II 

118TH CONGRESS 

1ST SESSION S. 1251 

To reform sentencing laws and correctional institutions, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 20, 2023 

Mr. DURBIN (for himself, Mr. GRASSLEY, Mr. WHITEHOUSE, Ms. KLOBUCHAR, Mr. BOOKER, Mr. OSSOFF, Ms. BALDWIN, Mr. VAN HOLLEN, 

Mr. WICKER, Ms. LUMMIS, and Mr. BROWN) introduced the following 

bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To reform sentencing laws and correctional institutions, 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 ‘‘First Step Implementation Act of 2023’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—SENTENCING REFORM 

Sec. 101. Application of First Step Act. 


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Sec. 102. Modifying safety valve for drug offenses. 

TITLE II—CORRECTIONS REFORM 

Sec. 201. Parole for juveniles. 

Sec. 202. Juvenile sealing and expungement. 

Sec. 203. Ensuring accuracy of Federal criminal records. 

1 TITLE I—SENTENCING REFORM 

2 SEC. 101. APPLICATION OF FIRST STEP ACT. 

3 (a) DEFINITIONS.—In this section— 

4 (1) the term ‘‘covered offense’’ means— 

5 (A) a violation of a Federal criminal stat6 ute, the statutory penalties for which were 

7 modified by section 401 or 403 of the First 

8 Step Act of 2018 (Public Law 115–391; 132 

9 Stat. 5220), that was committed on or before 

10 December 21, 2018; or 

11 (B) a violation of a Federal criminal stat12 ute, the statutory penalties for which are modi13 fied by subsection (b) of this section; and 

14 (2) the term ‘‘serious violent felony’’ has the 

15 meaning given that term in section 102 of the Con16 trolled Substances Act (21 U.S.C. 802). 

17 (b) AMENDMENTS.— 

18 (1) IN GENERAL.— 

19 (A) CONTROLLED SUBSTANCES ACT.—Sec20 tion 401(b) of the Controlled Substances Act 

21 (21 U.S.C. 841(b)) is amended— 

22 (i) in paragraph (1)— 


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1 (I) in subparagraph (C), by strik2 ing ‘‘felony drug offense’’ and insert3 ing ‘‘serious drug felony or serious 

4 violent felony’’; 

5 (II) in subparagraph (D), by 

6 striking ‘‘felony drug offense’’ and in7 serting ‘‘serious drug felony or serious 

8 violent felony’’; and 

9 (III) in subparagraph (E)(ii), by 

10 striking ‘‘felony drug offense’’ and in11 serting ‘‘serious drug felony or serious 

12 violent felony’’; 

13 (ii) in paragraph (2), by striking ‘‘fel14 ony drug offense’’ and inserting ‘‘serious 

15 drug felony or serious violent felony’’; and 

16 (iii) in paragraph (3), by striking ‘‘fel17 ony drug offense’’ and inserting ‘‘serious 

18 drug felony or serious violent felony’’. 

19 (B) CONTROLLED SUBSTANCES IMPORT

20 AND EXPORT ACT.—Section 1010(b)(3) of the 

21 Controlled Substances Import and Export Act 

22 (21 U.S.C. 960(b)(3)) is amended by striking 

23 ‘‘felony drug offense’’ and inserting ‘‘serious 

24 drug felony or serious violent felony’’. 


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1 (2) PENDING CASES.—This subsection, and the 

2 amendments made by this subsection, shall apply to 

3 any sentence imposed on or after the date of enact4 ment of this Act, regardless of when the offense was 

5 committed. 

6 (c) DEFENDANTS PREVIOUSLY SENTENCED.—A 

7 court that imposed a sentence for a covered offense may, 

8 on motion of the defendant, the Director of the Bureau 

9 of Prisons, the attorney for the Government, or the court, 

10 impose a reduced sentence as if sections 401 and 403 of 

11 the First Step Act of 2018 (Public Law 115–391; 132 

12 Stat. 5220) and the amendments made by subsection (b) 

13 of this section were in effect at the time the covered of14 fense was committed if, after considering the factors set 

15 forth in section 3553(a) of title 18, United States Code, 

16 the nature and seriousness of the danger to any person, 

17 the community, or any crime victims, and the post-sen18 tencing conduct of the defendant, the sentencing court 

19 finds a reduction is consistent with the amendments made 

20 by section 401 or 403 of the First Step Act of 2018 (Pub21 lic Law 115–391; 132 Stat. 5220) or with subsection (b) 

22 of this section. 

23 (d) CRIME VICTIMS.—Any proceeding under this sec24 tion shall be subject to section 3771 of title 18, United 


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1 States Code (commonly known as the ‘‘Crime Victims’ 

2 Rights Act’’). 

3 (e) REQUIREMENT.—For each motion filed under 

4 subsection (c), the Government shall conduct a particular5 ized inquiry of the facts and circumstances of the original 

6 sentencing of the defendant in order to assess whether a 

7 reduction in sentence would be consistent with the First 

8 Step Act of 2018 (Public Law 115–391; 132 Stat. 5194) 

9 and the amendments made by that Act, including a review 

10 of any prior criminal conduct or any other relevant infor11 mation from Federal, State, and local authorities. 

12 SEC. 102. MODIFYING SAFETY VALVE FOR DRUG OFFENSES. 

13 (a) AMENDMENTS.—Section 3553 of title 18, United 

14 States Code, is amended— 

15 (1) by redesignating subsection (g) as sub16 section (h); and 

17 (2) by inserting after subsection (f) the fol18 lowing: 

19 ‘‘(g) INADEQUACY OF CRIMINAL HISTORY.— 

20 ‘‘(1) IN GENERAL.—If subsection (f) does not 

21 apply to a defendant because the defendant does not 

22 meet the requirements described in subsection (f)(1) 

23 (relating to criminal history), the court may, upon 

24 prior notice to the Government, waive subsection 

25 (f)(1) if the court specifies in writing the specific 


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1 reasons why reliable information indicates that ex2 cluding the defendant pursuant to subsection (f)(1) 

3 substantially overrepresents the seriousness of the 

4 defendant’s criminal history or the likelihood that 

5 the defendant will commit other crimes. 

6 ‘‘(2) PROHIBITION.—This subsection shall not 

7 apply to any defendant who has been convicted of a 

8 serious drug felony or a serious violent felony, as 

9 those terms are defined in section 102 of the Con10 trolled Substances Act (21 U.S.C. 802).’’. 

11 TITLE II—CORRECTIONS 

12 REFORM 

13 SEC. 201. PAROLE FOR JUVENILES. 

14 (a) IN GENERAL.—Chapter 403 of title 18, United 

15 States Code, is amended by inserting after section 5032 

16 the following: 

17 ‘‘§ 5032A. Modification of an imposed term of impris18 onment for violations of law committed 

19 prior to age 18 

20 ‘‘(a) IN GENERAL.—Notwithstanding any other pro21 vision of law, a court may reduce a term of imprisonment 

22 imposed upon a defendant convicted as an adult for an 

23 offense committed and completed before the defendant at24 tained 18 years of age if— 


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1 ‘‘(1) the defendant has served not less than 20 

2 years in custody for the offense; and 

3 ‘‘(2) the court finds, after considering the fac4 tors set forth in subsection (c), that the defendant 

5 is not a danger to the safety of any person or the 

6 community and that the interests of justice warrant 

7 a sentence modification. 

8 ‘‘(b) SUPERVISED RELEASE.—Any defendant whose 

9 sentence is reduced pursuant to subsection (a) shall be or10 dered to serve a period of supervised release of not less 

11 than 5 years following release from imprisonment. The 

12 conditions of supervised release and any modification or 

13 revocation of the term of supervise release shall be in ac14 cordance with section 3583. 

15 ‘‘(c) FACTORS AND INFORMATION TO BE CONSID16 ERED IN DETERMINING WHETHER TO MODIFY A TERM

17 OF IMPRISONMENT.—The court, in determining whether 

18 to reduce a term of imprisonment pursuant to subsection 

19 (a), shall consider— 

20 ‘‘(1) the factors described in section 3553(a), 

21 including the nature of the offense and the history 

22 and characteristics of the defendant; 

23 ‘‘(2) the age of the defendant at the time of the 

24 offense; 


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1 ‘‘(3) a report and recommendation of the Bu2 reau of Prisons, including information on whether 

3 the defendant has substantially complied with the 

4 rules of each institution in which the defendant has 

5 been confined and whether the defendant has com6 pleted any educational, vocational, or other prison 

7 program, where available; 

8 ‘‘(4) a report and recommendation of the 

9 United States attorney for any district in which an 

10 offense for which the defendant is imprisoned was 

11 prosecuted; 

12 ‘‘(5) whether the defendant has demonstrated 

13 maturity, rehabilitation, and a fitness to reenter so14 ciety sufficient to justify a sentence reduction; 

15 ‘‘(6) any statement, which may be presented 

16 orally or otherwise, by any victim of an offense for 

17 which the defendant is imprisoned or by a family 

18 member of the victim if the victim is deceased; 

19 ‘‘(7) any report from a physical, mental, or psy20 chiatric examination of the defendant conducted by 

21 a licensed health care professional; 

22 ‘‘(8) the family and community circumstances 

23 of the defendant at the time of the offense, including 

24 any history of abuse, trauma, or involvement in the 

25 child welfare system; 


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1 ‘‘(9) the extent of the role of the defendant in 

2 the offense and whether, and to what extent, an 

3 adult was involved in the offense; 

4 ‘‘(10) the diminished culpability of juveniles as 

5 compared to that of adults, and the hallmark fea6 tures of youth, including immaturity, impetuosity, 

7 and failure to appreciate risks and consequences, 

8 which counsel against sentencing juveniles to the 

9 otherwise applicable term of imprisonment; and 

10 ‘‘(11) any other information the court deter11 mines relevant to the decision of the court. 

12 ‘‘(d) LIMITATION ON APPLICATIONS PURSUANT TO

13 THIS SECTION.— 

14 ‘‘(1) SECOND APPLICATION.—Not earlier than 

15 5 years after the date on which an order entered by 

16 a court on an initial application under this section 

17 becomes final, a court shall entertain a second appli18 cation by the same defendant under this section. 

19 ‘‘(2) FINAL APPLICATION.—Not earlier than 5 

20 years after the date on which an order entered by 

21 a court on a second application under paragraph (1) 

22 becomes final, a court shall entertain a final applica23 tion by the same defendant under this section. 


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1 ‘‘(3) PROHIBITION.—A court may not entertain 

2 an application filed after an application filed under 

3 paragraph (2) by the same defendant. 

4 ‘‘(e) PROCEDURES.— 

5 ‘‘(1) NOTICE.—The Bureau of Prisons shall 

6 provide written notice of this section to— 

7 ‘‘(A) any defendant who has served not 

8 less than 19 years in prison for an offense com9 mitted and completed before the defendant at10 tained 18 years of age for which the defendant 

11 was convicted as an adult; and 

12 ‘‘(B) the sentencing court, the United 

13 States attorney, and the Federal Public De14 fender or Executive Director of the Community 

15 Defender Organization for the judicial district 

16 in which the sentence described in subpara17 graph (A) was imposed. 

18 ‘‘(2) CRIME VICTIMS’ RIGHTS.—Upon receiving 

19 notice under paragraph (1), the United States attor20 ney shall provide any notifications required under 

21 section 3771. 

22 ‘‘(3) APPLICATION.— 

23 ‘‘(A) IN GENERAL.—An application for a 

24 sentence reduction under this section shall be 

25 filed as a motion to reduce the sentence of the 


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1 defendant and may include affidavits or other 

2 written material. 

3 ‘‘(B) REQUIREMENT.—A motion to reduce 

4 a sentence under this section shall be filed with 

5 the sentencing court and a copy shall be served 

6 on the United States attorney for the judicial 

7 district in which the sentence was imposed. 

8 ‘‘(4) EXPANDING THE RECORD; HEARING.— 

9 ‘‘(A) EXPANDING THE RECORD.—After the 

10 filing of a motion to reduce a sentence under 

11 this section, the court may direct the parties to 

12 expand the record by submitting additional 

13 written materials relating to the motion. 

14 ‘‘(B) HEARING.— 

15 ‘‘(i) IN GENERAL.—The court shall 

16 conduct a hearing on the motion, at which 

17 the defendant and counsel for the defend18 ant shall be given the opportunity to be 

19 heard. 

20 ‘‘(ii) EVIDENCE.—In a hearing under 

21 this section, the court may allow parties to 

22 present evidence. 

23 ‘‘(iii) DEFENDANT’S PRESENCE.—At 

24 a hearing under this section, the defendant 

25 shall be present unless the defendant 


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1 waives the right to be present. The re2 quirement under this clause may be satis3 fied by the defendant appearing by video 

4 teleconference. 

5 ‘‘(iv) COUNSEL.—A defendant who is 

6 unable to obtain counsel is entitled to have 

7 counsel appointed to represent the defend8 ant for proceedings under this section, in9 cluding any appeal, unless the defendant 

10 waives the right to counsel. 

11 ‘‘(v) FINDINGS.—The court shall state 

12 in open court, and file in writing, the rea13 sons for granting or denying a motion 

14 under this section. 

15 ‘‘(C) APPEAL.—The Government or the 

16 defendant may file a notice of appeal in the dis17 trict court for review of a final order under this 

18 section. The time limit for filing such appeal 

19 shall be governed by rule 4(a) of the Federal 

20 Rules of Appellate Procedure. 

21 ‘‘(f) EDUCATIONAL AND REHABILITATIVE PRO22 GRAMS.—A defendant who is convicted and sentenced as 

23 an adult for an offense committed and completed before 

24 the defendant attained 18 years of age may not be de25 prived of any educational, training, or rehabilitative proVerDate Sep 11 2014 21:17 Apr 23, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1251.IS S1251

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1 gram that is otherwise available to the general prison pop2 ulation.’’. 

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

4 chapter 403 of title 18, United States Code, is amended 

5 by inserting after the item relating to section 5032 the 

6 following: 

‘‘5032A. Modification of an imposed term of imprisonment for violations of law 

committed prior to age 18.’’. 

7 (c) APPLICABILITY.—The amendments made by this 

8 section shall apply to any conviction entered before, on, 

9 or after the date of enactment of this Act. 

10 SEC. 202. JUVENILE SEALING AND EXPUNGEMENT. 

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

12 (1) protect children and adults against damage 

13 stemming from their juvenile acts and subsequent 

14 juvenile delinquency records, including law enforce15 ment, arrest, and court records; and 

16 (2) prevent the unauthorized use or disclosure 

17 of confidential juvenile delinquency records and any 

18 potential employment, financial, psychological, or 

19 other harm that would result from such unauthor20 ized use or disclosure. 

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

22 States Code, is amended to read as follows: 

23 ‘‘§ 5031. Definitions 

24 ‘‘In this chapter— 


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1 ‘‘(1) the term ‘adjudication’ means a deter2 mination by a judge that a person committed an act 

3 of juvenile delinquency; 

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

5 disposition in criminal court against a person fol6 lowing a finding of guilt by a judge or jury; 

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

8 unreadable, whether paper, electronic, or otherwise 

9 stored, by shredding, pulverizing, pulping, incin10 erating, overwriting, reformatting the media, or 

11 other means; 

12 ‘‘(4) the term ‘expunge’ means to destroy a 

13 record and obliterate the name of the person to 

14 whom the record pertains from each official index or 

15 public record; 

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

17 hearing held under section 5045(b)(2)(B); 

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

19 petition for expungement filed under section 

20 5045(b); 

21 ‘‘(7) the term ‘high-risk, public trust position’ 

22 means a position designated as a public trust posi23 tion under section 731.106(b) of title 5, Code of 

24 Federal Regulations, or any successor regulation; 

25 ‘‘(8) the term ‘juvenile’ means— 


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1 ‘‘(A) except as provided in subparagraph 

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

3 18 years; and 

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

5 disposition under this chapter for an alleged act 

6 of juvenile delinquency, a person who has not 

7 attained the age of 21 years; 

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

9 violation of a law of the United States committed by 

10 a person before attaining the age of 18 years which 

11 would have been a crime if committed by an adult, 

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

13 ‘‘(10) the term ‘juvenile nonviolent offense’ 

14 means— 

15 ‘‘(A) in the case of an arrest or an adju16 dication that is dismissed or finds the juvenile 

17 to be not delinquent, an act of juvenile delin18 quency that is not— 

19 ‘‘(i) a criminal homicide, forcible rape 

20 or any other sex offense (as defined in sec21 tion 111 of the Sex Offender Registration 

22 and Notification Act (34 U.S.C. 20911)), 

23 kidnapping, aggravated assault, robbery, 

24 burglary of an occupied structure, arson, 


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1 or a drug trafficking crime in which a fire2 arm was used; or 

3 ‘‘(ii) a Federal crime of terrorism (as 

4 defined in section 2332b(g)); and 

5 ‘‘(B) in the case of an adjudication that 

6 finds the juvenile to be delinquent, an act of ju7 venile delinquency that is not— 

8 ‘‘(i) described in clause (i) or (ii) of 

9 subparagraph (A); or 

10 ‘‘(ii) a misdemeanor crime of domestic 

11 violence (as defined in section 921(a)(33)); 

12 ‘‘(11) the term ‘juvenile record’— 

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

14 court, the probation system, a law enforcement 

15 agency, or any other government agency, of the 

16 juvenile delinquency proceedings of a person; 

17 ‘‘(B) includes— 

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

19 formal document such as a petition, notice, 

20 motion, legal memorandum, order, or de21 cree; 

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

23 ‘‘(I) a record of a probation offi24 cer; 


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1 ‘‘(II) a record of any government 

2 agency that keeps records relating to 

3 juvenile delinquency; 

4 ‘‘(III) a medical record; 

5 ‘‘(IV) a psychiatric or psycho6 logical record; 

7 ‘‘(V) a birth certificate; 

8 ‘‘(VI) an education record, in9 cluding an individualized education 

10 plan; 

11 ‘‘(VII) a detention record; 

12 ‘‘(VIII) demographic information 

13 that identifies a juvenile or the family 

14 of a juvenile; or 

15 ‘‘(IX) any other record that in16 cludes personally identifiable informa17 tion that may be associated with a ju18 venile delinquency proceeding, an act 

19 of juvenile delinquency, or an alleged 

20 act of juvenile delinquency; and 

21 ‘‘(iii) a law enforcement record, in22 cluding a photograph or a State criminal 

23 justice information system record; and 

24 ‘‘(C) does not include— 

25 ‘‘(i) fingerprints; or 


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1 ‘‘(ii) a DNA sample; 

2 ‘‘(12) the term ‘petitioner’ means a person who 

3 files an expungement petition or a sealing petition; 

4 ‘‘(13) the term ‘seal’ means— 

5 ‘‘(A) to close a record from public viewing 

6 so that the record cannot be examined except 

7 by court order; and 

8 ‘‘(B) to physically seal the record shut and 

9 label the record ‘SEALED’ or, in the case of an 

10 electronic record, the substantive equivalent; 

11 ‘‘(14) the term ‘sealing hearing’ means a hear12 ing held under section 5044(b)(2)(B); and 

13 ‘‘(15) the term ‘sealing petition’ means a peti14 tion for a sealing order filed under section 

15 5044(b).’’. 

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

17 United States Code, is amended— 

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

19 paragraph (6), by inserting after ‘‘bonding,’’ the fol20 lowing: ‘‘participation in an educational system,’’; 

21 and 

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

23 courts exercising jurisdiction over any juvenile’’ and 

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


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1 the date on which a district court exercises jurisdic2 tion over a juvenile, the district court’’. 

3 (d) SEALING; EXPUNGEMENT.— 

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

5 United States Code, is amended by adding at the 

6 end the following: 

7 ‘‘§ 5044. Sealing 

8 ‘‘(a) AUTOMATIC SEALING OF NONVIOLENT OF9 FENSES.— 

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

11 on which a person who is adjudicated delinquent 

12 under this chapter for a juvenile nonviolent offense 

13 completes every term of probation, official detention, 

14 or juvenile delinquent supervision ordered by the 

15 court with respect to the offense, the court shall 

16 order the sealing of each juvenile record or portion 

17 thereof that relates to the offense if the person— 

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

19 adjudicated delinquent for an act of juvenile de20 linquency since the date of the disposition; and 

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

22 court proceedings or juvenile delinquency pro23 ceedings. 

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

25 order of sealing under paragraph (1) shall require 


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1 no action by the person whose juvenile records are 

2 to be sealed. 

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

4 court that orders the sealing of a juvenile record of 

5 a person under paragraph (1) shall, in writing, in6 form the person of the sealing and the benefits of 

7 sealing the record. 

8 ‘‘(b) PETITIONING FOR EARLY SEALING OF NON9 VIOLENT OFFENSES.— 

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

11 ‘‘(A) IN GENERAL.—During the 3-year pe12 riod beginning on the date on which a person 

13 who is adjudicated delinquent under this chap14 ter for a juvenile nonviolent offense completes 

15 every term of probation, official detention, or 

16 juvenile delinquent supervision ordered by the 

17 court with respect to the offense, the person 

18 may petition the court to seal the juvenile 

19 records that relate to the offense, unless the 

20 person— 

21 ‘‘(i) has been convicted of a crime or 

22 adjudicated delinquent for an act of juve23 nile delinquency since the date of the dis24 position; or 


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1 ‘‘(ii) is engaged in active criminal 

2 court proceedings or juvenile delinquency 

3 proceedings. 

4 ‘‘(B) NOTICE OF OPPORTUNITY TO FILE

5 PETITION.—If a person is adjudicated delin6 quent for a juvenile nonviolent offense, the 

7 court in which the person is adjudicated delin8 quent shall, in writing, inform the person of the 

9 potential eligibility of the person to file a seal10 ing petition with respect to the offense upon 

11 completing every term of probation, official de12 tention, or juvenile delinquent supervision or13 dered by the court with respect to the offense, 

14 and the necessary procedures for filing the seal15 ing petition— 

16 ‘‘(i) on the date on which the indi17 vidual is adjudicated delinquent; and 

18 ‘‘(ii) on the date on which the indi19 vidual has completed every term of proba20 tion, official detention, or juvenile delin21 quent supervision ordered by the court 

22 with respect to the offense. 

23 ‘‘(2) PROCEDURES.— 

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

25 a person files a sealing petition with respect to 


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1 a juvenile nonviolent offense, the court in which 

2 the petition is filed shall provide notice of the 

3 petition— 

4 ‘‘(i) to the Attorney General; and 

5 ‘‘(ii) upon the request of the peti6 tioner, to any other individual that the pe7 titioner determines may testify as to— 

8 ‘‘(I) the conduct of the petitioner 

9 since the date of the offense; or 

10 ‘‘(II) the reasons that the sealing 

11 order should be entered. 

12 ‘‘(B) HEARING.— 

13 ‘‘(i) IN GENERAL.—If a person files a 

14 sealing petition, the court shall— 

15 ‘‘(I) except as provided in clause 

16 (iii), conduct a hearing in accordance 

17 with clause (ii); and 

18 ‘‘(II) determine whether to enter 

19 a sealing order for the person in ac20 cordance with subparagraph (C). 

21 ‘‘(ii) OPPORTUNITY TO TESTIFY AND

22 OFFER EVIDENCE.— 

23 ‘‘(I) PETITIONER.—The peti24 tioner may testify or offer evidence at 


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1 the sealing hearing in support of seal2 ing. 

3 ‘‘(II) PROSECUTOR.—The Attor4 ney General may send a representa5 tive to testify or offer evidence at the 

6 sealing hearing in support of or 

7 against sealing. 

8 ‘‘(III) OTHER INDIVIDUALS.—An 

9 individual who receives notice under 

10 subparagraph (A)(ii) may testify or 

11 offer evidence at the sealing hearing 

12 as to the issues described in sub13 clauses (I) and (II) of that subpara14 graph. 

15 ‘‘(iii) WAIVER OF HEARING.—If the 

16 petitioner and the Attorney General so 

17 agree, the court shall make a determina18 tion under subparagraph (C) without a 

19 hearing. 

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

21 shall determine whether to grant the sealing pe22 tition after considering— 

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


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1 ‘‘(ii) all the evidence and testimony 

2 presented at the sealing hearing, if such a 

3 hearing is conducted; 

4 ‘‘(iii) the best interests of the peti5 tioner; 

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

7 his or her contact with the court or any 

8 law enforcement agency; 

9 ‘‘(v) the nature of the juvenile non10 violent offense; 

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

12 ‘‘(vii) the manner in which the peti13 tioner participated in any court-ordered re14 habilitative programming or supervised 

15 services; 

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

17 during which the petitioner has been with18 out contact with any court or law enforce19 ment agency; 

20 ‘‘(ix) whether the petitioner has had 

21 any criminal or juvenile delinquency in22 volvement since the disposition of the juve23 nile delinquency proceeding; and 


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1 ‘‘(x) the adverse consequences the pe2 titioner may suffer if the petition is not 

3 granted. 

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

5 the court denies a sealing petition, the peti6 tioner may not file a new sealing petition with 

7 respect to the same juvenile nonviolent offense 

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

9 the denial. 

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

11 the Administrative Office of the United States 

12 Courts shall create a universal form, available 

13 over the internet and in paper form, that an in14 dividual may use to file a sealing petition. 

15 ‘‘(F) NO FEE FOR INDIGENT PETI16 TIONERS.—If the court determines that the pe17 titioner is indigent, there shall be no cost for 

18 filing a sealing petition. 

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

20 after the date of enactment of this section, and 

21 each year thereafter, the Director of the Admin22 istrative Office of the United States Courts 

23 shall issue a public report that— 

24 ‘‘(i) describes— 


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•S 1251 IS

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 Director determines relevant and 

9 that 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 is not less 

25 than 18 years of age, the district 


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•S 1251 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) PROTECTION FROM DISCLOSURE.—Except 

22 as provided in paragraphs (3) and (4), if a court or23 ders the sealing of a juvenile record of a person 

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

25 nonviolent offense, the proceedings in the case shall 


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•S 1251 IS

1 be deemed never to have occurred, and the person 

2 may properly reply accordingly to any inquiry about 

3 the events the records of which are ordered sealed. 

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

5 orders the sealing of a juvenile record under sub6 section (a) or (b) with respect to a juvenile non7 violent offense, the court shall— 

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

9 each entity or person known to the court that 

10 possesses a record relating to the offense, in11 cluding each— 

12 ‘‘(i) law enforcement agency; and 

13 ‘‘(ii) public or private correctional or 

14 detention facility; 

15 ‘‘(B) in the sealing order, require each en16 tity or person described in subparagraph (A) 

17 to— 

18 ‘‘(i) seal the record; and 

19 ‘‘(ii) submit a written certification to 

20 the court, under penalty of perjury, that 

21 the entity or person has sealed each paper 

22 and electronic copy of the record; 

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

24 the record in the possession of the court; and 


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•S 1251 IS

1 ‘‘(D) after receiving a written certification 

2 from each entity or person under subparagraph 

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

4 person described in subparagraph (A) has 

5 sealed each paper and electronic copy of the 

6 record. 

7 ‘‘(3) LAW ENFORCEMENT ACCESS TO SEALED

8 RECORDS.— 

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

10 subparagraph (B), a law enforcement agency 

11 may access a sealed juvenile record in the pos12 session of the agency or another law enforce13 ment agency solely— 

14 ‘‘(i) to determine whether the person 

15 who is the subject of the record is a non16 violent offender eligible for a first-time-of17 fender diversion program; 

18 ‘‘(ii) for investigatory or prosecutorial 

19 purposes; or 

20 ‘‘(iii) for a background check that re21 lates to— 

22 ‘‘(I) law enforcement employ23 ment; or 

24 ‘‘(II) any position that a Federal 

25 agency designates as a— 


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•S 1251 IS

1 ‘‘(aa) national security posi2 tion; or 

3 ‘‘(bb) high-risk, public trust 

4 position. 

5 ‘‘(B) TRANSITION PERIOD.—During the 1- 

6 year period beginning on the date on which a 

7 court orders the sealing of a juvenile record 

8 under this section, a law enforcement agency 

9 may, for law enforcement purposes, access the 

10 record if the record is in the possession of the 

11 agency or another law enforcement agency. 

12 ‘‘(4) PROHIBITION ON DISCLOSURE.— 

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

14 in subparagraph (C), it shall be unlawful to in15 tentionally make or attempt to make an unau16 thorized disclosure of any information from a 

17 sealed juvenile record in violation of this sec18 tion. 

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

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

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

22 ‘‘(C) EXCEPTIONS.— 

23 ‘‘(i) BACKGROUND CHECKS.—In the 

24 case of a background check for law en25 forcement employment or for any employVerDate Sep 11 2014 21:17 Apr 23, 2023 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1251.IS S1251

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•S 1251 IS

1 ment that requires a government security 

2 clearance— 

3 ‘‘(I) a person who is the subject 

4 of a juvenile record sealed under this 

5 section shall disclose the contents of 

6 the record; and 

7 ‘‘(II) a law enforcement agency 

8 that possesses a juvenile record sealed 

9 under this section— 

10 ‘‘(aa) may disclose the con11 tents of the record; and 

12 ‘‘(bb) if the agency obtains 

13 or is subject to a court order au14 thorizing disclosure of the record, 

15 may disclose the record. 

16 ‘‘(ii) DISCLOSURE TO ARMED

17 FORCES.—A person, including a law en18 forcement agency that possesses a juvenile 

19 record sealed under this section, may dis20 close information from a juvenile record 

21 sealed under this section to the Secretaries 

22 of the military departments (or the Sec23 retary of Homeland Security with respect 

24 to the Coast Guard when it is not oper25 ating as a service in the Navy) for the purVerDate Sep 11 2014 21:17 Apr 23, 2023 Jkt 039200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1251.IS S1251

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•S 1251 IS

1 pose of vetting an enlistment or commis2 sion, or with regard to any member of the 

3 Armed Forces. 

4 ‘‘(iii) CRIMINAL AND JUVENILE PRO5 CEEDINGS.—A prosecutor or other law en6 forcement officer may disclose information 

7 from a juvenile record sealed under this 

8 section, and a person who is the subject of 

9 a juvenile record sealed under this section 

10 may be required to testify or otherwise dis11 close information about the record, in a 

12 criminal or other proceeding if such disclo13 sure is required by the Constitution of the 

14 United States, the constitution of a State, 

15 or a Federal or State statute or rule. 

16 ‘‘(iv) AUTHORIZATION FOR PERSON

17 TO DISCLOSE OWN RECORD.—A person 

18 who is the subject of a juvenile record 

19 sealed under this section may choose to 

20 disclose the record. 

21 ‘‘(d) LIMITATION RELATING TO SUBSEQUENT INCI22 DENTS.— 

23 ‘‘(1) AFTER FILING AND BEFORE PETITION

24 GRANTED.—If, after the date on which a person files 

25 a sealing petition with respect to a juvenile offense 


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•S 1251 IS

1 and before the court determines whether to grant 

2 the petition, the person is convicted of a crime, adju3 dicated delinquent for an act of juvenile delinquency, 

4 or engaged in active criminal court proceedings or 

5 juvenile delinquency proceedings, the court shall 

6 deny the petition. 

7 ‘‘(2) AFTER PETITION GRANTED.—If, on or 

8 after the date on which a court orders the sealing 

9 of a juvenile record of a person under subsection (b), 

10 the person is convicted of a crime or adjudicated de11 linquent for an act of juvenile delinquency— 

12 ‘‘(A) the court shall— 

13 ‘‘(i) vacate the order; and 

14 ‘‘(ii) notify the person who is the sub15 ject of the juvenile record, and each entity 

16 or person described in subsection 

17 (c)(2)(A), that the order has been vacated; 

18 and 

19 ‘‘(B) the record shall no longer be sealed. 

20 ‘‘(e) INCLUSION OF STATE JUVENILE DELINQUENCY

21 ADJUDICATIONS AND PROCEEDINGS.—For purposes of 

22 subparagraphs (A) and (B) of subsection (a)(1), clauses 

23 (i) and (ii) of subsection (b)(1)(A), subsection 

24 (b)(2)(C)(ix), and paragraphs (1) and (2) of subsection 

25 (d), the term ‘juvenile delinquency’ includes the violation 


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•S 1251 IS

1 of a law of a State committed by a person before attaining 

2 the age of 18 years which would have been a crime if com3 mitted by an adult. 

4 ‘‘§ 5045. Expungement 

5 ‘‘(a) AUTOMATIC EXPUNGEMENT OF CERTAIN

6 RECORDS.— 

7 ‘‘(1) ATTORNEY GENERAL MOTION.— 

8 ‘‘(A) NONVIOLENT OFFENSES COMMITTED

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

10 adjudicated delinquent under this chapter for a 

11 juvenile nonviolent offense committed before the 

12 person attained 15 years of age and completes 

13 every term of probation, official detention, or 

14 juvenile delinquent supervision ordered by the 

15 court with respect to the offense before attain16 ing 18 years of age, on the date on which the 

17 person attains 18 years of age, the Attorney 

18 General shall file a motion in the district court 

19 of the United States in which the person was 

20 adjudicated delinquent requesting that each ju21 venile record of the person that relates to the 

22 offense be expunged. 

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

24 by a Federal law enforcement agency for a ju25 venile nonviolent offense for which a juvenile 


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•S 1251 IS

1 delinquency proceeding is not instituted under 

2 this chapter, and for which the United States 

3 does not proceed against the juvenile as an 

4 adult in a district court of the United States, 

5 the Attorney General shall file a motion in the 

6 district court of the United States that would 

7 have had jurisdiction of the proceeding request8 ing that each juvenile record relating to the ar9 rest be expunged. 

10 ‘‘(C) EXPUNGEMENT ORDER.—Upon the 

11 filing of a motion in a district court of the 

12 United States with respect to a juvenile non13 violent offense under subparagraph (A) or an 

14 arrest for a juvenile nonviolent offense under 

15 subparagraph (B), the court shall grant the mo16 tion and order that each juvenile record relating 

17 to the offense or arrest, as applicable, be ex18 punged. 

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

20 the United States dismisses an information with re21 spect to a juvenile under this chapter or finds a ju22 venile not to be delinquent in a juvenile delinquency 

23 proceeding under this chapter, the court shall con24 currently order that each juvenile record relating to 

25 the applicable proceeding be expunged. 


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•S 1251 IS

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

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

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

4 records are to be expunged. 

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

6 A court that orders the expungement of a juvenile 

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

8 shall, in writing, inform the person of the 

9 expungement and the benefits of expunging the 

10 record. 

11 ‘‘(b) PETITIONING FOR EXPUNGEMENT OF NON12 VIOLENT OFFENSES.— 

13 ‘‘(1) IN GENERAL.—A person who is adju14 dicated delinquent under this chapter for a juvenile 

15 nonviolent offense committed on or after the date on 

16 which the person attained 15 years of age may peti17 tion the court in which the proceeding took place to 

18 order the expungement of the juvenile record that 

19 relates to the offense unless the person— 

20 ‘‘(A) has been convicted of a crime or ad21 judicated delinquent for an act of juvenile delin22 quency since the date of the disposition; 

23 ‘‘(B) is engaged in active criminal court 

24 proceedings or juvenile delinquency proceedings; 

25 or 


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•S 1251 IS

1 ‘‘(C) has had not less than 2 adjudications 

2 of delinquency previously expunged under this 

3 section. 

4 ‘‘(2) PROCEDURES.— 

5 ‘‘(A) NOTIFICATION OF PROSECUTOR AND

6 VICTIMS.—If a person files an expungement pe7 tition with respect to a juvenile nonviolent of8 fense, the court in which the petition is filed 

9 shall provide notice of the petition— 

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

11 ‘‘(ii) upon the request of the peti12 tioner, to any other individual that the pe13 titioner determines may testify as to— 

14 ‘‘(I) the conduct of the petitioner 

15 since the date of the offense; or 

16 ‘‘(II) the reasons that the 

17 expungement order should be entered. 

18 ‘‘(B) HEARING.— 

19 ‘‘(i) IN GENERAL.—If a person files 

20 an expungement petition, the court shall— 

21 ‘‘(I) except as provided in clause 

22 (iii), conduct a hearing in accordance 

23 with clause (ii); and 


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•S 1251 IS

1 ‘‘(II) determine whether to enter 

2 an expungement order for the person 

3 in accordance with subparagraph (C). 

4 ‘‘(ii) OPPORTUNITY TO TESTIFY AND

5 OFFER EVIDENCE.— 

6 ‘‘(I) PETITIONER.—The peti7 tioner may testify or offer evidence at 

8 the expungement hearing in support 

9 of expungement. 

10 ‘‘(II) PROSECUTOR.—The Attor11 ney General may send a representa12 tive to testify or offer evidence at the 

13 expungement hearing in support of or 

14 against expungement. 

15 ‘‘(III) OTHER INDIVIDUALS.—An 

16 individual who receives notice under 

17 subparagraph (A)(ii) may testify or 

18 offer evidence at the expungement 

19 hearing as to the issues described in 

20 subclauses (I) and (II) of that sub21 paragraph. 

22 ‘‘(iii) WAIVER OF HEARING.—If the 

23 petitioner and the Attorney General so 

24 agree, the court shall make a determinaVerDate Sep 11 2014 21:17 Apr 23, 2023 Jkt 039200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1251.IS S1251

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•S 1251 IS

1 tion under subparagraph (C) without a 

2 hearing. 

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

4 shall determine whether to grant an 

5 expungement petition after considering— 

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

7 the possession of the court; 

8 ‘‘(ii) all the evidence and testimony 

9 presented at the expungement hearing, if 

10 such a hearing is conducted; 

11 ‘‘(iii) the best interests of the peti12 tioner; 

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

14 his or her contact with the court or any 

15 law enforcement agency; 

16 ‘‘(v) the nature of the juvenile non17 violent offense; 

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

19 ‘‘(vii) the manner in which the peti20 tioner participated in any court-ordered re21 habilitative programming or supervised 

22 services; 

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

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•S 1251 IS

1 out contact with any court or any law en2 forcement agency; 

3 ‘‘(ix) whether the petitioner has had 

4 any criminal or juvenile delinquency in5 volvement since the disposition of the juve6 nile delinquency proceeding; and 

7 ‘‘(x) the adverse consequences the pe8 titioner may suffer if the petition is not 

9 granted. 

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

11 the court denies an expungement petition, the 

12 petitioner may not file a new expungement peti13 tion with respect to the same offense until the 

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

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

16 the Administrative Office of the United States 

17 Courts shall create a universal form, available 

18 over the internet and in paper form, that an in19 dividual may use to file an expungement peti20 tion. 

21 ‘‘(F) NO FEE FOR INDIGENT PETI22 TIONERS.—If the court determines that the pe23 titioner is indigent, there shall be no cost for 

24 filing an expungement petition. 


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•S 1251 IS

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

2 after the date of enactment of this section, and 

3 each year thereafter, the Director of the Admin4 istrative Office of the United States Courts 

5 shall issue a public report that— 

6 ‘‘(i) describes— 

7 ‘‘(I) the number of expungement 

8 petitions granted and denied under 

9 this subsection; and 

10 ‘‘(II) the number of instances in 

11 which the Attorney General supported 

12 or opposed an expungement petition; 

13 ‘‘(ii) includes any supporting data 

14 that the Director determines relevant and 

15 that does not name any petitioner; and 

16 ‘‘(iii) disaggregates all relevant data 

17 by race, ethnicity, gender, and the nature 

18 of the offense. 

19 ‘‘(H) PUBLIC DEFENDER ELIGIBILITY.— 

20 ‘‘(i) PETITIONERS UNDER AGE 18.— 

21 The district court shall appoint counsel in 

22 accordance with the plan of the district 

23 court in operation under section 3006A to 

24 represent a petitioner for purposes of this 


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•S 1251 IS

1 subsection if the petitioner is less than 18 

2 years of age. 

3 ‘‘(ii) PETITIONERS AGE 18 AND

4 OLDER.— 

5 ‘‘(I) DISCRETION OF COURT.—In 

6 the case of a petitioner who is not less 

7 than 18 years of age, the district 

8 court may, in its discretion, appoint 

9 counsel in accordance with the plan of 

10 the district court in operation under 

11 section 3006A to represent the peti12 tioner for purposes of this subsection. 

13 ‘‘(II) CONSIDERATIONS.—In de14 termining whether to appoint counsel 

15 under subclause (I), the court shall 

16 consider— 

17 ‘‘(aa) the anticipated com18 plexity of the expungement hear19 ing, including the number and 

20 type of witnesses called to advo21 cate against the expungement of 

22 the records of the petitioner; and 

23 ‘‘(bb) the potential for ad24 verse testimony by a victim or a 


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•S 1251 IS

1 representative of the Attorney 

2 General. 

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

4 ‘‘(1) PROTECTION FROM DISCLOSURE.—Except 

5 as provided in paragraphs (4) through (8), if a court 

6 orders the expungement of a juvenile record of a 

7 person under subsection (a) or (b) with respect to a 

8 juvenile nonviolent offense, the proceedings in the 

9 case shall be deemed never to have occurred, and the 

10 person may properly reply accordingly to any inquiry 

11 about the events the records of which are ordered 

12 expunged. 

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

14 court orders the expungement of a juvenile record 

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

16 nonviolent offense, the court shall— 

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

18 to each entity or person known to the court 

19 that possesses a record relating to the offense, 

20 including each— 

21 ‘‘(i) law enforcement agency; and 

22 ‘‘(ii) public or private correctional or 

23 detention facility; 

24 ‘‘(B) in the expungement order— 


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•S 1251 IS

1 ‘‘(i) require each entity or person de2 scribed in subparagraph (A) to— 

3 ‘‘(I) seal the record for 1 year 

4 and, during that 1-year period, apply 

5 paragraphs (3) and (4) of section 

6 5044(c) with respect to the record; 

7 ‘‘(II) on the date that is 1 year 

8 after the date of the order, destroy 

9 the record unless a subsequent inci10 dent described in subsection (d)(2) oc11 curs; and 

12 ‘‘(III) submit a written certifi13 cation to the court, under penalty of 

14 perjury, that the entity or person has 

15 destroyed each paper and electronic 

16 copy of the record; and 

17 ‘‘(ii) explain that if a subsequent inci18 dent described in subsection (d)(2) occurs, 

19 the order shall be vacated and the record 

20 shall no longer be sealed; 

21 ‘‘(C) on the date that is 1 year after the 

22 date of the order, destroy each paper and elec23 tronic copy of the record in the possession of 

24 the court unless a subsequent incident described 

25 in subsection (d)(2) occurs; and 


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•S 1251 IS

1 ‘‘(D) after receiving a written certification 

2 from each entity or person under subparagraph 

3 (B)(i)(III), notify the petitioner that each entity 

4 or person described in subparagraph (A) has 

5 destroyed each paper and electronic copy of the 

6 record. 

7 ‘‘(3) REPLY TO INQUIRIES.—On and after the 

8 date that is 1 year after the date on which a court 

9 orders the expungement of a juvenile record of a 

10 person under this section, in the case of an inquiry 

11 relating to the juvenile record, the court, each law 

12 enforcement officer, any agency that provided treat13 ment or rehabilitation services to the person, and the 

14 person (except as provided in paragraphs (4) 

15 through (8)) shall reply to the inquiry that no such 

16 juvenile record exists. 

17 ‘‘(4) CIVIL ACTIONS.— 

18 ‘‘(A) IN GENERAL.—On and after the date 

19 on which a court orders the expungement of a 

20 juvenile record of a person under this section, 

21 if the person brings an action against a law en22 forcement agency that arrested, or participated 

23 in the arrest of, the person for the offense to 

24 which the record relates, or against the State or 

25 political subdivision of a State of which the law 


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•S 1251 IS

1 enforcement agency is an agency, in which the 

2 contents of the record are relevant to the reso3 lution of the issues presented in the action, 

4 there shall be a rebuttable presumption that the 

5 defendant has a complete defense to the action. 

6 ‘‘(B) SHOWING BY PLAINTIFF.—In an ac7 tion described in subparagraph (A), the plaintiff 

8 may rebut the presumption of a complete de9 fense by showing that the contents of the ex10 punged record would not prevent the defendant 

11 from being held liable. 

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

13 OF RECORD.—The court in which an action de14 scribed in subparagraph (A) is filed may re15 quire the plaintiff to state under oath whether 

16 the plaintiff had a juvenile record and whether 

17 the record was expunged. 

18 ‘‘(D) PROOF OF EXISTENCE OF JUVENILE

19 RECORD.—If the plaintiff in an action described 

20 in subparagraph (A) denies the existence of a 

21 juvenile record, the defendant may prove the ex22 istence of the record in any manner compatible 

23 with the applicable laws of evidence. 

24 ‘‘(5) CRIMINAL AND JUVENILE PRO25 CEEDINGS.—On and after the date that is 1 year 


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•S 1251 IS

1 after the date on which a court orders the 

2 expungement of a juvenile record under this section, 

3 a prosecutor or other law enforcement officer may 

4 disclose underlying information from the juvenile 

5 record, and the person who is the subject of the ju6 venile record may be required to testify or otherwise 

7 disclose information about the record, in a criminal 

8 or other proceeding if such disclosure is required by 

9 the Constitution of the United States, the constitu10 tion of a State, or a Federal or State statute or rule. 

11 ‘‘(6) BACKGROUND CHECKS.—On and after the 

12 date that is 1 year after the date on which a court 

13 orders the expungement of a juvenile record under 

14 this section, in the case of a background check for 

15 law enforcement employment or for any employment 

16 that requires a government security clearance, the 

17 person who is the subject of the juvenile record may 

18 be required to disclose underlying information from 

19 the record. 

20 ‘‘(7) DISCLOSURE TO ARMED FORCES.—On and 

21 after the date that is 1 year after the date on which 

22 a court orders the expungement of a juvenile record 

23 under this section, a person, including a law enforce24 ment agency that possessed such a juvenile record, 

25 may be required to disclose underlying information 


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•S 1251 IS

1 from the record to the Secretaries of the military de2 partments (or the Secretary of Homeland Security 

3 with respect to the Coast Guard when it is not oper4 ating as a service in the Navy) for the purpose of 

5 vetting an enlistment or commission, or with regard 

6 to any member of the Armed Forces. 

7 ‘‘(8) AUTHORIZATION FOR PERSON TO DIS8 CLOSE OWN RECORD.—A person who is the subject 

9 of a juvenile record expunged under this section may 

10 choose to disclose the record. 

11 ‘‘(9) TREATMENT AS SEALED RECORD DURING

12 TRANSITION PERIOD.—During the 1-year period be13 ginning on the date on which a court orders the 

14 expungement of a juvenile record under this section, 

15 paragraphs (3) and (4) of section 5044(c) shall 

16 apply with respect to the record as if the record had 

17 been sealed under that section. 

18 ‘‘(d) LIMITATION RELATING TO SUBSEQUENT INCI19 DENTS.— 

20 ‘‘(1) AFTER FILING AND BEFORE PETITION

21 GRANTED.—If, after the date on which a person files 

22 an expungement petition with respect to a juvenile 

23 offense and before the court determines whether to 

24 grant the petition, the person is convicted of a 

25 crime, adjudicated delinquent for an act of juvenile 


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•S 1251 IS

1 delinquency, or engaged in active criminal court pro2 ceedings or juvenile delinquency proceedings, the 

3 court shall deny the petition. 

4 ‘‘(2) AFTER PETITION GRANTED.—If, on or 

5 after the date on which a court orders the 

6 expungement of a juvenile record of a person under 

7 subsection (b), the person is convicted of a crime, 

8 adjudicated delinquent for an act of juvenile delin9 quency, or engaged in active criminal court pro10 ceedings or juvenile delinquency proceedings— 

11 ‘‘(A) the court that ordered the 

12 expungement shall— 

13 ‘‘(i) vacate the order; and 

14 ‘‘(ii) notify the person who is the sub15 ject of the juvenile record, and each entity 

16 or person described in subsection 

17 (c)(2)(A), that the order has been vacated; 

18 and 

19 ‘‘(B) the record— 

20 ‘‘(i) shall not be expunged; or 

21 ‘‘(ii) if the record has been expunged 

22 because 1 year has elapsed since the date 

23 of the expungement order, shall not be 

24 treated as having been expunged. 


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•S 1251 IS

1 ‘‘(e) INCLUSION OF STATE JUVENILE DELINQUENCY

2 ADJUDICATIONS AND PROCEEDINGS.—For purposes of 

3 subparagraphs (A) and (B) of subsection (b)(1), sub4 section (b)(2)(C)(ix), and paragraphs (1) and (2) of sub5 section (d), the term ‘juvenile delinquency’ includes the 

6 violation of a law of a State committed by a person before 

7 attaining the age of 18 years which would have been a 

8 crime if committed by an adult.’’. 

9 (2) TECHNICAL AND CONFORMING AMEND10 MENT.—The table of sections for chapter 403 of 

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

12 at the end the following: 

‘‘5044. Sealing. 

‘‘5045. Expungement.’’. 

13 (3) APPLICABILITY.—Sections 5044 and 5045 

14 of title 18, United States Code, as added by para15 graph (1), shall apply with respect to a juvenile non16 violent offense (as defined in section 5031 of such 

17 title, as amended by subsection (b)) that is com18 mitted or alleged to have been committed before, on, 

19 or after the date of enactment of this Act. 

20 (e) RULE OF CONSTRUCTION.—Nothing in the 

21 amendments made by this section shall be construed to 

22 authorize the sealing or expungement of a record of a 

23 criminal conviction of a juvenile who was proceeded 

24 against as an adult in a district court of the United States. 


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•S 1251 IS

1 SEC. 203. ENSURING ACCURACY OF FEDERAL CRIMINAL 

2 RECORDS. 

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

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘(g) ENSURING ACCURACY OF FEDERAL CRIMINAL

7 RECORDS.— 

8 ‘‘(1) DEFINITIONS.— 

9 ‘‘(A) IN GENERAL.—In this subsection— 

10 ‘‘(i) the term ‘applicant’ means the in11 dividual to whom a record sought to be ex12 changed pertains; 

13 ‘‘(ii) the term ‘high-risk, public trust 

14 position’ means a position designated as a 

15 public trust position under section 

16 731.106(b) of title 5, Code of Federal Reg17 ulations, or any successor regulation; 

18 ‘‘(iii) the term ‘incomplete’, with re19 spect to a record, means the record— 

20 ‘‘(I) indicates that an individual 

21 was arrested but does not describe the 

22 offense for which the individual was 

23 arrested; or 

24 ‘‘(II) indicates that an individual 

25 was arrested or criminal proceedings 

26 were instituted against an individual 


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•S 1251 IS

1 but does not include the final disposi2 tion of the arrest or of the pro3 ceedings if a final disposition has been 

4 reached; 

5 ‘‘(iv) the term ‘record’ means a record 

6 or other information collected under this 

7 section that relates to— 

8 ‘‘(I) an arrest by a Federal law 

9 enforcement officer; or 

10 ‘‘(II) a Federal criminal pro11 ceeding; 

12 ‘‘(v) the term ‘reporting jurisdiction’ 

13 means any person or entity that provides a 

14 record to the Attorney General under this 

15 section; and 

16 ‘‘(vi) the term ‘requesting entity’— 

17 ‘‘(I) means a person or entity 

18 that seeks the exchange of a record 

19 for civil purposes that include employ20 ment, housing, credit, or any other 

21 type of application; and 

22 ‘‘(II) does not include a law en23 forcement or intelligence agency that 

24 seeks the exchange of a record for— 


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•S 1251 IS

1 ‘‘(aa) investigative purposes; 

2 or 

3 ‘‘(bb) purposes relating to 

4 law enforcement employment. 

5 ‘‘(B) RULE OF CONSTRUCTION.—The defi6 nition of the term ‘requesting entity’ under sub7 paragraph (A) shall not be construed to author8 ize access to records that is not otherwise au9 thorized by law. 

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

11 The Attorney General shall establish and enforce 

12 procedures to ensure the prompt release of accurate 

13 records exchanged for employment-related purposes 

14 through the records system created under this sec15 tion. 

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

17 established under paragraph (2) shall include the 

18 following: 

19 ‘‘(A) INACCURATE RECORD OR INFORMA20 TION.—If the Attorney General determines that 

21 a record is inaccurate, the Attorney General 

22 shall promptly correct the record, including by 

23 making deletions to the record if appropriate. 

24 ‘‘(B) INCOMPLETE RECORD.— 


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•S 1251 IS

1 ‘‘(i) IN GENERAL.—If the Attorney 

2 General determines that a record is incom3 plete or cannot be verified, the Attorney 

4 General— 

5 ‘‘(I) shall attempt to complete or 

6 verify the record; and 

7 ‘‘(II) if unable to complete or 

8 verify the record, may promptly make 

9 any changes or deletions to the 

10 record. 

11 ‘‘(ii) LACK OF DISPOSITION OF AR12 REST.—For purposes of this subpara13 graph, an incomplete record includes a 

14 record that indicates there was an arrest 

15 and does not include the disposition of the 

16 arrest. 

17 ‘‘(iii) OBTAINING DISPOSITION OF AR18 REST.—If the Attorney General determines 

19 that a record is an incomplete record de20 scribed in clause (ii), the Attorney General 

21 shall, not later than 10 days after the date 

22 on which the requesting entity requests the 

23 exchange and before the exchange is made, 

24 obtain the disposition (if any) of the ar25 rest. 


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•S 1251 IS

1 ‘‘(C) NOTIFICATION OF REPORTING JURIS2 DICTION.—The Attorney General shall notify 

3 each appropriate reporting jurisdiction of any 

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

5 ‘‘(D) OPPORTUNITY TO REVIEW RECORDS

6 BY APPLICANT.—In connection with an ex7 change of a record under this section, the At8 torney General shall— 

9 ‘‘(i) notify the applicant that the ap10 plicant can obtain a copy of the record as 

11 described in clause (ii) if the applicant 

12 demonstrates a reasonable basis for the ap13 plicant’s review of the record; 

14 ‘‘(ii) provide to the applicant an op15 portunity, upon request and in accordance 

16 with clause (i), to— 

17 ‘‘(I) obtain a copy of the record; 

18 and 

19 ‘‘(II) challenge the accuracy and 

20 completeness of the record; 

21 ‘‘(iii) promptly notify the requesting 

22 entity of any such challenge; 

23 ‘‘(iv) not later than 30 days after the 

24 date on which the challenge is made, com25 plete an investigation of the challenge; 


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•S 1251 IS

1 ‘‘(v) provide to the applicant the spe2 cific findings and results of that investiga3 tion; 

4 ‘‘(vi) promptly make any changes or 

5 deletions to the records required as a re6 sult of the challenge; and 

7 ‘‘(vii) report those changes to the re8 questing entity. 

9 ‘‘(E) CERTAIN EXCHANGES PROHIBITED.— 

10 ‘‘(i) IN GENERAL.—An exchange shall 

11 not include any record— 

12 ‘‘(I) except as provided in clause 

13 (ii), about an arrest more than 2 

14 years old as of the date of the request 

15 for the exchange, that does not also 

16 include a disposition (if any) of that 

17 arrest; 

18 ‘‘(II) relating to an adult or juve19 nile nonserious offense of the sort de20 scribed in section 20.32(b) of title 28, 

21 Code of Federal Regulations, as in ef22 fect on July 1, 2009; or 

23 ‘‘(III) to the extent the record is 

24 not clearly an arrest or a disposition 

25 of an arrest. 


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•S 1251 IS

1 ‘‘(ii) APPLICANTS FOR SENSITIVE PO2 SITIONS.—The prohibition under clause 

3 (i)(I) shall not apply in the case of a back4 ground check that relates to— 

5 ‘‘(I) law enforcement employ6 ment; or 

7 ‘‘(II) any position that a Federal 

8 agency designates as a— 

9 ‘‘(aa) national security posi10 tion; or 

11 ‘‘(bb) high-risk, public trust 

12 position. 

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

14 a reasonable fee for an exchange of records for em15 ployment-related purposes through the records sys16 tem created under this section to defray the costs 

17 associated with exchanges for those purposes, includ18 ing any costs associated with the investigation of in19 accurate or incomplete records.’’. 

20 (b) REGULATIONS ON REASONABLE PROCEDURES.— 

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

22 Act, the Attorney General shall issue regulations to carry 

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

24 added by subsection (a). 

25 (c) REPORT.— 


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•S 1251 IS

1 (1) DEFINITION.—In this subsection, the term 

2 ‘‘record’’ has the meaning given the term in sub3 section (g) of section 534 of title 28, United States 

4 Code, as added by subsection (a). 

5 (2) REPORT REQUIRED.—Not later than 2 

6 years after the date of enactment of this Act, the 

7 Attorney General shall submit to Congress a report 

8 on the implementation of subsection (g) of section 

9 534 of title 28, United States Code, as added by 

10 subsection (a), that includes— 

11 (A) the number of exchanges of records for 

12 employment-related purposes made with entities 

13 in each State through the records system cre14 ated under such section 534; 

15 (B) any prolonged failure of a Federal 

16 agency to comply with a request by the Attor17 ney General for information about dispositions 

18 of arrests; and 

19 (C) the numbers of successful and unsuc20 cessful challenges to the accuracy and complete21 ness of records, organized by the Federal agen22 cy from which each record originated. 

Æ 


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