II 

115TH CONGRESS 

1ST SESSION S. 827 

To provide for the sealing or expungement of records relating to Federal 

nonviolent criminal offenses, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 5 (legislative day, APRIL 4), 2017 

Mr. PAUL (for himself and Mr. BOOKER) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To provide for the sealing or expungement of records relating 

to Federal nonviolent criminal offenses, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Record Expungement Designed to Enhance Employment 

6 Act of 2017’’ or the ‘‘REDEEM Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Sealing of criminal records. 

Sec. 3. Juvenile sealing and expungement. 


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Sec. 4. Study and report on cost savings from sealing and expungement provisions. 

Sec. 5. TANF assistance and SNAP benefits. 

Sec. 6. State incentives. 

Sec. 7. Gender equality in Federal juvenile delinquency proceedings. 

Sec. 8. Ensuring accuracy in the FBI background check system. 

Sec. 9. Report on statutory and regulatory restrictions and disqualifications 

based on criminal records. 

1 SEC. 2. SEALING OF CRIMINAL RECORDS. 

2 (a) IN GENERAL.—Chapter 229 of title 18, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘Subchapter D—Sealing of Criminal Records 

‘‘Sec. 

‘‘3631. Definitions; eligible individuals. 

‘‘3632. Sealing petition. 

‘‘3633. Effect of sealing order. 

6 ‘‘§ 3631. Definitions; eligible individuals 

7 ‘‘(a) DEFINITIONS.—In this subchapter— 

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

9 means a Federal criminal offense that is not— 

10 ‘‘(A) a crime of violence (as that term is 

11 defined in section 16); or 

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

13 in section 111 of the Sex Offender Registration 

14 and Notification Act (42 U.S.C. 16911)); 

15 ‘‘(2) the term ‘eligible individual’ means an in16 dividual who— 

17 ‘‘(A) has been arrested for or convicted of 

18 a covered nonviolent offense; 


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1 ‘‘(B) in the case of a conviction described 

2 in subparagraph (A), has fulfilled each require3 ment of the sentence for the covered nonviolent 

4 offense, including— 

5 ‘‘(i) completing each term of imprison6 ment, probation, or supervised release; and 

7 ‘‘(ii) satisfying each condition of im8 prisonment, probation, or supervised re9 lease; 

10 ‘‘(C) subject to subsection (b), has not 

11 been convicted of more than 2 felonies that are 

12 covered nonviolent offenses, including any such 

13 convictions that have been sealed; and 

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

15 that is not a covered nonviolent offense; 

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

17 who files a sealing petition; 

18 ‘‘(4) the term ‘protected information’, with re19 spect to a covered nonviolent offense, means any ref20 erence to— 

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

22 an individual for the offense; 

23 ‘‘(B) the institution of criminal pro24 ceedings against an individual for the offense; 

25 or 


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1 ‘‘(C) the result of criminal proceedings de2 scribed in subparagraph (B); 

3 ‘‘(5) the term ‘seal’— 

4 ‘‘(A) means— 

5 ‘‘(i) to close a record from public 

6 viewing so that the record cannot be exam7 ined except by court order; and 

8 ‘‘(ii) to physically seal the record shut 

9 and label the record ‘SEALED’ or, in the 

10 case of an electronic record, the sub11 stantive equivalent; and 

12 ‘‘(B) has the effect described in section 

13 3633, including— 

14 ‘‘(i) the right to treat the offense to 

15 which a sealed record relates, and any ar16 rest, criminal proceeding, conviction, or 

17 sentence relating to the offense, as if it 

18 never occurred; and 

19 ‘‘(ii) protection from civil and criminal 

20 perjury, false swearing, and false state21 ment laws with respect to a sealed record; 

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

23 held under section 3632(b)(2); and 

24 ‘‘(7) the term ‘sealing petition’ means a petition 

25 for a sealing order filed under section 3632(a). 


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1 ‘‘(b) ELIGIBLE INDIVIDUALS.— 

2 ‘‘(1) MULTIPLE CONVICTIONS DEEMED TO BE

3 ONE CONVICTION.—For purposes of subsection 

4 (a)(2)(C)— 

5 ‘‘(A) multiple convictions shall be deemed 

6 to be 1 conviction if the convictions result from 

7 or relate to— 

8 ‘‘(i) the same act; or 

9 ‘‘(ii) acts committed at the same time; 

10 and 

11 ‘‘(B) subject to paragraph (2), multiple 

12 convictions, not to exceed 3, that do not result 

13 from or relate to the same act or acts com14 mitted at the same time shall be deemed to be 

15 1 conviction if the convictions— 

16 ‘‘(i) result from or relate to— 

17 ‘‘(I) the same— 

18 ‘‘(aa) indictment, informa19 tion, or complaint; 

20 ‘‘(bb) plea of guilty; or 

21 ‘‘(cc) official proceeding; or 

22 ‘‘(II) related criminal acts that 

23 were committed within a 3-month pe24 riod; or 


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1 ‘‘(ii) are determined to be directly re2 lated to addiction or a substance use dis3 order. 

4 ‘‘(2) DISCRETION OF COURT.— 

5 ‘‘(A) IN GENERAL.—A court reviewing a 

6 sealing petition may determine that it is not in 

7 the public interest to deem multiple convictions 

8 described in paragraph (1)(B) to be 1 convic9 tion. 

10 ‘‘(B) REASONING.—If a court makes a de11 termination under subparagraph (A), the court 

12 shall make available to the public the reasoning 

13 for the determination. 

14 ‘‘(C) REPORTING.—Not later than 2 years 

15 after the date of enactment of this subchapter, 

16 and each year thereafter, each district court of 

17 the United States shall submit to the appro18 priate committees of Congress a report that de19 scribes the exercise of discretion by the court 

20 under subparagraph (B), with all relevant data 

21 disaggregated by race, ethnicity, gender, and 

22 the nature of the offense. 

23 ‘‘§ 3632. Sealing petition 

24 ‘‘(a) RIGHT TO FILE SEALING PETITION.— 


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1 ‘‘(1) IN GENERAL.—On and after the date de2 scribed in paragraph (2), an eligible individual may 

3 file a petition for a sealing order with respect to a 

4 covered nonviolent offense in a district court of the 

5 United States. 

6 ‘‘(2) DATES.—The date described in this para7 graph is— 

8 ‘‘(A) for an eligible individual who is con9 victed of a covered nonviolent offense and sen10 tenced to a term of imprisonment, probation, or 

11 supervised release, the date that is 1 year after 

12 the date on which the eligible individual has 

13 completed every such term of imprisonment, 

14 probation, or supervised release; and 

15 ‘‘(B) for an eligible individual not de16 scribed in subparagraph (A), the date on which 

17 the case relating to the covered nonviolent of18 fense is disposed of. 

19 ‘‘(3) NOTICE OF OPPORTUNITY TO FILE PETI20 TION.— 

21 ‘‘(A) CONVICTED INDIVIDUALS.— 

22 ‘‘(i) IN GENERAL.—If an individual is 

23 convicted of a covered nonviolent offense 

24 and will potentially be eligible to file a 

25 sealing petition with respect to the offense 


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1 upon fulfilling each requirement of the sen2 tence for the offense as described in sec3 tion 3631(a)(2)(B), the court in which the 

4 individual is convicted shall, in writing, in5 form the individual, on each date described 

6 in clause (ii), of— 

7 ‘‘(I) that potential eligibility; 

8 ‘‘(II) the necessary procedures 

9 for filing the sealing petition; and 

10 ‘‘(III) the benefits of sealing a 

11 record, including protection from civil 

12 and criminal perjury, false swearing, 

13 and false statement laws with respect 

14 to the record. 

15 ‘‘(ii) DATES.—The dates described in 

16 this clause are— 

17 ‘‘(I) the date on which the indi18 vidual is convicted; and 

19 ‘‘(II) the date on which the indi20 vidual has completed every term of 

21 imprisonment, probation, or super22 vised release relating to the offense. 

23 ‘‘(B) INDIVIDUALS NOT CONVICTED.— 

24 ‘‘(i) ARREST ONLY.—If an individual 

25 is arrested for a covered nonviolent ofVerDate Sep 11 2014 23:42 Apr 10, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S827.IS S827

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1 fense, criminal proceedings are not insti2 tuted against the individual for the offense, 

3 and the individual is potentially eligible to 

4 file a sealing petition with respect to the 

5 offense, on the date on which the case re6 lating to the offense is disposed of, the ar7 resting authority shall, in writing, inform 

8 the individual of— 

9 ‘‘(I) that potential eligibility; 

10 ‘‘(II) the necessary procedures 

11 for filing the sealing petition; and 

12 ‘‘(III) the benefits of sealing a 

13 record, including protection from civil 

14 and criminal perjury, false swearing, 

15 and false statement laws with respect 

16 to the record. 

17 ‘‘(ii) COURT PROCEEDINGS.—If an in18 dividual is arrested for a covered non19 violent offense, criminal proceedings are in20 stituted against the individual for the of21 fense, the individual is not convicted of the 

22 offense, and the individual is potentially el23 igible to file a sealing petition with respect 

24 to the offense, on the date on which the 

25 case relating to the offense is disposed of, 


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1 the court in which the criminal proceedings 

2 take place shall, in writing, inform the in3 dividual of— 

4 ‘‘(I) that potential eligibility; 

5 ‘‘(II) the necessary procedures 

6 for filing the sealing petition; and 

7 ‘‘(III) the benefits of sealing a 

8 record, including protection from civil 

9 and criminal perjury, false swearing, 

10 and false statement laws with respect 

11 to the record. 

12 ‘‘(b) PROCEDURES.— 

13 ‘‘(1) NOTIFICATION TO PROSECUTOR.—If an in14 dividual files a petition under subsection (a) with re15 spect to a covered nonviolent offense or arrest for a 

16 covered nonviolent offense, the district court in 

17 which the petition is filed shall provide notice of the 

18 petition— 

19 ‘‘(A) to the office of the United States at20 torney that prosecuted or would have pros21 ecuted the petitioner for the offense; and 

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

23 any other individual that the petitioner deter24 mines may testify as to the— 


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

2 date of the offense or arrest; or 

3 ‘‘(ii) reasons that the sealing order 

4 should be entered. 

5 ‘‘(2) HEARING.— 

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

7 days after the date on which an individual files 

8 a sealing petition, the district court shall— 

9 ‘‘(i) except as provided in subpara10 graph (D), conduct a hearing in accord11 ance with subparagraph (B); and 

12 ‘‘(ii) determine whether to enter a 

13 sealing order for the individual in accord14 ance with paragraph (3). 

15 ‘‘(B) OPPORTUNITY TO TESTIFY AND

16 OFFER EVIDENCE.— 

17 ‘‘(i) PETITIONER.—The petitioner 

18 may testify or offer evidence at the sealing 

19 hearing in support of sealing. 

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

21 United States attorney that receives notice 

22 under paragraph (1)(A) may send a rep23 resentative to testify or offer evidence at 

24 the sealing hearing in support of or 

25 against sealing. 


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1 ‘‘(iii) OTHER INDIVIDUALS.—An indi2 vidual who receives notice under paragraph 

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

4 sealing hearing as to the issues described 

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

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

7 judge may preside over a hearing under this 

8 paragraph. 

9 ‘‘(D) WAIVER OF HEARING.—If the peti10 tioner and the United States attorney that re11 ceives notice under paragraph (1)(A) so agree, 

12 the court shall make a determination under 

13 paragraph (3) without a hearing. 

14 ‘‘(3) BASIS FOR DECISION.— 

15 ‘‘(A) IN GENERAL.—In determining wheth16 er to enter a sealing order with respect to pro17 tected information relating to a covered non18 violent offense, the court— 

19 ‘‘(i) shall consider— 

20 ‘‘(I) the petition and any docu21 ments in the possession of the court; 

22 and 

23 ‘‘(II) all the evidence and testi24 mony presented at the sealing hear25 ing, if such a hearing is conducted; 


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1 ‘‘(ii) may not consider any non-Fed2 eral nonviolent crimes for which the peti3 tioner has been arrested or proceeded 

4 against, or of which the petitioner has been 

5 convicted; and 

6 ‘‘(iii) shall balance— 

7 ‘‘(I)(aa) the interest of public 

8 knowledge and safety; and 

9 ‘‘(bb) the legitimate interest, if 

10 any, of the Government in maintain11 ing the accessibility of the protected 

12 information, including any potential 

13 impact of sealing the protected infor14 mation on Federal licensure, permit, 

15 or employment restrictions; against 

16 ‘‘(II)(aa) the conduct and dem17 onstrated desire of the petitioner to be 

18 rehabilitated and positively contribute 

19 to the community; and 

20 ‘‘(bb) the interest of the peti21 tioner in having the protected infor22 mation sealed, including the harm of 

23 the protected information to the abil24 ity of the petitioner to secure and 

25 maintain employment. 


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1 ‘‘(B) BURDEN ON GOVERNMENT.—The 

2 burden shall be on the Government to show 

3 that the interests under subclause (I) of sub4 paragraph (A)(iii) outweigh the interests of the 

5 petitioner under subclause (II) of that subpara6 graph. 

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

8 district court denies a sealing petition, the petitioner 

9 may not file a new sealing petition with respect to 

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

11 the date of the denial. 

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

13 Administrative Office of the United States Courts 

14 shall create a universal form, available over the 

15 Internet and in paper form, that an individual may 

16 use to file a sealing petition. 

17 ‘‘(6) FEE WAIVER.—The Director of the Ad18 ministrative Office of the United States Courts shall 

19 by regulation establish a minimally burdensome 

20 process under which indigent petitioners may obtain 

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

22 ‘‘(7) REPORTING.—Not later than 2 years after 

23 the date of enactment of this subchapter, and each 

24 year thereafter, each district court of the United 

25 States shall issue a public report that— 


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1 ‘‘(A) describes— 

2 ‘‘(i) the number of sealing petitions 

3 granted and denied under this section; and 

4 ‘‘(ii) the number of instances in which 

5 the office of a United States attorney sup6 ported or opposed a sealing petition; 

7 ‘‘(B) includes any supporting data that the 

8 court determines relevant and that does not 

9 name any petitioner; and 

10 ‘‘(C) disaggregates all relevant data by 

11 race, ethnicity, gender, and the nature of the 

12 offense. 

13 ‘‘(8) PUBLIC DEFENDER ELIGIBILITY.— 

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

15 may, in its discretion, appoint counsel in ac16 cordance with the plan of the district court in 

17 operation under section 3006A to represent a 

18 petitioner for purposes of this section. 

19 ‘‘(B) CONSIDERATIONS.—In making a de20 termination whether to appoint counsel under 

21 subparagraph (A), the court shall consider— 

22 ‘‘(i) the anticipated complexity of the 

23 sealing hearing, including the number and 

24 type of witnesses called to advocate against 


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1 the sealing of the protected information of 

2 the petitioner; and 

3 ‘‘(ii) the potential for adverse testi4 mony by a victim or a representative of the 

5 office of the United States attorney. 

6 ‘‘§ 3633. Effect of sealing order 

7 ‘‘(a) IN GENERAL.—Except as provided in this sec8 tion, if a district court of the United States enters a seal9 ing order with respect to a covered nonviolent offense, the 

10 offense and any arrest, criminal proceeding, conviction, or 

11 sentence relating to the offense shall be treated as if it 

12 never occurred. 

13 ‘‘(b) VERIFICATION OF SEALING.—If a district court 

14 of the United States enters a sealing order with respect 

15 to a covered nonviolent offense, the court shall— 

16 ‘‘(1) send a copy of the sealing order to each 

17 entity or person known to the court that possesses 

18 a record containing protected information that re19 lates to the offense, including each— 

20 ‘‘(A) law enforcement agency; and 

21 ‘‘(B) public or private correctional or de22 tention facility; 

23 ‘‘(2) in the sealing order, require each entity or 

24 person described in paragraph (1) to— 


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1 ‘‘(A) seal the record in accordance with 

2 this section; and 

3 ‘‘(B) submit a written certification to the 

4 court, under penalty of perjury, that the entity 

5 or person has sealed each paper and electronic 

6 copy of the record; 

7 ‘‘(3) seal each paper and electronic copy of the 

8 record in the possession of the court; and 

9 ‘‘(4) after receiving a written certification from 

10 each entity or person under paragraph (2)(B), notify 

11 the petitioner that each entity or person described in 

12 paragraph (1) has sealed each paper and electronic 

13 copy of the record. 

14 ‘‘(c) PROTECTION FROM PERJURY LAWS.—Except as 

15 provided in subsection (f)(3)(A), a petitioner with respect 

16 to whom a sealing order has been entered for a covered 

17 nonviolent offense shall not be subject to prosecution 

18 under any civil or criminal provision of Federal or State 

19 law relating to perjury, false swearing, or making a false 

20 statement, including section 1001, 1621, 1622, or 1623, 

21 for failing to recite or acknowledge any protected informa22 tion with respect to the offense or respond to any inquiry 

23 made of the petitioner, relating to the protected informa24 tion, for any purpose. 


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1 ‘‘(d) ATTORNEY GENERAL NONPUBLIC RECORDS.— 

2 The Attorney General— 

3 ‘‘(1) shall maintain a nonpublic record of all 

4 protected information that has been sealed under 

5 this subchapter; and 

6 ‘‘(2) may access or use protected information 

7 only— 

8 ‘‘(A) for legitimate investigative purposes; 

9 ‘‘(B) in defense of any civil suit arising out 

10 of the facts of the arrest or subsequent pro11 ceedings; or 

12 ‘‘(C) if the Attorney General determines 

13 that disclosure is necessary to serve the inter14 ests of justice, public safety, or national secu15 rity. 

16 ‘‘(e) LAW ENFORCEMENT ACCESS.—A Federal or 

17 State law enforcement agency may access a record that 

18 is sealed under this subchapter solely— 

19 ‘‘(1) to determine whether the individual to 

20 whom the record relates is eligible for a first-time21 offender diversion program; 

22 ‘‘(2) for investigatory, prosecutorial, or Federal 

23 supervision purposes; or 


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1 ‘‘(3) for a background check that relates to law 

2 enforcement employment or any employment that re3 quires a government security clearance. 

4 ‘‘(f) PROHIBITION ON DISCLOSURE.— 

5 ‘‘(1) PROHIBITION.—Except as provided in 

6 paragraph (3), it shall be unlawful to intentionally 

7 make or attempt to make an unauthorized disclosure 

8 of any protected information from a record that has 

9 been sealed under this subchapter. 

10 ‘‘(2) PENALTY.—Any person who violates para11 graph (1) shall be fined under this title, imprisoned 

12 for not more than 1 year, or both. 

13 ‘‘(3) EXCEPTIONS.— 

14 ‘‘(A) BACKGROUND CHECKS.—An indi15 vidual who is the subject of a record sealed 

16 under this subchapter shall, and a Federal or 

17 State law enforcement agency that possesses 

18 such a record may, disclose the record in the 

19 case of a background check for— 

20 ‘‘(i) law enforcement employment; or 

21 ‘‘(ii) any position that a Federal agen22 cy designates as a— 

23 ‘‘(I) national security position; or 

24 ‘‘(II) high-risk, public trust posi25 tion. 


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1 ‘‘(B) DISCLOSURE TO ARMED FORCES.—A 

2 person may disclose protected information from 

3 a record sealed under this subchapter to the 

4 Secretaries of the military departments (or the 

5 Secretary of Homeland Security with respect to 

6 the Coast Guard when it is not operating as a 

7 service in the Navy) for the purpose of vetting 

8 an enlistment or commission, or with regard to 

9 any member of the Armed Forces. 

10 ‘‘(C) CRIMINAL AND JUVENILE PRO11 CEEDINGS.—A prosecutor may disclose pro12 tected information from a record sealed under 

13 this subchapter if the information pertains to a 

14 potential witness in a Federal or State— 

15 ‘‘(i) criminal proceeding; or 

16 ‘‘(ii) juvenile delinquency proceeding. 

17 ‘‘(D) AUTHORIZATION FOR INDIVIDUAL TO

18 DISCLOSE OWN RECORD.—An individual who is 

19 the subject of a record sealed under this sub20 chapter may choose to disclose the record.’’. 

21 (b) APPLICABILITY.—The right to file a sealing peti22 tion under section 3632(a) of title 18, United States Code, 

23 as added by subsection (a), shall apply with respect to a 

24 covered nonviolent offense (as defined in section 3631(a) 

25 of such title) that is committed or alleged to have been 


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1 committed before, on, or after the date of enactment of 

2 this Act. 

3 (c) TRANSITION PERIOD FOR HEARINGS DEAD4 LINE.—During the 1-year period beginning on the date 

5 of enactment of this Act, section 3632(b)(2)(A) of title 

6 18, United States Code, as added by subsection (a), shall 

7 be applied by substituting ‘‘1 year’’ for ‘‘180 days’’. 

8 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

9 The table of subchapters for chapter 229 of title 18, 

10 United States Code, is amended by adding at the end the 

11 following: 

‘‘D. Sealing of Criminal Records ................................................. 3631’’. 

12 SEC. 3. JUVENILE SEALING AND EXPUNGEMENT. 

13 (a) PURPOSE.—The purpose of this section is to— 

14 (1) protect children and adults against damage 

15 stemming from their juvenile acts and subsequent 

16 juvenile delinquency records, including law enforce17 ment, arrest, and court records; and 

18 (2) prevent the unauthorized use or disclosure 

19 of confidential juvenile delinquency records and any 

20 potential employment, financial, psychological, or 

21 other harm that would result from such unauthor22 ized use or disclosure. 

23 (b) DEFINITIONS.—Section 5031 of title 18, United 

24 States Code, is amended to read as follows: 


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1 ‘‘§ 5031. Definitions 

2 ‘‘In this chapter— 

3 ‘‘(1) the term ‘adjudication’ means a deter4 mination by a judge that a person committed an act 

5 of juvenile delinquency; 

6 ‘‘(2) the term ‘conviction’ means a judgment or 

7 disposition in criminal court against a person fol8 lowing a finding of guilt by a judge or jury; 

9 ‘‘(3) the term ‘destroy’ means to render a file 

10 unreadable, whether paper, electronic, or otherwise 

11 stored, by shredding, pulverizing, pulping, incin12 erating, overwriting, reformatting the media, or 

13 other means; 

14 ‘‘(4) the term ‘expunge’— 

15 ‘‘(A) means to destroy a record and oblit16 erate the name of the person to whom the 

17 record pertains from each official index or pub18 lic record; and 

19 ‘‘(B) has the effect described in section 

20 5044(c), including— 

21 ‘‘(i) the right to treat an offense to 

22 which an expunged record relates, and any 

23 arrest, juvenile delinquency proceeding, ad24 judication, or other result of such pro25 ceeding relating to the offense, as if it 

26 never occurred; and 


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1 ‘‘(ii) protection from civil and criminal 

2 perjury, false swearing, and false state3 ment laws with respect to an expunged 

4 record; 

5 ‘‘(5) the term ‘expungement hearing’ means a 

6 hearing held under section 5044(b)(2)(B); 

7 ‘‘(6) the term ‘expungement petition’ means a 

8 petition for expungement filed under section 

9 5044(b); 

10 ‘‘(7) the term ‘juvenile’ means— 

11 ‘‘(A) except as provided in subparagraph 

12 (B), a person who has not attained the age of 

13 18; and 

14 ‘‘(B) for the purpose of proceedings and 

15 disposition under this chapter for an alleged act 

16 of juvenile delinquency, a person who has not 

17 attained the age of 21; 

18 ‘‘(8) the term ‘juvenile delinquency’ means the 

19 violation of a law of the United States committed by 

20 a person before attaining the age of 18 which would 

21 have been a crime if committed by an adult, or a 

22 violation by such a person of section 922(x); 

23 ‘‘(9) the term ‘juvenile nonviolent offense’ 

24 means an act of juvenile delinquency that is not— 


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1 ‘‘(A) a violent crime (as defined in section 

2 103 of the Juvenile Justice and Delinquency 

3 Prevention Act of 1974 (42 U.S.C. 5603)); or 

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

5 in section 111 of the Sex Offender Registration 

6 and Notification Act (42 U.S.C. 16911)); 

7 ‘‘(10) the term ‘juvenile record’— 

8 ‘‘(A) means a record maintained by a 

9 court, the probation system, a law enforcement 

10 agency, or any other government agency, of the 

11 juvenile delinquency proceedings of a person; 

12 and 

13 ‘‘(B) includes— 

14 ‘‘(i) a juvenile legal file, including a 

15 formal document such as a petition, notice, 

16 motion, legal memorandum, order, or de17 cree; 

18 ‘‘(ii) a social record, including— 

19 ‘‘(I) a record of a probation offi20 cer; 

21 ‘‘(II) a record of any government 

22 agency that keeps records relating to 

23 juvenile delinquency; 

24 ‘‘(III) a medical record; 


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1 ‘‘(IV) a psychiatric or psycho2 logical record; 

3 ‘‘(V) a birth certificate; 

4 ‘‘(VI) an education record, in5 cluding an individualized education 

6 plan; 

7 ‘‘(VII) a detention record; 

8 ‘‘(VIII) demographic information 

9 that identifies a juvenile or the family 

10 of a juvenile; or 

11 ‘‘(IX) any other record that in12 cludes personally identifiable informa13 tion that may be associated with a ju14 venile delinquency proceeding, an act 

15 of juvenile delinquency, or an alleged 

16 act of juvenile delinquency; 

17 ‘‘(iii) a law enforcement record, in18 cluding— 

19 ‘‘(I) fingerprints; 

20 ‘‘(II) a DNA sample; or 

21 ‘‘(III) a photograph; and 

22 ‘‘(iv) a State criminal justice informa23 tion system record; 

24 ‘‘(11) the term ‘petitioner’ means a person who 

25 files an expungement petition or a sealing petition; 


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1 ‘‘(12) the term ‘seal’— 

2 ‘‘(A) means— 

3 ‘‘(i) to close a record from public 

4 viewing so that the record cannot be exam5 ined except by court order; and 

6 ‘‘(ii) to physically seal the record shut 

7 and label the record ‘SEALED’ or, in the 

8 case of an electronic record, the sub9 stantive equivalent; and 

10 ‘‘(B) has the effect described in section 

11 5043(c), including— 

12 ‘‘(i) the right to treat an offense to 

13 which a sealed record relates, and any ar14 rest, juvenile delinquency proceeding, adju15 dication, or other result of such proceeding 

16 relating to the offense, as if it never oc17 curred; and 

18 ‘‘(ii) protection from civil and criminal 

19 perjury, false swearing, and false state20 ment laws with respect to a sealed record; 

21 ‘‘(13) the term ‘sealing hearing’ means a hear22 ing held under section 3632(b)(2)(B); and 

23 ‘‘(14) the term ‘sealing petition’ means a peti24 tion for a sealing order filed under section 

25 5043(b).’’. 


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1 (c) CONFIDENTIALITY.—Section 5038 of title 18, 

2 United States Code, is amended— 

3 (1) in subsection (a), in the flush text following 

4 paragraph (6), by inserting after ‘‘bonding,’’ the fol5 lowing: ‘‘participation in an educational system,’’; 

6 and 

7 (2) in subsection (b), by striking ‘‘District 

8 courts exercising jurisdiction over any juvenile’’ and 

9 inserting the following: ‘‘Not later than 7 days after 

10 the date on which a district court exercises jurisdic11 tion over a juvenile, the district court’’. 

12 (d) SEALING; EXPUNGEMENT.— 

13 (1) IN GENERAL.—Chapter 403 of title 18, 

14 United States Code, is amended by adding at the 

15 end the following: 

16 ‘‘§ 5043. Sealing 

17 ‘‘(a) AUTOMATIC SEALING OF NONVIOLENT OF18 FENSES.— 

19 ‘‘(1) IN GENERAL.—Three years after the date 

20 on which a person who is adjudicated delinquent 

21 under this chapter for a juvenile nonviolent offense 

22 completes every term of probation, official detention, 

23 or juvenile delinquent supervision ordered by the 

24 court with respect to the offense, the court shall 


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1 order the sealing of each juvenile record or portion 

2 thereof that relates to the offense if the person— 

3 ‘‘(A) has not been convicted of a crime or 

4 adjudicated delinquent for an act of juvenile de5 linquency since the date of the disposition; and 

6 ‘‘(B) is not engaged in active criminal 

7 court proceedings or juvenile delinquency pro8 ceedings. 

9 ‘‘(2) AUTOMATIC NATURE OF SEALING.—The 

10 order of sealing under paragraph (1) shall require 

11 no action by the person whose juvenile records are 

12 to be sealed. 

13 ‘‘(3) NOTICE OF AUTOMATIC SEALING.—A 

14 court that orders the sealing of a juvenile record of 

15 a person under paragraph (1) shall, in writing, in16 form the person of the sealing and the benefits of 

17 sealing the record, including protection from civil 

18 and criminal perjury, false swearing, and false state19 ment laws with respect to the record. 

20 ‘‘(b) PETITIONING FOR EARLY SEALING OF NON21 VIOLENT OFFENSES.— 

22 ‘‘(1) RIGHT TO FILE SEALING PETITION.— 

23 ‘‘(A) IN GENERAL.—During the 3-year pe24 riod beginning on the date on which a person 

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1 ter for a juvenile nonviolent offense completes 

2 every term of probation, official detention, or 

3 juvenile delinquent supervision ordered by the 

4 court with respect to the offense, the person 

5 may petition the court to seal the juvenile 

6 records that relate to the offense. 

7 ‘‘(B) NOTICE OF OPPORTUNITY TO FILE

8 PETITION.—If a person is adjudged delinquent 

9 for a juvenile nonviolent offense, the court in 

10 which the person is adjudged delinquent shall, 

11 in writing, inform the person of the potential 

12 eligibility of the person to file a sealing petition 

13 with respect to the offense upon completing 

14 every term of probation, official detention, or 

15 juvenile delinquent supervision ordered by the 

16 court with respect to the offense, and the nec17 essary procedures for filing the sealing peti18 tion— 

19 ‘‘(i) on the date on which the indi20 vidual is adjudged delinquent; and 

21 ‘‘(ii) on the date on which the indi22 vidual has completed every term of proba23 tion, official detention, or juvenile delin24 quent supervision ordered by the court 

25 with respect to the offense. 


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1 ‘‘(2) PROCEDURES.— 

2 ‘‘(A) NOTIFICATION TO PROSECUTOR.—If 

3 a person files a sealing petition with respect to 

4 a juvenile nonviolent offense, the court in which 

5 the petition is filed shall provide notice of the 

6 petition— 

7 ‘‘(i) to the Attorney General; and 

8 ‘‘(ii) upon the request of the peti9 tioner, to any other individual that the pe10 titioner determines may testify as to— 

11 ‘‘(I) the conduct of the petitioner 

12 since the date of the offense; or 

13 ‘‘(II) the reasons that the sealing 

14 order should be entered. 

15 ‘‘(B) HEARING.— 

16 ‘‘(i) IN GENERAL.—Not later than 

17 180 days after the date on which a person 

18 files a sealing petition, the court shall— 

19 ‘‘(I) except as provided in clause 

20 (iii), conduct a hearing in accordance 

21 with clause (ii); and 

22 ‘‘(II) determine whether to enter 

23 a sealing order for the person in ac24 cordance with subparagraph (C). 


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1 ‘‘(ii) OPPORTUNITY TO TESTIFY AND

2 OFFER EVIDENCE.— 

3 ‘‘(I) PETITIONER.—The peti4 tioner may testify or offer evidence at 

5 the sealing hearing in support of seal6 ing. 

7 ‘‘(II) PROSECUTOR.—The Attor8 ney General may send a representa9 tive to testify or offer evidence at the 

10 sealing hearing in support of or 

11 against sealing. 

12 ‘‘(III) OTHER INDIVIDUALS.—An 

13 individual who receives notice under 

14 subparagraph (A)(ii) may testify or 

15 offer evidence at the sealing hearing 

16 as to the issues described in sub17 clauses (I) and (II) of that subpara18 graph. 

19 ‘‘(iii) WAIVER OF HEARING.—If the 

20 petitioner and the Attorney General so 

21 agree, the court shall make a determina22 tion under subparagraph (C) without a 

23 hearing. 


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1 ‘‘(C) BASIS FOR DECISION.—The court 

2 shall determine whether to grant the sealing pe3 tition after considering— 

4 ‘‘(i) the sealing petition and any docu5 ments in the possession of the court; 

6 ‘‘(ii) all the evidence and testimony 

7 presented at the sealing hearing, if such a 

8 hearing is conducted; 

9 ‘‘(iii) the best interests of the peti10 tioner; 

11 ‘‘(iv) the age of the petitioner during 

12 his or her contact with the court or any 

13 law enforcement agency; 

14 ‘‘(v) the nature of the juvenile non15 violent offense; 

16 ‘‘(vi) the disposition of the case; 

17 ‘‘(vii) the manner in which the peti18 tioner participated in any court-ordered re19 habilitative programming or supervised 

20 services; 

21 ‘‘(viii) the length of the time period 

22 during which the petitioner has been with23 out contact with any court or law enforce24 ment agency; 


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1 ‘‘(ix) whether the petitioner has had 

2 any criminal or juvenile delinquency in3 volvement since the disposition of the juve4 nile delinquency proceeding; and 

5 ‘‘(x) the adverse consequences the pe6 titioner may suffer if the petition is not 

7 granted. 

8 ‘‘(D) WAITING PERIOD AFTER DENIAL.—If 

9 the court denies a sealing petition, the peti10 tioner may not file a new sealing petition with 

11 respect to the same juvenile nonviolent offense 

12 until the date that is 2 years after the date of 

13 the denial. 

14 ‘‘(E) UNIVERSAL FORM.—The Director of 

15 the Administrative Office of the United States 

16 Courts shall create a universal form, available 

17 over the Internet and in paper form, that an in18 dividual may use to file a sealing petition. 

19 ‘‘(F) NO FEE FOR SEALING.—There shall 

20 be no cost for filing a sealing petition. 

21 ‘‘(G) REPORTING.—Not later than 2 years 

22 after the date of enactment of this section, and 

23 each year thereafter, each district court of the 

24 United States shall issue a public report that— 

25 ‘‘(i) describes— 


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1 ‘‘(I) the number of sealing peti2 tions granted and denied under this 

3 subsection; and 

4 ‘‘(II) the number of instances in 

5 which the Attorney General supported 

6 or opposed a sealing petition; 

7 ‘‘(ii) includes any supporting data 

8 that the court determines relevant and that 

9 does not name any petitioner; and 

10 ‘‘(iii) disaggregates all relevant data 

11 by race, ethnicity, gender, and the nature 

12 of the offense. 

13 ‘‘(H) PUBLIC DEFENDER ELIGIBILITY.— 

14 ‘‘(i) PETITIONERS UNDER AGE 18.— 

15 The district court shall appoint counsel in 

16 accordance with the plan of the district 

17 court in operation under section 3006A to 

18 represent a petitioner for purposes of this 

19 subsection if the petitioner is less than 18 

20 years of age. 

21 ‘‘(ii) PETITIONERS AGE 18 AND

22 OLDER.— 

23 ‘‘(I) DISCRETION OF COURT.—In 

24 the case of a petitioner who not less 

25 than 18 years of age, the district 


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•S 827 IS

1 court may, in its discretion, appoint 

2 counsel in accordance with the plan of 

3 the district court in operation under 

4 section 3006A to represent the peti5 tioner for purposes of this subsection. 

6 ‘‘(II) CONSIDERATIONS.—In de7 termining whether to appoint counsel 

8 under subclause (I), the court shall 

9 consider— 

10 ‘‘(aa) the anticipated com11 plexity of the sealing hearing, in12 cluding the number and type of 

13 witnesses called to advocate 

14 against the sealing of the records 

15 of the petitioner; and 

16 ‘‘(bb) the potential for ad17 verse testimony by a victim or a 

18 representative of the Attorney 

19 General. 

20 ‘‘(c) EFFECT OF SEALING ORDER.— 

21 ‘‘(1) IN GENERAL.—Except as provided in this 

22 subsection, if a court orders the sealing of a juvenile 

23 record under subsection (a) or (b) with respect to a 

24 juvenile nonviolent offense, the offense and any ar25 rest, juvenile delinquency proceeding, adjudication, 


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•S 827 IS

1 or other result of such proceeding relating to the of2 fense shall be treated as if it never occurred. 

3 ‘‘(2) VERIFICATION OF SEALING.—If a court 

4 orders the sealing of a juvenile record under sub5 section (a) or (b) with respect to a juvenile non6 violent offense, the court shall— 

7 ‘‘(A) send a copy of the sealing order to 

8 each entity or person known to the court that 

9 possesses a record relating to the offense, in10 cluding each— 

11 ‘‘(i) law enforcement agency; and 

12 ‘‘(ii) public or private correctional or 

13 detention facility; 

14 ‘‘(B) in the sealing order, require each en15 tity or person described in subparagraph (A) 

16 to— 

17 ‘‘(i) seal the record; and 

18 ‘‘(ii) submit a written certification to 

19 the court, under penalty of perjury, that 

20 the entity or person has sealed each paper 

21 and electronic copy of the record; 

22 ‘‘(C) seal each paper and electronic copy of 

23 the record in the possession of the court; and 

24 ‘‘(D) after receiving a written certification 

25 from each entity or person under subparagraph 


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1 (B)(ii), notify the petitioner that each entity or 

2 person described in subparagraph (A) has 

3 sealed each paper and electronic copy of the 

4 record. 

5 ‘‘(3) PROTECTION FROM PERJURY LAWS.—Ex6 cept as provided in paragraph (5)(C)(i), the person 

7 who is the subject of a juvenile record sealed under 

8 subsection (a) or (b) or a parent of the person shall 

9 not be subject to prosecution under any civil or 

10 criminal provision of Federal or State law relating to 

11 perjury, false swearing, or making a false statement, 

12 including section 1001, 1621, 1622, or 1623, for 

13 failing to acknowledge the record or respond to any 

14 inquiry made of the person or the parent, relating 

15 to the record, for any purpose. 

16 ‘‘(4) LAW ENFORCEMENT ACCESS TO SEALED

17 RECORDS.—A law enforcement agency may access a 

18 sealed juvenile record of a person solely— 

19 ‘‘(A) to determine whether the person is el20 igible for a first-time-offender diversion pro21 gram; 

22 ‘‘(B) for investigatory or prosecutorial pur23 poses within the juvenile justice system; or 

24 ‘‘(C) for a background check that relates 

25 to— 


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1 ‘‘(i) law enforcement employment; or 

2 ‘‘(ii) any position that a Federal agen3 cy designates as a— 

4 ‘‘(I) national security position; or 

5 ‘‘(II) high-risk, public trust posi6 tion. 

7 ‘‘(5) PROHIBITION ON DISCLOSURE.— 

8 ‘‘(A) PROHIBITION.—Except as provided 

9 in subparagraph (C), it shall be unlawful to in10 tentionally make or attempt to make an unau11 thorized disclosure of any information from a 

12 sealed juvenile record in violation of this sec13 tion. 

14 ‘‘(B) PENALTY.—Any person who violates 

15 subparagraph (A) shall be fined under this title, 

16 imprisoned for not more than 1 year, or both. 

17 ‘‘(C) EXCEPTIONS.— 

18 ‘‘(i) BACKGROUND CHECKS.—A per19 son who is the subject of a juvenile record 

20 sealed under this section shall, and a Fed21 eral or State law enforcement agency that 

22 possesses such a record may, disclose the 

23 record in the case of a background check 

24 for— 


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•S 827 IS

1 ‘‘(I) law enforcement employ2 ment; or 

3 ‘‘(II) any employment that re4 quires a government security clear5 ance. 

6 ‘‘(ii) DISCLOSURE TO ARMED

7 FORCES.—A person may disclose informa8 tion from a sealed juvenile record to the 

9 Secretaries of the military departments (or 

10 the Secretary of Homeland Security with 

11 respect to the Coast Guard when it is not 

12 operating as a service in the Navy) for the 

13 purpose of vetting an enlistment or com14 mission, or with regard to any member of 

15 the Armed Forces. 

16 ‘‘(iii) CRIMINAL AND JUVENILE PRO17 CEEDINGS.—A prosecutor may disclose in18 formation from a juvenile record sealed 

19 under this section if the information per20 tains to a potential witness in a Federal or 

21 State— 

22 ‘‘(I) criminal proceeding; or 

23 ‘‘(II) juvenile delinquency pro24 ceeding. 


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•S 827 IS

1 ‘‘(iv) AUTHORIZATION FOR PERSON

2 TO DISCLOSE OWN RECORD.—A person 

3 who is the subject of a juvenile record 

4 sealed under this section may choose to 

5 disclose the record. 

6 ‘‘§ 5044. Expungement 

7 ‘‘(a) AUTOMATIC EXPUNGEMENT OF CERTAIN

8 RECORDS.— 

9 ‘‘(1) ATTORNEY GENERAL MOTION.— 

10 ‘‘(A) NONVIOLENT OFFENSES COMMITTED

11 BEFORE A PERSON TURNED 15.—If a person is 

12 adjudicated delinquent under this chapter for a 

13 juvenile nonviolent offense committed before the 

14 person attained 15 years of age, on the date on 

15 which the person attains 18 years of age, the 

16 Attorney General shall file a motion in the dis17 trict court of the United States in which the 

18 person was adjudicated delinquent requesting 

19 that each juvenile record of the person that re20 lates to the offense be expunged. 

21 ‘‘(B) ARRESTS.—If a juvenile is arrested 

22 for an offense for which a juvenile delinquency 

23 proceeding is not instituted under this sub24 chapter, the Attorney General shall file a mo25 tion in the district court of the United States 


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•S 827 IS

1 that would have had jurisdiction of the pro2 ceeding requesting that each juvenile record re3 lating to the arrest be expunged. 

4 ‘‘(C) EXPUNGEMENT ORDER.—Upon the 

5 filing of a motion in a district court of the 

6 United States with respect to a juvenile non7 violent offense under subparagraph (A) or an 

8 arrest for an offense under subparagraph (B), 

9 the court shall grant the motion and order that 

10 each juvenile record relating to the offense or 

11 arrest, as applicable, be expunged. 

12 ‘‘(2) DISMISSED CASES.—If a district court of 

13 the United States dismisses an information with re14 spect to a juvenile under this subchapter or finds a 

15 juvenile not to be delinquent in a juvenile delin16 quency proceeding under this subchapter, the court 

17 shall concurrently order that each juvenile record re18 lating to the applicable proceeding be expunged. 

19 ‘‘(3) AUTOMATIC NATURE OF EXPUNGEMENT.— 

20 An order of expungement under paragraph (1)(C) or 

21 (2) shall not require any action by the person whose 

22 records are to be expunged. 

23 ‘‘(4) NOTICE OF AUTOMATIC EXPUNGEMENT.— 

24 A court that orders the expungement of a juvenile 

25 record of a person under paragraph (1)(C) or (2) 


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•S 827 IS

1 shall, in writing, inform the person of the 

2 expungement and the benefits of expunging the 

3 record, including protection from civil and criminal 

4 perjury, false swearing, and false statement laws 

5 with respect to the record. 

6 ‘‘(b) PETITIONING FOR EXPUNGEMENT OF NON7 VIOLENT OFFENSES.— 

8 ‘‘(1) IN GENERAL.—A person who is adjudged 

9 delinquent under this chapter for a juvenile non10 violent offense committed on or after the date on 

11 which the person attained 15 years of age may peti12 tion the court in which the proceeding took place to 

13 order the expungement of the juvenile record that 

14 relates to the offense. 

15 ‘‘(2) PROCEDURES.— 

16 ‘‘(A) NOTIFICATION OF PROSECUTOR AND

17 VICTIMS.—If a person files an expungement pe18 tition with respect to a juvenile nonviolent of19 fense, the court in which the petition is filed 

20 shall provide notice of the petition— 

21 ‘‘(i) to the Attorney General; and 

22 ‘‘(ii) upon the request of the peti23 tioner, to any other individual that the pe24 titioner determines may testify as to— 


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1 ‘‘(I) the conduct of the petitioner 

2 since the date of the offense; or 

3 ‘‘(II) the reasons that the 

4 expungement order should be entered. 

5 ‘‘(B) HEARING.— 

6 ‘‘(i) IN GENERAL.—Not later than 

7 180 days after the date on which a person 

8 files an expungement petition, the court 

9 shall— 

10 ‘‘(I) except as provided in clause 

11 (iii), conduct a hearing in accordance 

12 with clause (ii); and 

13 ‘‘(II) determine whether to enter 

14 an expungement order for the person 

15 in accordance with subparagraph (C). 

16 ‘‘(ii) OPPORTUNITY TO TESTIFY AND

17 OFFER EVIDENCE.— 

18 ‘‘(I) PETITIONER.—The peti19 tioner may testify or offer evidence at 

20 the expungement hearing in support 

21 of expungement. 

22 ‘‘(II) PROSECUTOR.—The Attor23 ney General may send a representa24 tive to testify or offer evidence at the 


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•S 827 IS

1 expungement hearing in support of or 

2 against expungement. 

3 ‘‘(III) OTHER INDIVIDUALS.—An 

4 individual who receives notice under 

5 subparagraph (A)(ii) may testify or 

6 offer evidence at the expungement 

7 hearing as to the issues described in 

8 subclauses (I) and (II) of that sub9 paragraph. 

10 ‘‘(C) BASIS FOR DECISION.—The court 

11 shall determine whether to grant an 

12 expungement petition after considering— 

13 ‘‘(i) the petition and any documents in 

14 the possession of the court; 

15 ‘‘(ii) all the evidence and testimony 

16 presented at the expungement hearing, if 

17 such a hearing is conducted; 

18 ‘‘(iii) the best interests of the peti19 tioner; 

20 ‘‘(iv) the age of the petitioner during 

21 his or her contact with the court or any 

22 law enforcement agency; 

23 ‘‘(v) the nature of the juvenile non24 violent offense; 

25 ‘‘(vi) the disposition of the case; 


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1 ‘‘(vii) the manner in which the peti2 tioner participated in any court-ordered re3 habilitative programming or supervised 

4 services; 

5 ‘‘(viii) the length of the time period 

6 during which the petitioner has been with7 out contact with any court or any law en8 forcement agency; 

9 ‘‘(ix) whether the petitioner has had 

10 any criminal or juvenile delinquency in11 volvement since the disposition of the juve12 nile delinquency proceeding; and 

13 ‘‘(x) the adverse consequences the pe14 titioner may suffer if the petition is not 

15 granted. 

16 ‘‘(D) WAITING PERIOD AFTER DENIAL.—If 

17 the court denies an expungement petition, the 

18 petitioner may not file a new expungement peti19 tion with respect to the same offense until the 

20 date that is 2 years after the date of the denial. 

21 ‘‘(E) UNIVERSAL FORM.—The Director of 

22 the Administrative Office of the United States 

23 Courts shall create a universal form, available 

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1 dividual may use to file an expungement peti2 tion. 

3 ‘‘(F) NO FEE FOR EXPUNGEMENT.—There 

4 shall be no cost for filing an expungement peti5 tion. 

6 ‘‘(G) REPORTING.—Not later than 2 years 

7 after the date of enactment of this section, and 

8 each year thereafter, each district court of the 

9 United States shall issue a public report that— 

10 ‘‘(i) describes— 

11 ‘‘(I) the number of expungement 

12 petitions granted and denied under 

13 this subsection; and 

14 ‘‘(II) the number of instances in 

15 which the Attorney General supported 

16 or opposed an expungement petition; 

17 ‘‘(ii) includes any supporting data 

18 that the court determines relevant and that 

19 does not name any petitioner; and 

20 ‘‘(iii) disaggregates all relevant data 

21 by race, ethnicity, gender, and the nature 

22 of the offense. 

23 ‘‘(H) PUBLIC DEFENDER ELIGIBILITY.— 

24 ‘‘(i) PETITIONERS UNDER AGE 18.— 

25 The district court shall appoint counsel in 


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•S 827 IS

1 accordance with the plan of the district 

2 court in operation under section 3006A to 

3 represent a petitioner for purposes of this 

4 subsection if the petitioner is less than 18 

5 years of age. 

6 ‘‘(ii) PETITIONERS AGE 18 AND

7 OLDER.— 

8 ‘‘(I) DISCRETION OF COURT.—In 

9 the case of a petitioner who not less 

10 than 18 years of age, the district 

11 court may, in its discretion, appoint 

12 counsel in accordance with the plan of 

13 the district court in operation under 

14 section 3006A to represent the peti15 tioner for purposes of this subsection. 

16 ‘‘(II) CONSIDERATIONS.—In de17 termining whether to appoint counsel 

18 under subclause (I), the court shall 

19 consider— 

20 ‘‘(aa) the anticipated com21 plexity of the expungement hear22 ing, including the number and 

23 type of witnesses called to advo24 cate against the expungement of 

25 the records of the petitioner; and 


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•S 827 IS

1 ‘‘(bb) the potential for ad2 verse testimony by a victim or a 

3 representative of the Attorney 

4 General. 

5 ‘‘(c) EFFECT OF EXPUNGED JUVENILE RECORD.— 

6 ‘‘(1) IN GENERAL.—Except as provided in this 

7 subsection, if a court orders the expungement of a 

8 juvenile record under subsection (a) or (b) with re9 spect to a juvenile nonviolent offense— 

10 ‘‘(A) the offense and any arrest, juvenile 

11 delinquency proceeding, adjudication, or other 

12 result of such proceeding relating to the offense 

13 shall be treated as if it never occurred; and 

14 ‘‘(B) the person to whom the record per15 tains shall not be required to disclose the exist16 ence of the record. 

17 ‘‘(2) VERIFICATION OF EXPUNGEMENT.—If a 

18 court orders the expungement of a juvenile record 

19 under subsection (a) or (b) with respect to a juvenile 

20 nonviolent offense, the court shall— 

21 ‘‘(A) send a copy of the expungement order 

22 to each entity or person known to the court 

23 that possesses a record relating to the offense, 

24 including each— 

25 ‘‘(i) law enforcement agency; and 


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•S 827 IS

1 ‘‘(ii) public or private correctional or 

2 detention facility; 

3 ‘‘(B) in the expungement order, require 

4 each entity or person described in subparagraph 

5 (A) to— 

6 ‘‘(i) destroy the record; and 

7 ‘‘(ii) submit a written certification to 

8 the court, under penalty of perjury, that 

9 the entity or person has destroyed each 

10 paper and electronic copy of the record; 

11 ‘‘(C) destroy each paper and electronic 

12 copy of the record in the possession of the 

13 court; and 

14 ‘‘(D) after receiving a written certification 

15 from each entity or person under subparagraph 

16 (B)(ii), notify the petitioner that each entity or 

17 person described in subparagraph (A) has de18 stroyed each paper and electronic copy of the 

19 record. 

20 ‘‘(3) REPLY TO INQUIRIES.—In the case of an 

21 inquiry relating to a juvenile record of a person that 

22 is expunged under this section, the court in which 

23 the proceeding took place, each law enforcement offi24 cer, any agency that provided treatment or rehabili25 tation services to the person, and the person (except 


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•S 827 IS

1 as provided in paragraph (6)) shall reply to the in2 quiry that no such juvenile record exists. 

3 ‘‘(4) PROTECTION FROM PERJURY LAWS.—Ex4 cept as provided in paragraph (5), if a juvenile 

5 record of a person is expunged under this section, 

6 the person who is the subject of the record or a par7 ent of the person shall not be subject to prosecution 

8 under any civil or criminal provision of Federal or 

9 State law relating to perjury, false swearing, or 

10 making a false statement, including section 1001, 

11 1621, 1622, or 1623, for failing to acknowledge the 

12 record or respond to any inquiry made of the person 

13 or the parent, relating to the record, for any pur14 pose. 

15 ‘‘(5) CIVIL ACTIONS.— 

16 ‘‘(A) IN GENERAL.—If a person whose ju17 venile record is expunged under this section 

18 brings an action that might be defended with 

19 the contents of the record, there shall be a re20 buttable presumption that the defendant has a 

21 complete defense to the action. 

22 ‘‘(B) SHOWING BY PLAINTIFF.—In an ac23 tion described in subparagraph (A), the plaintiff 

24 may rebut the presumption of a complete de25 fense by showing that the contents of the exVerDate Sep 11 2014 23:42 Apr 10, 2017 Jkt 069200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S827.IS S827

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1 punged record would not prevent the defendant 

2 from being liable. 

3 ‘‘(C) DUTY TO TESTIFY AS TO EXISTENCE

4 OF RECORD.—The court in which an action de5 scribed in subparagraph (A) is filed may re6 quire the plaintiff to state under oath whether 

7 the plaintiff had a juvenile record and whether 

8 the record was expunged. 

9 ‘‘(D) PROOF OF EXISTENCE OF JUVENILE

10 RECORD.—If the plaintiff in an action described 

11 in subparagraph (A) denies the existence of a 

12 juvenile record, the defendant may prove the ex13 istence of the record in any manner compatible 

14 with the applicable laws of evidence. 

15 ‘‘(6) CRIMINAL AND JUVENILE PRO16 CEEDINGS.—A prosecutor may disclose information 

17 from a juvenile record expunged under this section 

18 if the information pertains to a potential witness in 

19 a Federal or State— 

20 ‘‘(A) criminal proceeding; or 

21 ‘‘(B) juvenile delinquency proceeding. 

22 ‘‘(7) AUTHORIZATION FOR PERSON TO DIS23 CLOSE OWN RECORD.—A person who is the subject 

24 of a juvenile record expunged under this section may 

25 choose to disclose the record.’’. 


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1 (2) TECHNICAL AND CONFORMING AMEND2 MENT.—The table of sections for chapter 403 of 

3 title 18, United States Code, is amended by adding 

4 at the end the following: 

‘‘5043. Sealing. 

‘‘5044. Expungement.’’. 

5 (3) APPLICABILITY.—Sections 5043 and 5044 

6 of title 18, United States Code, as added by para7 graph (1), shall apply with respect to a juvenile non8 violent offense (as defined in section 5031 of such 

9 title, as amended by subsection (b)) that is com10 mitted or alleged to have been committed before, on, 

11 or after the date of enactment of this Act. 

12 (e) JUVENILE SOLITARY CONFINEMENT.— 

13 (1) IN GENERAL.—Chapter 403 of title 18, 

14 United States Code, as amended by this Act, is fur15 ther amended by adding at the end the following: 

16 ‘‘§ 5045. Juvenile solitary confinement 

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

18 ‘‘(1) the term ‘covered juvenile’ means— 

19 ‘‘(A) a juvenile who— 

20 ‘‘(i) is being proceeded against under 

21 this chapter for an alleged act of juvenile 

22 delinquency; or 

23 ‘‘(ii) has been adjudicated delinquent 

24 under this chapter; or 


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1 ‘‘(B) a juvenile who is being proceeded 

2 against as an adult in a district court of the 

3 United States for an alleged criminal offense; 

4 ‘‘(2) the term ‘juvenile facility’ means any facil5 ity where covered juveniles are— 

6 ‘‘(A) committed pursuant to an adjudica7 tion of delinquency under this chapter; or 

8 ‘‘(B) detained prior to disposition or con9 viction; and 

10 ‘‘(3) the term ‘room confinement’ means the in11 voluntary placement of a covered juvenile alone in a 

12 cell, room, or other area for any reason. 

13 ‘‘(b) PROHIBITION ON ROOM CONFINEMENT IN JU14 VENILE FACILITIES.— 

15 ‘‘(1) IN GENERAL.—The use of room confine16 ment at a juvenile facility for discipline, punishment, 

17 retaliation, or any reason other than as a temporary 

18 response to a covered juvenile’s behavior that poses 

19 a serious and immediate risk of physical harm to 

20 any individual, including the covered juvenile, is pro21 hibited. 

22 ‘‘(2) JUVENILES POSING RISK OF HARM.— 

23 ‘‘(A) REQUIREMENT TO USE LEAST RE24 STRICTIVE TECHNIQUES.— 


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1 ‘‘(i) IN GENERAL.—Before a staff 

2 member of a juvenile facility places a cov3 ered juvenile in room confinement, the 

4 staff member shall attempt to use less re5 strictive techniques, including— 

6 ‘‘(I) talking with the covered ju7 venile in an attempt to de-escalate the 

8 situation; and 

9 ‘‘(II) permitting a qualified men10 tal health professional, or a staff 

11 member who has received training in 

12 de-escalation techniques and trauma13 informed care, to talk to the covered 

14 juvenile. 

15 ‘‘(ii) EXPLANATION.—If, after at16 tempting to use less restrictive techniques 

17 as required under clause (i), a staff mem18 ber of a juvenile facility decides to place a 

19 covered juvenile in room confinement, the 

20 staff member shall first— 

21 ‘‘(I) explain to the covered juve22 nile the reasons for the room confine23 ment; and 


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1 ‘‘(II) inform the covered juvenile 

2 that release from room confinement 

3 will occur— 

4 ‘‘(aa) immediately when the 

5 covered juvenile regains self-con6 trol, as described in subpara7 graph (B)(i); or 

8 ‘‘(bb) not later than after 

9 the expiration of the time period 

10 described in subclause (I) or (II) 

11 of subparagraph (B)(ii), as appli12 cable. 

13 ‘‘(B) MAXIMUM PERIOD OF CONFINE14 MENT.—If a covered juvenile is placed in room 

15 confinement because the covered juvenile poses 

16 a serious and immediate risk of physical harm 

17 to himself or herself, or to others, the covered 

18 juvenile shall be released— 

19 ‘‘(i) immediately when the covered ju20 venile has sufficiently gained control so as 

21 to no longer engage in behavior that 

22 threatens serious and immediate risk of 

23 physical harm to himself or herself, or to 

24 others; or 


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1 ‘‘(ii) if a covered juvenile does not suf2 ficiently gain control as described in clause 

3 (i), not later than— 

4 ‘‘(I) 3 hours after being placed in 

5 room confinement, in the case of a 

6 covered juvenile who poses a serious 

7 and immediate risk of physical harm 

8 to others; or 

9 ‘‘(II) 30 minutes after being 

10 placed in room confinement, in the 

11 case of a covered juvenile who poses a 

12 serious and immediate risk of physical 

13 harm only to himself or herself. 

14 ‘‘(C) RISK OF HARM AFTER MAXIMUM PE15 RIOD OF CONFINEMENT.—If, after the applica16 ble maximum period of confinement under sub17 clause (I) or (II) of subparagraph (B)(ii) has 

18 expired, a covered juvenile continues to pose a 

19 serious and immediate risk of physical harm de20 scribed in that subclause— 

21 ‘‘(i) the covered juvenile shall be 

22 transferred immediately to another juvenile 

23 facility or internal location where services 

24 can be provided to the covered juvenile 

25 without relying on room confinement; or 


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1 ‘‘(ii) if a qualified mental health pro2 fessional believes the level of crisis service 

3 needed is not currently available, a staff 

4 member of the juvenile facility shall imme5 diately transport the juvenile to— 

6 ‘‘(I) an emergency medical facil7 ity; or 

8 ‘‘(II) an equivalent location that 

9 can meet the needs of the covered ju10 venile. 

11 ‘‘(D) ACTION BEFORE EXPIRATION OF

12 TIME LIMIT.—Nothing in subparagraph (C) 

13 shall be construed to prohibit an action de14 scribed in clause (i) or (ii) of that subparagraph 

15 from being taken before the applicable max16 imum period of confinement under subclause (I) 

17 or (II) of subparagraph (B)(ii) has expired. 

18 ‘‘(E) CONDITIONS.—A room used for room 

19 confinement for a juvenile shall— 

20 ‘‘(i) have not less than 80 square feet 

21 of floor space; 

22 ‘‘(ii) have adequate lighting, heating 

23 or cooling (as applicable), and ventilation 

24 for the comfort of the juvenile; 


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1 ‘‘(iii) be suicide-resistant and protru2 sion-free; and 

3 ‘‘(iv) have access to clean potable 

4 water, toilet facilities, and hygiene sup5 plies. 

6 ‘‘(F) NOTICE.— 

7 ‘‘(i) USE OF ROOM CONFINEMENT.— 

8 Not later than 1 business day after the 

9 date on which a juvenile facility places a 

10 covered juvenile in room confinement, the 

11 juvenile facility shall provide notice to the 

12 attorney of record for the juvenile. 

13 ‘‘(ii) TRANSFER.—Not later than 24 

14 hours after a covered juvenile is trans15 ferred from a juvenile facility to another 

16 location, the juvenile facility shall provide 

17 notice to— 

18 ‘‘(I) the attorney of record for 

19 the juvenile; and 

20 ‘‘(II) an authorized parent or 

21 guardian of the juvenile. 

22 ‘‘(G) SPIRIT AND PURPOSE.—The use of 

23 consecutive periods of room confinement to 

24 evade the spirit and purpose of this subsection 

25 shall be prohibited. 


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1 ‘‘(c) STUDY AND REPORT.—Not later than 2 years 

2 after the date of enactment of this section, and each year 

3 thereafter, the Attorney General shall submit to Congress 

4 a report that— 

5 ‘‘(1) contains a detailed description of the type 

6 of physical force, restraints, and room confinement 

7 used at juvenile facilities; 

8 ‘‘(2) describes the number of instances in which 

9 physical force, restraints, or room confinement are 

10 used at juvenile facilities, disaggregated by race, eth11 nicity, and gender; and 

12 ‘‘(3) contains a detailed description of steps 

13 taken, in each instance in which room confinement 

14 is used at a juvenile facility, to address and remedy 

15 the underlying issue that led to behavioral interven16 tion resulting in the use of room confinement, in17 cluding any positive or negative outcomes.’’. 

18 (2) TECHNICAL AND CONFORMING AMEND19 MENT.—The table of sections for chapter 403 of 

20 title 18, United States Code, as amended by this 

21 Act, is further amended by adding at the end the 

22 following: 

‘‘5045. Juvenile solitary confinement.’’. 

23 SEC. 4. STUDY AND REPORT ON COST SAVINGS FROM SEAL24 ING AND EXPUNGEMENT PROVISIONS. 

25 (a) STUDY.— 


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1 (1) IN GENERAL.—Not later than 5 years after 

2 the date of enactment of this Act, the Attorney Gen3 eral, in consultation with the Secretary of Labor and 

4 the Director of the Office of Management and Budg5 et, shall conduct a study on the cost savings and 

6 broader economic impact of the sealing and 

7 expungement provisions in the amendments made by 

8 sections 2, 3, and 6 of this Act. 

9 (2) CONSIDERATIONS.—In conducting the study 

10 under paragraph (1), the Attorney General shall 

11 consider— 

12 (A) the reduction in recidivism and associ13 ated cost savings related to corrections and 

14 public safety; 

15 (B) increased economic activity by former 

16 offenders, including by conducting an analysis 

17 of the tax revenue generated by that activity; 

18 and 

19 (C) the economic impact on the household 

20 of former offenders and the children of former 

21 offenders. 

22 (b) REPORT.—Not later than 5 years after the date 

23 of enactment of this Act, the Attorney General shall sub24 mit to Congress a report on the study conducted under 

25 subsection (a). 


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1 SEC. 5. TANF ASSISTANCE AND SNAP BENEFITS. 

2 (a) AMENDMENT TO BAN ON ASSISTANCE.—Section 

3 115 of the Personal Responsibility and Work Opportunity 

4 Reconciliation Act of 1996 (21 U.S.C. 862a) is amend5 ed— 

6 (1) in subsection (a)— 

7 (A) by redesignating paragraphs (1) and 

8 (2) as subparagraphs (A) and (B), respectively, 

9 and adjusting the margins accordingly; 

10 (B) in the matter preceding subparagraph 

11 (A), as redesignated— 

12 (i) by striking ‘‘An individual’’ and in13 serting the following: 

14 ‘‘(1) DENIAL OF ASSISTANCE AND BENEFITS.— 

15 Except as provided in paragraph (2), an individual’’; 

16 and 

17 (ii) by striking ‘‘possession, use, or’’; 

18 and 

19 (C) by adding at the end the following: 

20 ‘‘(2) EXCEPTION FOR INDIVIDUALS WHO RE21 CEIVE TREATMENT AND OTHER INDIVIDUALS.—The 

22 prohibition under paragraph (1) shall not apply to 

23 an individual convicted of an offense described in 

24 paragraph (1) who— 

25 ‘‘(A)(i) has successfully completed a cer26 tified substance abuse treatment program; and 


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1 ‘‘(ii) has not committed a subsequent of2 fense described in paragraph (1); 

3 ‘‘(B) is participating in a certified sub4 stance abuse treatment program; 

5 ‘‘(C)(i) is eligible for and has sought to 

6 participate in a certified substance abuse treat7 ment program; and 

8 ‘‘(ii) agrees to immediately enroll and par9 ticipate in a certified substance abuse treatment 

10 program once a slot becomes available for the 

11 individual; 

12 ‘‘(D) is a custodial parent; 

13 ‘‘(E)(i) is suffering from a serious illness, 

14 other than a substance abuse disorder; and 

15 ‘‘(ii) provides documentation of the illness 

16 described in clause (i) with a letter of diagnosis 

17 from a medical provider; 

18 ‘‘(F) is pregnant; or 

19 ‘‘(G) is in compliance with the terms of the 

20 sentence imposed on the individual for the con21 viction.’’; 

22 (2) in subsection (d), by striking ‘‘the date of 

23 the enactment of this Act’’ each place that term ap24 pears and inserting ‘‘the date of enactment of the 


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1 Record Expungement Designed to Enhance Employ2 ment Act of 2017’’; 

3 (3) by striking subsection (e) and inserting the 

4 following: 

5 ‘‘(e) DEFINITIONS.—For purposes of this section— 

6 ‘‘(1) the term ‘certified substance abuse treat7 ment program’ means a course of substance abuse 

8 disorder treatment prescribed by a qualified behav9 ioral health provider; 

10 ‘‘(2) the term ‘custodial parent’ means an indi11 vidual who has custody of, and lives in the same 

12 household as— 

13 ‘‘(A) a dependent child who is less than 18 

14 years of age; or 

15 ‘‘(B) a disabled child of the individual who 

16 is not less than 18 years of age; 

17 ‘‘(3) the term ‘State’ has the meaning given the 

18 term— 

19 ‘‘(A) in section 419(5) of the Social Secu20 rity Act, when referring to assistance provided 

21 under a State program funded under part A of 

22 title IV of the Social Security Act; and 

23 ‘‘(B) in section 3 of the Food and Nutri24 tion Act of 2008 (7 U.S.C. 2012), when refer25 ring to the supplemental nutrition assistance 


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1 program (as defined in that section) or any 

2 State program carried out under that Act; and 

3 ‘‘(4) the term ‘successfully completed’, with re4 spect to an individual who participates in a certified 

5 substance abuse treatment program, means the indi6 vidual has completed the prescribed course of treat7 ment for a substance abuse disorder.’’; and 

8 (4) in subsection (f), by striking paragraph (5) 

9 and inserting the following: 

10 ‘‘(5) Employment services, including job train11 ing programs and any other employment services 

12 that are funded using assistance or benefits referred 

13 to in subsection (a).’’. 

14 (b) EFFECT ON STATE ELECTIONS TO OPT OUT OR

15 LIMIT PERIOD OF PROHIBITION.— 

16 (1) DEFINITIONS.—In this subsection— 

17 (A) the term ‘‘State’’ has the meaning 

18 given the term in section 115(e) of the Personal 

19 Responsibility and Work Opportunity Reconcili20 ation Act of 1996 (21 U.S.C. 862a(e)); and 

21 (B) the term ‘‘TANF assistance or SNAP 

22 benefits’’ means assistance or benefits referred 

23 to in section 115(a) of the Personal Responsi24 bility and Work Opportunity Reconciliation Act 

25 of 1996. 


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1 (2) EFFECT.—A law enacted by a State under 

2 the authority under subparagraph (A) or (B) of sub3 section (d)(1) of section 115 of the Personal Respon4 sibility and Work Opportunity Reconciliation Act of 

5 1996 (21 U.S.C. 862a) (as in effect on the day be6 fore the date of enactment of this Act), and any 

7 State law or regulation enacted to carry out the re8 quirements of such section (as in effect on the day 

9 before the date of enactment of this Act), that im10 poses conditions on eligibility for TANF assistance 

11 or SNAP benefits that are more restrictive than the 

12 conditions on eligibility for TANF assistance or 

13 SNAP benefits under such section as amended by 

14 subsection (a) shall have no force or effect. 

15 SEC. 6. STATE INCENTIVES. 

16 (a) COPS GRANTS PRIORITY.—Section 1701 of title 

17 I of the Omnibus Crime Control and Safe Streets Act of 

18 1968 (42 U.S.C. 3796dd) is amended— 

19 (1) in subsection (c)— 

20 (A) in paragraph (2), by striking ‘‘or’’ at 

21 the end; 

22 (B) in paragraph (3), by striking the pe23 riod at the end and inserting ‘‘; or’’; and 

24 (C) by adding at the end the following: 


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1 ‘‘(4) subject to subsection (l)(1), from an appli2 cant in a State that has in effect— 

3 ‘‘(A) a law relating to the confidentiality, 

4 sealing, and expungement of juvenile records 

5 that is substantially similar to, or more gen6 erous to the former offender than, the amend7 ments made by subsections (b) through (d) of 

8 section 3 of the Record Expungement Designed 

9 to Enhance Employment Act of 2017; 

10 ‘‘(B) a law prohibiting juvenile solitary 

11 confinement that is substantially similar to, or 

12 more restrictive than, the amendment made by 

13 subsection (e) of section 3 of the Record 

14 Expungement Designed to Enhance Employ15 ment Act of 2017; 

16 ‘‘(C) a law relating to the sealing of adult 

17 records that is substantially similar to, or more 

18 generous to the former offender than, the 

19 amendments made by section 2 of the Record 

20 Expungement Designed to Enhance Employ21 ment Act of 2017; 

22 ‘‘(D) subject to subsection (l)(2), a law 

23 that establishes that an adult criminal court 

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1 vidual who was less than 18 years of age when 

2 the individual committed an offense; 

3 ‘‘(E) a law that allows an individual who 

4 has successfully sealed or expunged a criminal 

5 record to be free from civil and criminal perjury 

6 laws; 

7 ‘‘(F) a law relating to the eligibility of in8 dividuals for assistance or benefits referred to 

9 in subsection (a) of section 115 of the Personal 

10 Responsibility and Work Opportunity Reconcili11 ation Act of 1996 (21 U.S.C. 862a(a)) that is 

12 no more restrictive than such section, as 

13 amended by section 5 of the Record 

14 Expungement Designed to Enhance Employ15 ment Act of 2017; or 

16 ‘‘(G) a law or policy that ensures to the 

17 maximum extent practicable, for juveniles who 

18 have been arrested for or convicted of a crimi19 nal offense— 

20 ‘‘(i) equal sentencing guidelines, with21 out regard to gender; and 

22 ‘‘(ii) equal access, without regard to 

23 gender, to services, assistance, or benefits 

24 provided.’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(l) RULES FOR PREFERENTIAL CONSIDERATION OF

2 STATES WITH LAWS SIMILAR TO REDEEM ACT.— 

3 ‘‘(1) DEGREE OF PRIORITY COMMENSURATE

4 WITH DEGREE OF COMPLIANCE.—If the Attorney 

5 General, in awarding grants under this part, gives 

6 preferential consideration to any application as au7 thorized under subsection (c)(4), the Attorney Gen8 eral shall base the degree of preferential consider9 ation given to an application from an applicant in a 

10 particular State on the number of subparagraphs 

11 under that subsection that the State has satisfied, 

12 relative to the number of such subparagraphs that 

13 each other State has satisfied. 

14 ‘‘(2) JUVENILE TRANSFER PROVISIONS.—Sub15 section (c)(4)(D) shall not be construed to preclude 

16 from preferential consideration an application from 

17 an applicant in a State that— 

18 ‘‘(A) has in effect a law that authorizes the 

19 transfer of an individual who is less than 18 

20 years of age to adult criminal court if the indi21 vidual commits a specified offense or an offense 

22 that falls under a specified category of offenses; 

23 or 

24 ‘‘(B) exercises other case-specific transfer 

25 mechanisms.’’. 


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1 (b) ATTORNEY GENERAL GUIDELINES AND TECH2 NICAL ASSISTANCE.—The Attorney General shall issue 

3 guidelines and provide technical assistance to assist States 

4 in complying with the incentive under section 1701(c)(4) 

5 of title I of the Omnibus Crime Control and Safe Streets 

6 Act of 1968 (42 U.S.C. 3796dd(c)(4)), as added by sub7 section (a). 

8 SEC. 7. GENDER EQUALITY IN FEDERAL JUVENILE DELIN9 QUENCY PROCEEDINGS. 

10 (a) DISPOSITIONS.—Section 5037 of title 18, United 

11 States Code, is amended by adding at the end the fol12 lowing: 

13 ‘‘(f) GENDER EQUALITY.— 

14 ‘‘(1) POLICY OF THE UNITED STATES.—It is 

15 the policy of the United States that there should be 

16 no disparities based on gender in dispositions of ju17 venile cases. 

18 ‘‘(2) DIRECTIVE TO SENTENCING COMMISSION

19 AND COURTS.—The United States Sentencing Com20 mission, in promulgating sentencing guidelines and 

21 policy statements applicable to dispositions of dis22 trict courts exercising jurisdiction over juveniles, and 

23 the courts, in determining such dispositions, shall 

24 take care to avoid and remedy any disparities de25 scribed in paragraph (1).’’. 


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1 (b) COMMITMENTS.—Section 5039 of title 18, United 

2 States Code, is amended, in the second paragraph, by add3 ing at the end the following: ‘‘The Attorney General shall 

4 promulgate regulations that ensure, to the maximum ex5 tent practicable, equal access, without regard to gender, 

6 to services, assistance, or benefits provided, to juveniles 

7 who have been arrested under Federal authority, or com8 mitted pursuant to an adjudication under this chapter, for 

9 juvenile delinquency.’’. 

10 SEC. 8. ENSURING ACCURACY IN THE FBI BACKGROUND 

11 CHECK SYSTEM. 

12 (a) IN GENERAL.—Section 534 of title 28, United 

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘(g) ENSURING ACCURACY IN THE FBI BACK16 GROUND CHECK SYSTEM.— 

17 ‘‘(1) DEFINITIONS.—In this subsection— 

18 ‘‘(A) the term ‘applicant’ means the indi19 vidual to whom a record sought to be exchanged 

20 pertains; 

21 ‘‘(B) the term ‘incomplete’, with respect to 

22 a record, means the record— 

23 ‘‘(i) indicates that an individual was 

24 arrested but does not describe the offense 

25 for which the individual was arrested; or 


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1 ‘‘(ii) indicates that an individual was 

2 arrested or criminal proceedings were insti3 tuted against an individual but does not 

4 include the final disposition of the arrest 

5 or of the proceedings if a final disposition 

6 has been reached; 

7 ‘‘(C) the term ‘record’ means a record or 

8 other information collected under this section; 

9 ‘‘(D) the term ‘reporting jurisdiction’ 

10 means any person or entity that provides a 

11 record to the Attorney General under this sec12 tion; and 

13 ‘‘(E) the term ‘requesting entity’— 

14 ‘‘(i) means a person or entity that 

15 seeks the exchange of a record for civil 

16 purposes that include employment, hous17 ing, credit, or any other type of applica18 tion; and 

19 ‘‘(ii) does not include a law enforce20 ment or intelligence agency that seeks the 

21 exchange of a record for— 

22 ‘‘(I) investigative purposes; or 

23 ‘‘(II) purposes relating to law en24 forcement employment. 


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1 ‘‘(2) INCOMPLETE OR INACCURATE RECORDS.— 

2 The Attorney General shall establish and enforce 

3 procedures to ensure the prompt release of accurate 

4 records exchanged for employment-related purposes 

5 through the records system created under this sec6 tion. 

7 ‘‘(3) REQUIRED PROCEDURES.—The procedures 

8 established under paragraph (2) shall include the 

9 following: 

10 ‘‘(A) INACCURATE RECORD OR INFORMA11 TION.—If the Attorney General determines that 

12 a record is inaccurate, the Attorney General 

13 shall promptly correct the record, including by 

14 making deletions to the record if appropriate. 

15 ‘‘(B) INCOMPLETE RECORD.— 

16 ‘‘(i) IN GENERAL.—If the Attorney 

17 General determines that a record is incom18 plete or cannot be verified, the Attorney 

19 General— 

20 ‘‘(I) shall attempt to complete or 

21 verify the record; and 

22 ‘‘(II) if unable to complete or 

23 verify the record, may promptly make 

24 any changes or deletions to the 

25 record. 


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1 ‘‘(ii) LACK OF DISPOSITION OF AR2 REST.—For purposes of this subpara3 graph, an incomplete record includes a 

4 record that indicates there was an arrest 

5 and does not include the disposition of the 

6 arrest. 

7 ‘‘(iii) OBTAINING DISPOSITION OF AR8 REST.—If the Attorney General determines 

9 that a record is an incomplete record de10 scribed in clause (ii), the Attorney General 

11 shall, not later than 10 days after the date 

12 on which the requesting entity requests the 

13 exchange and before the exchange is made, 

14 obtain the disposition (if any) of the ar15 rest. 

16 ‘‘(C) NOTIFICATION OF REPORTING JURIS17 DICTION.—The Attorney General shall notify 

18 each appropriate reporting jurisdiction of any 

19 action taken under subparagraph (A) or (B). 

20 ‘‘(D) OPPORTUNITY TO REVIEW RECORDS

21 BY APPLICANT.—In connection with an ex22 change of a record under this section, the At23 torney General shall— 


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1 ‘‘(i) obtain the consent of the appli2 cant to exchange the record with the re3 questing entity; 

4 ‘‘(ii) at the time of consent, notify the 

5 applicant that the applicant can obtain a 

6 copy of the record; 

7 ‘‘(iii) provide to the applicant an op8 portunity to— 

9 ‘‘(I) obtain a copy of the record 

10 upon request; and 

11 ‘‘(II) challenge the accuracy and 

12 completeness of the record; 

13 ‘‘(iv) promptly notify the requesting 

14 entity of any such challenge; 

15 ‘‘(v) not later than 30 days after the 

16 date on which the challenge is made, com17 plete an investigation of the challenge; 

18 ‘‘(vi) provide to the applicant the spe19 cific findings and results of that investiga20 tion; 

21 ‘‘(vii) promptly make any changes or 

22 deletions to the records required as a re23 sult of the challenge; and 

24 ‘‘(viii) report those changes to the re25 questing entity. 


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1 ‘‘(E) CERTAIN EXCHANGES PROHIBITED.— 

2 An exchange shall not include any record— 

3 ‘‘(i) about an arrest more than 2 

4 years old as of the date of the request for 

5 the exchange, that does not also include a 

6 disposition (if any) of that arrest; 

7 ‘‘(ii) relating to an adult or juvenile 

8 non-serious offense of the sort described in 

9 section 20.32(b) of title 28, Code of Fed10 eral Regulations, as in effect on July 1, 

11 2009; or 

12 ‘‘(iii) to the extent the record is not 

13 clearly an arrest or a disposition of an ar14 rest. 

15 ‘‘(4) FEES.—The Attorney General may collect 

16 a reasonable fee for an exchange of records for em17 ployment-related purposes through the records sys18 tem created under this section to defray the costs 

19 associated with exchanges for those purposes, includ20 ing any costs associated with the investigation of in21 accurate or incomplete records.’’. 

22 (b) REGULATIONS ON REASONABLE PROCEDURES.— 

23 Not later than 1 year after the date of enactment of this 

24 Act, the Attorney General shall issue regulations to carry 


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1 out section 534(g) of title 28, United States Code, as 

2 added by subsection (a). 

3 (c) REPORT.—Not later than 2 years after the date 

4 of enactment of this Act, the Attorney General shall sub5 mit to Congress a report on the implementation of sub6 section (g) of section 534 of title 28, United States Code, 

7 as added by subsection (a), that includes— 

8 (1) the number of exchanges of records for em9 ployment-related purposes made with entities in each 

10 State through the records system created under such 

11 section 534; 

12 (2) any prolonged failure of a reporting juris13 diction to comply with a request by the Attorney 

14 General for information about dispositions of ar15 rests; and 

16 (3) the numbers of successful and unsuccessful 

17 challenges to the accuracy and completeness of 

18 records, organized by State of origination of each 

19 record. 

20 SEC. 9. REPORT ON STATUTORY AND REGULATORY RE21 STRICTIONS AND DISQUALIFICATIONS BASED 

22 ON CRIMINAL RECORDS. 

23 (a) IN GENERAL.—Not later than 2 years after the 

24 date of enactment of this Act, the Attorney General, in 

25 consultation with the Secretary of Labor and the Director 


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1 of the Office of Personnel Management, shall submit to 

2 Congress a report on each Federal statute, regulation, or 

3 policy that authorizes a restriction on, or disqualification 

4 of, an applicant for employment or for a Federal license 

5 or permit based on the criminal record of the applicant. 

6 (b) IDENTIFICATION OF INFORMATION.—In the re7 port submitted under subsection (a), the Attorney General 

8 shall— 

9 (1) identify each occupation, position, license, 

10 or permit to which a restriction or disqualification 

11 described in subsection (a) applies; and 

12 (2) for each occupation, position, license, or 

13 permit identified under paragraph (1), include— 

14 (A) a description of the restriction or dis15 qualification; 

16 (B) the duration of the restriction or dis17 qualification; 

18 (C) an evaluation of the rationale for the 

19 restriction or disqualification and its continuing 

20 usefulness; 

21 (D) the procedures, if any, to appeal, waive 

22 or exempt the restriction or disqualification 

23 based on a showing of rehabilitation or other 

24 relevant evidence; 


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1 (E) any information available about the 

2 numbers of individuals restricted or disqualified 

3 on the basis of a criminal record; and 

4 (F) the identity of the Federal agency with 

5 jurisdiction over the restriction or disqualifica6 tion. 

Æ 


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