H.R.4323 allows motions to vacate federal convictions for "level A" offenses (the statute defines a level A offense as a federal offense that is not a violent crime) and allows expungement of arrest records for level A offenses. Arrests for "level B" (violent) offenses may be expunged only in limited situations (for example, if the defendant was acquitted, charges were dismissed, or charges were reduced to a level A offense and then acquitted/vacated).
Vacatur motions go to the federal court that imposed the sentence (the sentencing court). Expungement motions must be filed in the U.S. district court for the district and division where the arrest occurred. (Orders may be appealed in accordance with 28 U.S.C. §1291.)
A motion must be in writing, describe supporting evidence, state the offense, and include copies of any supporting documents. The statute requires courts to consider an affidavit or sworn testimony from an anti‑human‑trafficking service provider or clinician (which the court may deem sufficient if credible and no other evidence is readily available); courts may also consider other credible evidence (including law‑enforcement testimony). The applicable proof standard is a preponderance of the evidence.
H.R.6938 is a consolidated appropriations measure covering three major areas: Division A (Commerce, Justice, Science and related agencies) — funds Department of Commerce bureaus (e.g., NOAA, NIST, Census, USPTO, NTIA, EDA), Department of Justice components (e.g., FBI, U.S. Attorneys, BOP, DEA, ATF, U.S. Marshals, Office on Violence Against Women, Office of Justice Programs), NASA, NSF, OSTP and related science agencies; Division B (Energy and Water Development and related agencies) — funds U.S. Army Corps of Engineers (civil works), Department of Energy, and related independent agencies; Division C (Interior, Environment and related agencies) — funds Department of the Interior (BLM, NPS, USGS, Tribal programs), the Environmental Protection Agency, and related agencies and commissions. See the bill text for full agency-by-agency line items.
The Act provides full‑year appropriations for fiscal year 2026 — i.e., the fiscal year ending September 30, 2026. Many specific accounts in the bill are designated as multi‑year or "available until" later dates (for example, certain NOAA, Census, NIST, and other accounts remain available into 2027 or "until expended").
The bill is not only funding numbers — it also contains numerous policy riders, conditions, and operational directives (for example: restrictions on use of funds for abortion in certain circumstances, detailed transfer and reprogramming limits and reporting requirements, prohibitions or direction on specific activities, and program‑specific conditions and oversight requirements). In short, H.R.6938 specifies funding levels and also includes many programmatic rules and limitations that affect how money is used.
Survivors can file motions once the law is in effect (the President signed H.R.4323 into law on January 23, 2026); the statute applies to convictions or arrests occurring before, on, or after enactment. The statute sets processing steps/timelines: the Government has 30 days after a motion is filed to file an opposition; if the Government files opposition, the court must hold a hearing within 15 days of that opposition; if the Government does not file opposition, the court may hold a hearing within 45 days of the motion. Appeals proceed under ordinary appellate rules (28 U.S.C. §1291). The law also mandates reporting (U.S. Attorneys report on motions within 1 year; GAO must report within 3 years).