II 

116TH CONGRESS 

2D SESSION S. 5047 

To require automatic sealing of certain criminal records, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 17, 2020 

Mr. CASEY (for himself and Ms. ERNST) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To require automatic sealing of certain criminal records, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Slate Act of 

5 2020’’. 

6 SEC. 2. SEALING OF CERTAIN RECORDS. 

7 (a) AMENDMENT.—Subchapter A of chapter 227 of 

8 title 18, United States Code, is amended by adding at the 

9 end the following: 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 5047 IS

1 ‘‘§ 3560. Automatic sealing of certain records 

2 ‘‘(a) DEFINITIONS.—In this section— 

3 ‘‘(1) the term ‘covered individual’ means an in4 dividual who— 

5 ‘‘(A) is not a sex offender; 

6 ‘‘(B) has been— 

7 ‘‘(i) arrested for a Federal offense for 

8 which the individual was not convicted; or 

9 ‘‘(ii) convicted of an offense under 

10 section 404 of the Controlled Substances 

11 Act (21 U.S.C. 844); 

12 ‘‘(C) in the case of a conviction described 

13 in subparagraph (B)(ii), has fulfilled each re14 quirement of the sentence for the offense, in15 cluding— 

16 ‘‘(i) completing each term of imprison17 ment, probation, or supervised release; and 

18 ‘‘(ii) satisfying each condition of im19 prisonment, probation, or supervised re20 lease; and 

21 ‘‘(D) has not been convicted for any of22 fense related to treason, terrorism, access and 

23 transmission of sensitive defense information, 

24 or other national security related convictions; 

25 and 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 5047 IS

1 ‘‘(2) the term ‘sex offender’ has the meaning 

2 given the term in section 111 of the Adam Walsh 

3 Child Protection and Safety Act of 2006 (34 U.S.C. 

4 20911). 

5 ‘‘(b) AUTOMATIC SEALING FOR CERTAIN ARRESTS

6 AND OTHER OFFENSES.— 

7 ‘‘(1) IN GENERAL.—At the time of sentencing 

8 of a covered individual for a conviction pursuant to 

9 section 404 of the Controlled Substances Act (21 

10 U.S.C. 844), the court shall enter an order that each 

11 record and portion thereof that relates to the offense 

12 shall be sealed automatically on the date that is 1 

13 year after the covered individual fulfills each require14 ment of the sentence, including— 

15 ‘‘(A) completing each term of imprison16 ment, probation, or supervised release; and 

17 ‘‘(B) satisfying each condition of imprison18 ment, probation, or supervised release. 

19 ‘‘(2) ACQUITTAL; DETERMINATION NOT TO FILE

20 CHARGES.— 

21 ‘‘(A) ACQUITTAL.—Not later than 60 days 

22 after the date on which a covered individual is 

23 acquitted, exonerated, or otherwise subject to a 

24 judgment which did not result in a conviction 

25 for a Federal offense, each record or portion 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 5047 IS

1 thereof that relates to the Federal offense shall 

2 be sealed automatically. 

3 ‘‘(B) DETERMINATION NOT TO FILE

4 CHARGES.— 

5 ‘‘(i) IN GENERAL.—If a covered indi6 vidual is arrested for a Federal offense and 

7 the Government does not file charges 

8 against the covered individual in relation 

9 to the Federal offense before the date that 

10 is 180 days after the date on which the ar11 rest was made, each record or portion 

12 thereof that relates to the arrest and Fed13 eral offense shall be sealed automatically 

14 on such date. 

15 ‘‘(ii) UNSEALING FOR FILING OF

16 CHARGES.—At the request of the Govern17 ment, a court may unseal a record sealed 

18 under clause (i) solely for the purpose of 

19 allowing the Government to file charges 

20 against the covered individual in relation 

21 to the Federal offense described in such 

22 clause. 

23 ‘‘(iii) LIMITATION.—If a record is un24 sealed under clause (ii), the record may 

25 only be resealed in accordance with paraVerDate Sep 11 2014 04:15 Jan 08, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5047.IS S5047

kjohnson on DSK79L0C42PROD with BILLS
5 

•S 5047 IS

1 graph (1) or subparagraph (A) of this 

2 paragraph. 

3 ‘‘(c) NOTICE OF AUTOMATIC SEALING.—Not later 

4 than 60 days after the date on which an individual is ar5 rested for a Federal offense, the Attorney General shall, 

6 in writing, inform the individual of the automatic sealing 

7 of records and the effect of such sealing under this section. 

8 ‘‘(d) EFFECT OF SEALING ORDER.— 

9 ‘‘(1) PROTECTION FROM ACCESS.—Except as 

10 provided in paragraph (4), a record that has been 

11 sealed under subsection (b) shall not be accessible to 

12 any person. 

13 ‘‘(2) PROTECTION FROM PERJURY LAWS.— 

14 ‘‘(A) IN GENERAL.—Except as provided in 

15 subparagraph (B), a covered individual with re16 spect to whom a record has been sealed under 

17 subsection (b) shall not be required to disclose 

18 such information, and shall not be subject to 

19 prosecution under any civil or criminal provi20 sion of Federal or State law relating to perjury, 

21 false swearing, or making a false statement, in22 cluding under section 1001, 1621, 1622, or 

23 1623, for failing to recite or acknowledge any 

24 information that has been sealed with respect to 

25 the offense, or respond to any inquiry made of 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 5047 IS

1 the covered individual, relating to the protected 

2 information. 

3 ‘‘(B) EXCEPTION.—A covered individual 

4 shall disclose information contained in a record 

5 that has been sealed under subsection (b)— 

6 ‘‘(i) when testifying in court; or 

7 ‘‘(ii) in connection with employment 

8 described in subclause (I) or (II) of para9 graph (4)(A)(ii) that the individual is seek10 ing. 

11 ‘‘(3) BACKGROUND CHECKS.—Except as pro12 vided in paragraph (4), a sealed record of a covered 

13 individual shall not be included in any background 

14 check conducted on the covered individual. 

15 ‘‘(4) LAW ENFORCEMENT AND COURT EXCEP16 TION.— 

17 ‘‘(A) ACCESS.—An officer or employee of a 

18 law enforcement agency or a court may access 

19 a sealed record of a covered individual in the 

20 possession of the agency or court, or another 

21 law enforcement agency or court, solely— 

22 ‘‘(i) for investigatory or prosecutorial 

23 purposes; or 

24 ‘‘(ii) for a background check that re25 lates to— 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 5047 IS

1 ‘‘(I) employment with a law en2 forcement agency; 

3 ‘‘(II) any position that a Federal 

4 agency designates as a national secu5 rity position; or 

6 ‘‘(III) the manufacture, importa7 tion, sale, transfer, possession, or car8 rying of firearms, explosives, or am9 munition. 

10 ‘‘(B) DISCLOSURE.—An officer or em11 ployee of a law enforcement agency or a court 

12 may disclose information contained in a sealed 

13 record only in order to carry out the purposes 

14 described in subparagraph (A). 

15 ‘‘(e) PENALTY FOR UNAUTHORIZED DISCLOSURE.— 

16 ‘‘(1) IN GENERAL.—Whoever knowingly ac17 cesses or discloses information contained in a sealed 

18 record in a manner that is prohibited under this sec19 tion, shall be fined under this title, imprisoned for 

20 not more than 1 year, or both. 

21 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

22 this subsection prevents a covered individual or an 

23 individual who was the crime victim (as such term 

24 is defined in section 3771(e)) from accessing or dis25 closing information contained in a sealed record. 


kjohnson on DSK79L0C42PROD with BILLS
8 

•S 5047 IS

1 ‘‘(f) RULEMAKING.—The Attorney General shall, by 

2 rule, establish a process to ensure that any record in the 

3 possession of a Federal agency required to be sealed under 

4 this section, is automatically sealed in accordance with this 

5 section. 

6 ‘‘(g) APPLICABILITY.—This section shall apply to an 

7 arrest that occurred or conviction that was entered before, 

8 on, or after the date of enactment of this section. Not later 

9 than 2 years after the date of the enactment of this sec10 tion, the Attorney General shall ensure that any record 

11 related to an arrest that occurred or conviction that was 

12 entered prior to the automatic sealing of such a record, 

13 which record is required to be sealed under this section, 

14 is so sealed. 

15 ‘‘(h) EMPLOYER IMMUNITY FROM LIABILITY.—An 

16 employer who employs or otherwise engages an individual 

17 whose criminal records were sealed pursuant to this sec18 tion shall be immune from liability for any claim arising 

19 out of the misconduct of the individual, if the misconduct 

20 relates to the portion of the criminal records that were 

21 sealed pursuant to this section. 

22 ‘‘(i) ESTABLISHMENT OF PARTNERSHIPS.— 

23 ‘‘(1) IN GENERAL.—The Administrative Office 

24 of the United States Courts may enter into a con25 tract with or make grants to an organization with 


kjohnson on DSK79L0C42PROD with BILLS
9 

•S 5047 IS

1 expertise in creating digital and technological sys2 tems to develop an efficient and effective process for 

3 automatically sealing records in accordance with this 

4 section. 

5 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

6 There are authorized to be appropriated $2,000,000 

7 to carry out this subsection. 

8 ‘‘§ 3560A. Sealing of certain records upon petition 

9 ‘‘(a) DEFINITIONS.—In this section— 

10 ‘‘(1) the term ‘covered nonviolent offense’ 

11 means a Federal criminal offense that is not— 

12 ‘‘(A) a crime of violence (as defined in sub13 section (a) of section 16); or 

14 ‘‘(B) a sex offense (as that term is defined 

15 in section 111 of the Sex Offender Registration 

16 and Notification Act (34 U.S.C. 20911)); 

17 ‘‘(2) the term ‘eligible individual’ means an in18 dividual who— 

19 ‘‘(A) has been convicted of a covered non20 violent offense; 

21 ‘‘(B) has fulfilled each requirement of the 

22 sentence for the covered nonviolent offense, in23 cluding— 

24 ‘‘(i) completing each term of imprison25 ment, probation, or supervised release; and 


kjohnson on DSK79L0C42PROD with BILLS
10 

•S 5047 IS

1 ‘‘(ii) satisfying each condition of im2 prisonment, probation, or supervised re3 lease; 

4 ‘‘(C) has not been convicted of more than 

5 2 felonies that are covered nonviolent offenses, 

6 including any such convictions that have been 

7 sealed (except that for purposes of this sub8 paragraph, two or more felony convictions that 

9 are covered nonviolent offenses arising out of 

10 the same act, or acts committed at the same 

11 time, shall be treated as one felony conviction); 

12 ‘‘(D) has not been convicted of any felony 

13 that is not a covered nonviolent offense; and 

14 ‘‘(E) has not been convicted for any of15 fense related to treason, terrorism, access and 

16 transmission of sensitive defense information, 

17 or other national security related convictions; 

18 ‘‘(3) the term ‘petitioner’ means an individual 

19 who files a sealing petition; 

20 ‘‘(4) the term ‘protected information’, with re21 spect to a covered nonviolent offense, means any ref22 erence to— 

23 ‘‘(A) an arrest, conviction, or sentence of 

24 an individual for the offense; 


kjohnson on DSK79L0C42PROD with BILLS
11 

•S 5047 IS

1 ‘‘(B) the institution of criminal pro2 ceedings against an individual for the offense; 

3 or 

4 ‘‘(C) the result of criminal proceedings de5 scribed in subparagraph (B); 

6 ‘‘(5) the term ‘sealing hearing’ means a hearing 

7 held under subsection (c)(2); and 

8 ‘‘(6) the term ‘sealing petition’ means a petition 

9 for a sealing order filed under subsection (b). 

10 ‘‘(b) RIGHT TO FILE SEALING PETITION.— 

11 ‘‘(1) IN GENERAL.—On and after the date that 

12 is 1 year after the date on which the eligible indi13 vidual has fulfilled each requirement described in 

14 subsection (a)(2)(B), an eligible individual may file 

15 a petition for a sealing order with respect to a cov16 ered nonviolent offense in a district court of the 

17 United States. 

18 ‘‘(2) NOTICE OF OPPORTUNITY TO FILE PETI19 TION.— 

20 ‘‘(A) IN GENERAL.—If an individual is 

21 convicted of a covered nonviolent offense and 

22 will potentially be eligible to file a sealing peti23 tion with respect to the offense upon fulfilling 

24 each requirement of the sentence for the offense 

25 as described in subsection (a)(2)(B), the court 


kjohnson on DSK79L0C42PROD with BILLS
12 

•S 5047 IS

1 in which the individual is convicted shall, in 

2 writing, inform the individual, on each date de3 scribed in subparagraph (B), of— 

4 ‘‘(i) that potential eligibility; 

5 ‘‘(ii) the necessary procedures for fil6 ing the sealing petition; and 

7 ‘‘(iii) the benefits of sealing a record. 

8 ‘‘(B) DATES.—The dates described in this 

9 subparagraph are— 

10 ‘‘(i) the date on which the individual 

11 is convicted; and 

12 ‘‘(ii) the date on which the individual 

13 has completed every term of imprisonment, 

14 probation, or supervised release relating to 

15 the offense. 

16 ‘‘(c) PROCEDURES.— 

17 ‘‘(1) NOTIFICATION TO PROSECUTOR.—If an in18 dividual files a petition under subsection (b), the dis19 trict court in which the petition is filed shall provide 

20 notice of the petition— 

21 ‘‘(A) to the office of the United States at22 torney that prosecuted the petitioner for the of23 fense; and 


kjohnson on DSK79L0C42PROD with BILLS
13 

•S 5047 IS

1 ‘‘(B) upon the request of the petitioner, to 

2 any other individual that the petitioner deter3 mines may testify as to the— 

4 ‘‘(i) conduct of the petitioner since the 

5 date of the offense; or 

6 ‘‘(ii) reasons that the sealing order 

7 should be entered. 

8 ‘‘(2) HEARING.— 

9 ‘‘(A) IN GENERAL.—Not later than 180 

10 days after the date on which an individual files 

11 a sealing petition, the district court shall— 

12 ‘‘(i) except as provided in subpara13 graph (D), conduct a hearing in accord14 ance with subparagraph (B); and 

15 ‘‘(ii) determine whether to enter a 

16 sealing order for the individual in accord17 ance with paragraph (3). 

18 ‘‘(B) OPPORTUNITY TO TESTIFY AND

19 OFFER EVIDENCE.— 

20 ‘‘(i) PETITIONER.—The petitioner 

21 may testify or offer evidence at the sealing 

22 hearing in support of sealing. 

23 ‘‘(ii) PROSECUTOR.—The office of a 

24 United States attorney that receives notice 

25 under paragraph (1)(A) may send a repVerDate Sep 11 2014 04:15 Jan 08, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S5047.IS S5047

kjohnson on DSK79L0C42PROD with BILLS
14 

•S 5047 IS

1 resentative to testify or offer evidence at 

2 the sealing hearing in support of or 

3 against sealing. 

4 ‘‘(iii) OTHER INDIVIDUALS.—An indi5 vidual who receives notice under paragraph 

6 (1)(B) may testify or offer evidence at the 

7 sealing hearing as to the issues described 

8 in clauses (i) and (ii) of that paragraph. 

9 ‘‘(C) MAGISTRATE JUDGES.—A magistrate 

10 judge may preside over a hearing under this 

11 paragraph. 

12 ‘‘(D) WAIVER OF HEARING.—If the peti13 tioner and the United States attorney that re14 ceives notice under paragraph (1)(A) so agree, 

15 the court shall make a determination under 

16 paragraph (3) without a hearing. 

17 ‘‘(3) BASIS FOR DECISION.— 

18 ‘‘(A) IN GENERAL.—In determining wheth19 er to enter a sealing order with respect to pro20 tected information relating to a covered non21 violent offense, the court— 

22 ‘‘(i) shall consider— 

23 ‘‘(I) the petition and any docu24 ments in the possession of the court; 

25 and 


kjohnson on DSK79L0C42PROD with BILLS
15 

•S 5047 IS

1 ‘‘(II) all the evidence and testi2 mony presented at the sealing hear3 ing, if such a hearing is conducted; 

4 ‘‘(ii) may not consider any non-Fed5 eral nonviolent crimes for which the peti6 tioner has been arrested or proceeded 

7 against, or of which the petitioner has been 

8 convicted; and 

9 ‘‘(iii) shall balance— 

10 ‘‘(I)(aa) the interest of public 

11 knowledge and safety; and 

12 ‘‘(bb) the legitimate interest, if 

13 any, of the Government in maintain14 ing the accessibility of the protected 

15 information, including any potential 

16 impact of sealing the protected infor17 mation on Federal licensure, permit, 

18 or employment restrictions; against 

19 ‘‘(II)(aa) the conduct and dem20 onstrated desire of the petitioner to be 

21 rehabilitated and positively contribute 

22 to the community; and 

23 ‘‘(bb) the interest of the peti24 tioner in having the protected infor25 mation sealed, including the harm of 


kjohnson on DSK79L0C42PROD with BILLS
16 

•S 5047 IS

1 the protected information to the abil2 ity of the petitioner to secure and 

3 maintain employment. 

4 ‘‘(B) BURDEN ON GOVERNMENT.—The 

5 burden shall be on the Government to show 

6 that the interests under subclause (I) of sub7 paragraph (A)(iii) outweigh the interests of the 

8 petitioner under subclause (II) of that subpara9 graph. 

10 ‘‘(4) WAITING PERIOD AFTER DENIAL.—If the 

11 district court denies a sealing petition, the petitioner 

12 may not file a new sealing petition with respect to 

13 the same offense until the date that is 2 years after 

14 the date of the denial. 

15 ‘‘(5) UNIVERSAL FORM.—The Director of the 

16 Administrative Office of the United States Courts 

17 shall create a universal form, available over the 

18 Internet and in paper form, that an individual may 

19 use to file a sealing petition. 

20 ‘‘(6) FEE WAIVER.—The Director of the Ad21 ministrative Office of the United States Courts shall 

22 by regulation establish a minimally burdensome 

23 process under which indigent petitioners may obtain 

24 a waiver of any fee for filing a sealing petition. 


kjohnson on DSK79L0C42PROD with BILLS
17 

•S 5047 IS

1 ‘‘(7) EFFECT OF SEALING.—Subsections (d) 

2 and (e) of section 3560 shall apply to any record 

3 that is sealed under this section. 

4 ‘‘(8) PUBLIC DEFENDER ELIGIBILITY.— 

5 ‘‘(A) IN GENERAL.—The district court 

6 shall appoint counsel in accordance with the 

7 plan of the district court in operation under 

8 section 3006A to represent a petitioner for pur9 poses of this section. 

10 ‘‘(B) CONSIDERATIONS.—In making a de11 termination whether to appoint counsel under 

12 subparagraph (A), the court shall consider— 

13 ‘‘(i) the anticipated complexity of the 

14 sealing hearing, including the number and 

15 type of witnesses called to advocate against 

16 the sealing of the protected information of 

17 the petitioner; and 

18 ‘‘(ii) the potential for adverse testi19 mony by a victim or a representative of the 

20 office of the United States attorney. 

21 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec22 tion may be construed to require a covered individual (as 

23 such term is defined in section 3560) to submit a sealing 

24 petition with respect to records required to be automati25 cally sealed under section 3560. 


kjohnson on DSK79L0C42PROD with BILLS
18 

•S 5047 IS

1 ‘‘(e) REPORTING.—Not later than 2 years after the 

2 date of enactment of this section, and each year there3 after, each district court of the United States shall issue 

4 a public report that— 

5 ‘‘(1) describes— 

6 ‘‘(A) the number of sealing petitions grant7 ed and denied under this section; and 

8 ‘‘(B) the number of instances in which the 

9 office of a United States attorney supported or 

10 opposed a sealing petition; 

11 ‘‘(2) includes any supporting data that the 

12 court determines relevant and that does not name 

13 any petitioner; and 

14 ‘‘(3) disaggregates all relevant data by race, 

15 ethnicity, gender, and the nature of the offense. 

16 ‘‘(f) EMPLOYER IMMUNITY FROM LIABILITY.—An 

17 employer who employs or otherwise engages an individual 

18 whose criminal records were sealed pursuant to this sec19 tion shall be immune from liability for any claim arising 

20 out of the misconduct of the individual, if the misconduct 

21 relates to the portion of the criminal records that were 

22 sealed pursuant to this section.’’. 

23 (b) TABLE OF SECTIONS.—The table of sections for 

24 subchapter A of chapter 227 of title 18, United States 


kjohnson on DSK79L0C42PROD with BILLS
19 

•S 5047 IS

1 Code, is amended by inserting after the item relating to 

2 section 3559 the following: 

‘‘3560. Automatic sealing of certain records. 

‘‘3560A. Sealing of certain records upon petition.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS