—including during his State of the Union address last week—that his pardons expunged thousands of cases, even though presidential pardons simply represent formal forgiveness and, as the Justice Department and congressional researchers have clarified, the forgiven offenses remain on the recipient’s record.

But what’s been largely chalked up to a rhetorical blunder became a more pressing concern on Wednesday, as Biden told supporters at his Wisconsin campaign headquarters that people who were pardoned are no longer required to disclose their cannabis records on forms such as employment or housing applications that prompt them to provide that information.

After acknowledging a supporter who held a sign quoting his position that nobody should be jailed over marijuana possession and telling him that he’s “taking care” of the issue, the president again conflated pardons with expungements and then went further, suggesting that the relief exempted recipients from broader disclosure requirements.

“No one is going to be jailed. No one should be jailed for just using and possessing marijuana and it staying on their record,” he said, according to a White House readout.  “By the way, the fact of the matter is that stays on their record all—the whole time just for smoking marijuana. Now, if you’re out selling it, if you’re out growing, it’s a different deal. But if you’re just using, it should be wiped off your record.”

“Because you have that on your record, you have to—’Have you ever been arrested or do you have a felony on your record?’ You have to put ‘yes,’” he said, referencing forms that require the disclosure such as certain job applications. “Not anymore. Not anymore.” (Emphasis added.)

H/T: www.marijuanamoment.net

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