I 

116TH CONGRESS 

1ST SESSION H. R. 2410 

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

nonviolent criminal offenses, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 30, 2019 

Mr. CUMMINGS (for himself, Mr. NADLER, and Ms. BASS) introduced the following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Committees on Agriculture, and Ways and Means, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

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. 

4 This Act may be cited as the ‘‘Record Expungement 

5 Designed to Enhance Employment Act of 2019’’ or the 

6 ‘‘REDEEM Act’’. 


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1 SEC. 2. SEALING OF CRIMINAL RECORDS. 

2 (a) FINDING.—Congress finds that the definition of 

3 the term ‘‘crime of violence’’ recommended by the United 

4 States Sentencing Commission in the report entitled ‘‘Re5 port to the Congress: Career Offender Sentencing En6 hancements’’, published in August 2016, is clearer and 

7 more specific than the definitions currently used in title 

8 18, United States Code, and should be used to determine 

9 the type of offenses eligible for sealing under the amend10 ments made by this section. 

11 (b) AMENDMENT.—Chapter 229 of title 18, United 

12 States Code, is amended by adding at the end the fol13 lowing: 

14 ‘‘Subchapter E—Sealing of Criminal Records 

‘‘Sec. 

‘‘3641. Definitions; eligible individuals. 

‘‘3642. Automatic sealing of records of nonviolent drug offenses. 

‘‘3643. Sealing petition. 

‘‘3644. Effect of sealing order. 

15 ‘‘§ 3641. Definitions; eligible individuals 

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

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

18 means a Federal criminal offense that is not— 

19 ‘‘(A) a crime of violence; or 

20 ‘‘(B) a sex offense, as defined in section 

21 111 of the Sex Offender Registration and Noti22 fication Act (34 U.S.C. 20911); 


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1 ‘‘(2) the term ‘crime of violence’ means any of2 fense under Federal or State law, punishable by im3 prisonment for a term exceeding 1 year, that— 

4 ‘‘(A) has as an element the use, attempted 

5 use, or threatened use of physical force against 

6 the person of another; or 

7 ‘‘(B) is— 

8 ‘‘(i) murder; 

9 ‘‘(ii) voluntary manslaughter; 

10 ‘‘(iii) kidnapping; 

11 ‘‘(iv) aggravated assault; 

12 ‘‘(v) a forcible sex offense; 

13 ‘‘(vi) robbery; 

14 ‘‘(vii) arson; 

15 ‘‘(viii) extortion; or 

16 ‘‘(ix) the use or unlawful possession 

17 of— 

18 ‘‘(I) a firearm, as defined in sec19 tion 5845(a) of the Internal Revenue 

20 Code of 1986; or 

21 ‘‘(II) explosive materials, as de22 fined in section 841(c); 

23 ‘‘(3) the term ‘eligible individual’ means an in24 dividual who— 


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

2 a covered nonviolent offense; 

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

4 in subparagraph (A), has fulfilled each require5 ment of the sentence for the covered nonviolent 

6 offense, including— 

7 ‘‘(i) completing each term of imprison8 ment, probation, or supervised release; and 

9 ‘‘(ii) satisfying each condition of im10 prisonment, probation, or supervised re11 lease; 

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

13 been convicted of more than 2 felonies that are 

14 covered nonviolent offenses, including any such 

15 convictions that have been sealed; and 

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

17 that is not a covered nonviolent offense; 

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

19 who files a sealing petition; 

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

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

24 an individual for the offense; 


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

3 or 

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

6 ‘‘(6) the term ‘seal’— 

7 ‘‘(A) means— 

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

9 viewing so that the record cannot be exam10 ined except by court order; and 

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

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

13 case of an electronic record, the sub14 stantive equivalent; and 

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

16 3644, including— 

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

18 which a sealed record relates, and any ar19 rest, criminal proceeding, conviction, or 

20 sentence relating to the offense, as if it 

21 never occurred; and 

22 ‘‘(ii) protection from civil and criminal 

23 perjury, false swearing, and false state24 ment laws with respect to a sealed record; 


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1 ‘‘(7) the term ‘sealing hearing’ means a hearing 

2 held under section 3643(b)(2); and 

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

4 for a sealing order filed under section 3643(a). 

5 ‘‘(b) ELIGIBLE INDIVIDUALS.— 

6 ‘‘(1) MULTIPLE CONVICTIONS DEEMED TO BE

7 ONE CONVICTION.—For purposes of subsection 

8 (a)(2)(C)— 

9 ‘‘(A) multiple convictions shall be deemed 

10 to be 1 conviction if the convictions result from 

11 or relate to— 

12 ‘‘(i) the same act; or 

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

14 and 

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

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

17 from or relate to the same act or acts com18 mitted at the same time shall be deemed to be 

19 1 conviction if the convictions— 

20 ‘‘(i) result from or relate to— 

21 ‘‘(I) the same— 

22 ‘‘(aa) indictment, informa23 tion, or complaint; 

24 ‘‘(bb) plea of guilty; or 

25 ‘‘(cc) official proceeding; or 


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1 ‘‘(II) related criminal acts that 

2 were committed within a 3-month pe3 riod; or 

4 ‘‘(ii) are determined to be directly re5 lated to addiction or a substance use dis6 order. 

7 ‘‘(2) DISCRETION OF COURT.— 

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

9 sealing petition may determine that it is not in 

10 the public interest to deem multiple convictions 

11 described in paragraph (1)(B) to be 1 convic12 tion. 

13 ‘‘(B) REASONING.—If a court makes a de14 termination under subparagraph (A), the court 

15 shall make available to the public the reasoning 

16 for the determination. 

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

18 after the date of enactment of this subchapter, 

19 and each year thereafter, each district court of 

20 the United States shall submit to the appro21 priate committees of Congress a report that de22 scribes the exercise of discretion by the court 

23 under subparagraph (B), with all relevant data 

24 disaggregated by race, ethnicity, gender, and 

25 the nature of the offense. 


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1 ‘‘§ 3642. Automatic sealing of records of nonviolent 

2 drug offenses 

3 ‘‘(a) DEFINITION.—In this section, the term ‘con4 victed of a nonviolent drug offense’, with respect to an 

5 individual— 

6 ‘‘(1) means the individual is convicted of a cov7 ered nonviolent offense that is an offense under the 

8 Controlled Substances Act (21 U.S.C. 801 et seq.), 

9 the Controlled Substances Import and Export Act 

10 (21 U.S.C. 951 et seq.), or chapter 705 of title 46; 

11 and 

12 ‘‘(2) does not include a conviction with respect 

13 to which the court applied a sentencing enhancement 

14 under section 2D1.1(b)(2) of the Federal sentencing 

15 guidelines (relating to the use of violence or the 

16 threat or direction to use violence). 

17 ‘‘(b) AUTOMATIC SEALING.—Five years after the 

18 date on which an eligible individual who is convicted of 

19 a nonviolent drug offense completes every term of impris20 onment, probation, or supervised release ordered by the 

21 court with respect to the offense, the court shall order the 

22 sealing of each record or portion thereof that relates to 

23 the offense if the individual— 

24 ‘‘(1) has not been convicted of a crime or adju25 dicated delinquent for an act of juvenile delinquency 

26 since the date of the conviction; and 


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1 ‘‘(2) is not engaged in active criminal court pro2 ceedings or juvenile delinquency proceedings. 

3 ‘‘(c) AUTOMATIC NATURE OF SEALING.—The order 

4 of sealing under subsection (b) shall require no action by 

5 the individual whose records are to be sealed. 

6 ‘‘(d) NOTICE OF AUTOMATIC SEALING.—A court that 

7 orders the sealing of a record of an individual under sub8 section (b) shall, in writing, inform the individual of the 

9 sealing and the benefits of sealing the record, including 

10 protection from civil and criminal perjury, false swearing, 

11 and false statement laws with respect to the record. 

12 ‘‘§ 3643. Sealing petition 

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

14 ‘‘(1) IN GENERAL.—On and after the date de15 scribed in paragraph (2), an eligible individual may 

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

17 covered nonviolent offense in a district court of the 

18 United States. 

19 ‘‘(2) DATES.—The date described in this para20 graph is— 

21 ‘‘(A) for an eligible individual who is con22 victed of a covered nonviolent offense and sen23 tenced to a term of imprisonment, probation, or 

24 supervised release, the date that is 1 year after 

25 the date on which the eligible individual has 


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1 completed every such term of imprisonment, 

2 probation, or supervised release; and 

3 ‘‘(B) for an eligible individual not de4 scribed in subparagraph (A), the date on which 

5 the case relating to the covered nonviolent of6 fense is disposed of. 

7 ‘‘(3) NOTICE OF OPPORTUNITY TO FILE PETI8 TION.— 

9 ‘‘(A) CONVICTED INDIVIDUALS.— 

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

11 convicted of a covered nonviolent offense 

12 and will potentially be eligible to file a 

13 sealing petition with respect to the offense 

14 upon fulfilling each requirement of the sen15 tence for the offense as described in sec16 tion 3641(a)(2)(B), the court in which the 

17 individual is convicted shall, in writing, in18 form the individual, on each date described 

19 in clause (ii), of— 

20 ‘‘(I) that potential eligibility; 

21 ‘‘(II) the necessary procedures 

22 for filing the sealing petition; and 

23 ‘‘(III) the benefits of sealing a 

24 record, including protection from civil 

25 and criminal perjury, false swearing, 


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1 and false statement laws with respect 

2 to the record. 

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

4 this clause are— 

5 ‘‘(I) the date on which the indi6 vidual is convicted; and 

7 ‘‘(II) the date on which the indi8 vidual has completed every term of 

9 imprisonment, probation, or super10 vised release relating to the offense. 

11 ‘‘(B) INDIVIDUALS NOT CONVICTED.— 

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

13 is arrested for a covered nonviolent of14 fense, criminal proceedings are not insti15 tuted against the individual for the offense, 

16 and the individual is potentially eligible to 

17 file a sealing petition with respect to the 

18 offense, on the date on which the case re19 lating to the offense is disposed of, the ar20 resting authority shall, in writing, inform 

21 the individual of— 

22 ‘‘(I) that potential eligibility; 

23 ‘‘(II) the necessary procedures 

24 for filing the sealing petition; and 


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1 ‘‘(III) the benefits of sealing a 

2 record, including protection from civil 

3 and criminal perjury, false swearing, 

4 and false statement laws with respect 

5 to the record. 

6 ‘‘(ii) COURT PROCEEDINGS.—If an in7 dividual is arrested for a covered non8 violent offense, criminal proceedings are in9 stituted against the individual for the of10 fense, the individual is not convicted of the 

11 offense, and the individual is potentially el12 igible to file a sealing petition with respect 

13 to the offense, on the date on which the 

14 case relating to the offense is disposed of, 

15 the court in which the criminal proceedings 

16 take place shall, in writing, inform the in17 dividual of— 

18 ‘‘(I) that potential eligibility; 

19 ‘‘(II) the necessary procedures 

20 for filing the sealing petition; and 

21 ‘‘(III) the benefits of sealing a 

22 record, including protection from civil 

23 and criminal perjury, false swearing, 

24 and false statement laws with respect 

25 to the record. 


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1 ‘‘(b) PROCEDURES.— 

2 ‘‘(1) NOTIFICATION TO PROSECUTOR.—If an in3 dividual files a petition under subsection (a) with re4 spect to a covered nonviolent offense or arrest for a 

5 covered nonviolent offense, the district court in 

6 which the petition is filed shall provide notice of the 

7 petition— 

8 ‘‘(A) to the office of the United States at9 torney that prosecuted or would have pros10 ecuted the petitioner for the offense; and 

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

12 any other individual that the petitioner deter13 mines may testify as to the— 

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

15 date of the offense or arrest; or 

16 ‘‘(ii) reasons that the sealing order 

17 should be entered. 

18 ‘‘(2) HEARING.— 

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

20 days after the date on which an individual files 

21 a sealing petition, the district court shall— 

22 ‘‘(i) except as provided in subpara23 graph (D), conduct a hearing in accord24 ance with subparagraph (B); and 


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1 ‘‘(ii) determine whether to enter a 

2 sealing order for the individual in accord3 ance with paragraph (3). 

4 ‘‘(B) OPPORTUNITY TO TESTIFY AND

5 OFFER EVIDENCE.— 

6 ‘‘(i) PETITIONER.—The petitioner 

7 may testify or offer evidence at the sealing 

8 hearing in support of sealing. 

9 ‘‘(ii) PROSECUTOR.—The office of a 

10 United States attorney that receives notice 

11 under paragraph (1)(A) may send a rep12 resentative to testify or offer evidence at 

13 the sealing hearing in support of or 

14 against sealing. 

15 ‘‘(iii) OTHER INDIVIDUALS.—An indi16 vidual who receives notice under paragraph 

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

18 sealing hearing as to the issues described 

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

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

21 judge may preside over a hearing under this 

22 paragraph. 

23 ‘‘(D) WAIVER OF HEARING.—If the peti24 tioner and the United States attorney that re25 ceives notice under paragraph (1)(A) so agree, 


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1 the court shall make a determination under 

2 paragraph (3) without a hearing. 

3 ‘‘(3) BASIS FOR DECISION.— 

4 ‘‘(A) IN GENERAL.—In determining wheth5 er to enter a sealing order with respect to pro6 tected information relating to a covered non7 violent offense, the court— 

8 ‘‘(i) shall consider— 

9 ‘‘(I) the petition and any docu10 ments in the possession of the court; 

11 and 

12 ‘‘(II) all the evidence and testi13 mony presented at the sealing hear14 ing, if such a hearing is conducted; 

15 ‘‘(ii) may not consider any non-Fed16 eral nonviolent crimes for which the peti17 tioner has been arrested or proceeded 

18 against, or of which the petitioner has been 

19 convicted; and 

20 ‘‘(iii) shall balance— 

21 ‘‘(I)(aa) the interest of public 

22 knowledge and safety; and 

23 ‘‘(bb) the legitimate interest, if 

24 any, of the Government in maintain25 ing the accessibility of the protected 


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1 information, including any potential 

2 impact of sealing the protected infor3 mation on Federal licensure, permit, 

4 or employment restrictions; against 

5 ‘‘(II)(aa) the conduct and dem6 onstrated desire of the petitioner to be 

7 rehabilitated and positively contribute 

8 to the community; and 

9 ‘‘(bb) the interest of the peti10 tioner in having the protected infor11 mation sealed, including the harm of 

12 the protected information to the abil13 ity of the petitioner to secure and 

14 maintain employment. 

15 ‘‘(B) BURDEN ON GOVERNMENT.—The 

16 burden shall be on the Government to show 

17 that the interests under subclause (I) of sub18 paragraph (A)(iii) outweigh the interests of the 

19 petitioner under subclause (II) of that subpara20 graph. 

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

22 district court denies a sealing petition, the petitioner 

23 may not file a new sealing petition with respect to 

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

25 the date of the denial. 


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

2 Administrative Office of the United States Courts 

3 shall create a universal form, available over the 

4 internet and in paper form, that an individual may 

5 use to file a sealing petition. 

6 ‘‘(6) FEE WAIVER.—The Director of the Ad7 ministrative Office of the United States Courts shall 

8 by regulation establish a minimally burdensome 

9 process under which indigent petitioners may obtain 

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

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

12 the date of enactment of this subchapter, and each 

13 year thereafter, each district court of the United 

14 States shall issue a public report that— 

15 ‘‘(A) describes— 

16 ‘‘(i) the number of sealing petitions 

17 granted and denied under this section; and 

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

19 the office of a United States attorney sup20 ported or opposed a sealing petition; 

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

22 court determines relevant and that does not 

23 name any petitioner; and 


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1 ‘‘(C) disaggregates all relevant data by 

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

3 offense. 

4 ‘‘(8) PUBLIC DEFENDER ELIGIBILITY.— 

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

6 may, in its discretion, appoint counsel in ac7 cordance with the plan of the district court in 

8 operation under section 3006A to represent a 

9 petitioner for purposes of this section. 

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

12 subparagraph (A), the court shall consider— 

13 ‘‘(i) the anticipated complexity of the 

14 sealing hearing, including the number and 

15 type of witnesses called to advocate against 

16 the sealing of the protected information of 

17 the petitioner; and 

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

20 office of the United States attorney. 

21 ‘‘§ 3644. Effect of sealing order 

22 ‘‘(a) IN GENERAL.—Except as provided in this sec23 tion, if a district court of the United States enters a seal24 ing order with respect to a covered nonviolent offense, the 

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


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

2 never occurred. 

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

4 of the United States enters a sealing order with respect 

5 to a covered nonviolent offense, the court shall— 

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

7 entity or person known to the court that possesses 

8 a record containing protected information that re9 lates to the offense, including each— 

10 ‘‘(A) law enforcement agency; and 

11 ‘‘(B) public or private correctional or de12 tention facility; 

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

14 person described in paragraph (1) to— 

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

16 this section; and 

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

18 court, under penalty of perjury, that the entity 

19 or person has sealed each paper and electronic 

20 copy of the record; 

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

22 record in the possession of the court; and 

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

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

25 the petitioner that each entity or person described in 


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1 paragraph (1) has sealed each paper and electronic 

2 copy of the record. 

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

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

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

6 nonviolent offense shall not be subject to prosecution 

7 under any civil or criminal provision of Federal or State 

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

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

10 for failing to recite or acknowledge any protected informa11 tion with respect to the offense or respond to any inquiry 

12 made of the petitioner, relating to the protected informa13 tion, for any purpose. 

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

15 The Attorney General— 

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

17 protected information that has been sealed under 

18 this subchapter; and 

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

20 only— 

21 ‘‘(A) for legitimate investigative purposes; 

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

23 of the facts of the arrest or subsequent pro24 ceedings; or 


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1 ‘‘(C) if the Attorney General determines 

2 that disclosure is necessary to serve the inter3 ests of justice, public safety, or national secu4 rity. 

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

6 State law enforcement agency may access a record that 

7 is sealed under this subchapter solely— 

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

9 whom the record relates is eligible for a first-time10 offender diversion program; 

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

12 supervision purposes; or 

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

14 enforcement employment or any employment that re15 quires a government security clearance. 

16 ‘‘(f) PROHIBITION ON DISCLOSURE.— 

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

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

19 make or attempt to make an unauthorized disclosure 

20 of any protected information from a record that has 

21 been sealed under this subchapter. 

22 ‘‘(2) PENALTY.—Any person who violates para23 graph (1) shall be fined under this title, imprisoned 

24 for not more than 1 year, or both. 

25 ‘‘(3) EXCEPTIONS.— 


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1 ‘‘(A) BACKGROUND CHECKS.—An indi2 vidual who is the subject of a record sealed 

3 under this subchapter shall, and a Federal or 

4 State law enforcement agency that possesses 

5 such a record may, disclose the record in the 

6 case of a background check for— 

7 ‘‘(i) law enforcement employment; or 

8 ‘‘(ii) any position that a Federal agen9 cy designates as a— 

10 ‘‘(I) national security position; or 

11 ‘‘(II) high-risk, public trust posi12 tion. 

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

14 person may disclose protected information from 

15 a record sealed under this subchapter to the 

16 Secretaries of the military departments (or the 

17 Secretary of Homeland Security with respect to 

18 the Coast Guard when it is not operating as a 

19 service in the Navy) for the purpose of vetting 

20 an enlistment or commission, or with regard to 

21 any member of the Armed Forces. 

22 ‘‘(C) CRIMINAL AND JUVENILE PRO23 CEEDINGS.—A prosecutor may disclose pro24 tected information from a record sealed under 


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1 this subchapter if the information pertains to a 

2 potential witness in a Federal or State— 

3 ‘‘(i) criminal proceeding; or 

4 ‘‘(ii) juvenile delinquency proceeding. 

5 ‘‘(D) AUTHORIZATION FOR INDIVIDUAL TO

6 DISCLOSE OWN RECORD.—An individual who is 

7 the subject of a record sealed under this sub8 chapter may choose to disclose the record.’’. 

9 (c) APPLICABILITY.—Sections 3642 and 3643 of title 

10 18, United States Code, as added by subsection (b), shall 

11 apply with respect to a covered nonviolent offense (as de12 fined in section 3641(a) of such title) that is committed 

13 or alleged to have been committed before, on, or after the 

14 date of enactment of this Act. 

15 (d) TRANSITION PERIOD FOR HEARINGS DEAD16 LINE.—During the 1-year period beginning on the date 

17 of enactment of this Act, section 3643(b)(2)(A) of title 

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

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

20 (e) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

23 following: 

‘‘E. Sealing of Criminal Records ................................................. 3641’’. 

24 SEC. 3. JUVENILE SEALING AND EXPUNGEMENT. 

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


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1 (1) protect children and adults against damage 

2 stemming from their juvenile acts and subsequent 

3 juvenile delinquency records, including law enforce4 ment, arrest, and court records; and 

5 (2) prevent the unauthorized use or disclosure 

6 of confidential juvenile delinquency records and any 

7 potential employment, financial, psychological, or 

8 other harm that would result from such unauthor9 ized use or disclosure. 

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

11 States Code, is amended to read as follows: 

12 ‘‘§ 5031. Definitions 

13 ‘‘In this chapter— 

14 ‘‘(1) the term ‘adjudication’ means a deter15 mination by a judge that a person committed an act 

16 of juvenile delinquency; 

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

18 disposition in criminal court against a person fol19 lowing a finding of guilt by a judge or jury; 

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

21 unreadable, whether paper, electronic, or otherwise 

22 stored, by shredding, pulverizing, pulping, incin23 erating, overwriting, reformatting the media, or 

24 other means; 

25 ‘‘(4) the term ‘expunge’— 


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1 ‘‘(A) means to destroy a record and oblit2 erate the name of the person to whom the 

3 record pertains from each official index or pub4 lic record; and 

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

6 5045(c), including— 

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

8 which an expunged record relates, and any 

9 arrest, juvenile delinquency proceeding, ad10 judication, or other result of such pro11 ceeding relating to the offense, as if it 

12 never occurred; and 

13 ‘‘(ii) protection from civil and criminal 

14 perjury, false swearing, and false state15 ment laws with respect to an expunged 

16 record; 

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

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

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

20 petition for expungement filed under section 

21 5045(b); 

22 ‘‘(7) the term ‘juvenile’ means— 

23 ‘‘(A) except as provided in subparagraph 

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

25 18; and 


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

2 disposition under this chapter for an alleged act 

3 of juvenile delinquency, a person who has not 

4 attained the age of 21; 

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

6 violation of a law of the United States committed by 

7 a person before attaining the age of 18 which would 

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

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

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

11 means an act of juvenile delinquency that is not— 

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

13 103 of the Juvenile Justice and Delinquency 

14 Prevention Act of 1974 (34 U.S.C. 11103)); or 

15 ‘‘(B) a sex offense (as defined in section 

16 111 of the Sex Offender Registration and Noti17 fication Act (34 U.S.C. 20911)); 

18 ‘‘(10) the term ‘juvenile record’— 

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

20 court, the probation system, a law enforcement 

21 agency, or any other government agency, of the 

22 juvenile delinquency proceedings of a person; 

23 and 

24 ‘‘(B) includes— 


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

2 formal document such as a petition, notice, 

3 motion, legal memorandum, order, or de4 cree; 

5 ‘‘(ii) a social record, including— 

6 ‘‘(I) a record of a probation offi7 cer; 

8 ‘‘(II) a record of any government 

9 agency that keeps records relating to 

10 juvenile delinquency; 

11 ‘‘(III) a medical record; 

12 ‘‘(IV) a psychiatric or psycho13 logical record; 

14 ‘‘(V) a birth certificate; 

15 ‘‘(VI) an education record, in16 cluding an individualized education 

17 plan; 

18 ‘‘(VII) a detention record; 

19 ‘‘(VIII) demographic information 

20 that identifies a juvenile or the family 

21 of a juvenile; or 

22 ‘‘(IX) any other record that in23 cludes personally identifiable informa24 tion that may be associated with a ju25 venile delinquency proceeding, an act 


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1 of juvenile delinquency, or an alleged 

2 act of juvenile delinquency; 

3 ‘‘(iii) a law enforcement record, in4 cluding— 

5 ‘‘(I) fingerprints; 

6 ‘‘(II) a DNA sample; or 

7 ‘‘(III) a photograph; and 

8 ‘‘(iv) a State criminal justice informa9 tion system record; 

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

11 files an expungement petition or a sealing petition; 

12 ‘‘(12) the term ‘seal’— 

13 ‘‘(A) means— 

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

15 viewing so that the record cannot be exam16 ined except by court order; and 

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

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

19 case of an electronic record, the sub20 stantive equivalent; and 

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

22 5044(c), including— 

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

24 which a sealed record relates, and any ar25 rest, juvenile delinquency proceeding, adjuVerDate Sep 11 2014 00:13 May 07, 2019 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410

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1 dication, or other result of such proceeding 

2 relating to the offense, as if it never oc3 curred; and 

4 ‘‘(ii) protection from civil and criminal 

5 perjury, false swearing, and false state6 ment laws with respect to a sealed record; 

7 ‘‘(13) the term ‘sealing hearing’ means a hear8 ing held under section 5044(b)(2)(B); and 

9 ‘‘(14) the term ‘sealing petition’ means a peti10 tion for a sealing order filed under section 

11 5044(b).’’. 

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

13 United States Code, is amended— 

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

15 paragraph (6), by inserting after ‘‘bonding,’’ the fol16 lowing: ‘‘participation in an educational system,’’; 

17 and 

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

19 courts exercising jurisdiction over any juvenile’’ and 

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

21 the date on which a district court exercises jurisdic22 tion over a juvenile, the district court’’. 

23 (d) SEALING; EXPUNGEMENT.— 


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

2 United States Code, is amended by adding at the 

3 end the following: 

4 ‘‘§ 5044. Sealing 

5 ‘‘(a) AUTOMATIC SEALING OF NONVIOLENT OF6 FENSES.— 

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

8 on which a person who is adjudicated delinquent 

9 under this chapter for a juvenile nonviolent offense 

10 completes every term of probation, official detention, 

11 or juvenile delinquent supervision ordered by the 

12 court with respect to the offense, the court shall 

13 order the sealing of each juvenile record or portion 

14 thereof that relates to the offense if the person— 

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

16 adjudicated delinquent for an act of juvenile de17 linquency since the date of the disposition; and 

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

19 court proceedings or juvenile delinquency pro20 ceedings. 

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

22 order of sealing under paragraph (1) shall require 

23 no action by the person whose juvenile records are 

24 to be sealed. 


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

2 court that orders the sealing of a juvenile record of 

3 a person under paragraph (1) shall, in writing, in4 form the person of the sealing and the benefits of 

5 sealing the record, including protection from civil 

6 and criminal perjury, false swearing, and false state7 ment laws with respect to 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. 

20 ‘‘(B) NOTICE OF OPPORTUNITY TO FILE

21 PETITION.—If a person is adjudged delinquent 

22 for a juvenile nonviolent offense, the court in 

23 which the person is adjudged delinquent shall, 

24 in writing, inform the person of the potential 

25 eligibility of the person to file a sealing petition 


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1 with respect to the offense upon completing 

2 every term of probation, official detention, or 

3 juvenile delinquent supervision ordered by the 

4 court with respect to the offense, and the nec5 essary procedures for filing the sealing peti6 tion— 

7 ‘‘(i) on the date on which the indi8 vidual is adjudged delinquent; and 

9 ‘‘(ii) on the date on which the indi10 vidual has completed every term of proba11 tion, official detention, or juvenile delin12 quent supervision ordered by the court 

13 with respect to the offense. 

14 ‘‘(2) PROCEDURES.— 

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

16 a person files a sealing petition with respect to 

17 a juvenile nonviolent offense, the court in which 

18 the petition is filed shall provide notice of the 

19 petition— 

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

21 ‘‘(ii) upon the request of the peti22 tioner, to any other individual that the pe23 titioner determines may testify as to— 

24 ‘‘(I) the conduct of the petitioner 

25 since the date of the offense; or 


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1 ‘‘(II) the reasons that the sealing 

2 order should be entered. 

3 ‘‘(B) HEARING.— 

4 ‘‘(i) IN GENERAL.—Not later than 

5 180 days after the date on which a person 

6 files a sealing petition, the court shall— 

7 ‘‘(I) except as provided in clause 

8 (iii), conduct a hearing in accordance 

9 with clause (ii); and 

10 ‘‘(II) determine whether to enter 

11 a sealing order for the person in ac12 cordance with subparagraph (C). 

13 ‘‘(ii) OPPORTUNITY TO TESTIFY AND

14 OFFER EVIDENCE.— 

15 ‘‘(I) PETITIONER.—The peti16 tioner may testify or offer evidence at 

17 the sealing hearing in support of seal18 ing. 

19 ‘‘(II) PROSECUTOR.—The Attor20 ney General may send a representa21 tive to testify or offer evidence at the 

22 sealing hearing in support of or 

23 against sealing. 

24 ‘‘(III) OTHER INDIVIDUALS.—An 

25 individual who receives notice under 


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1 subparagraph (A)(ii) may testify or 

2 offer evidence at the sealing hearing 

3 as to the issues described in sub4 clauses (I) and (II) of that subpara5 graph. 

6 ‘‘(iii) WAIVER OF HEARING.—If the 

7 petitioner and the Attorney General so 

8 agree, the court shall make a determina9 tion under subparagraph (C) without a 

10 hearing. 

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

12 shall determine whether to grant the sealing pe13 tition after considering— 

14 ‘‘(i) the sealing petition and any docu15 ments in the possession of the court; 

16 ‘‘(ii) all the evidence and testimony 

17 presented at the sealing hearing, if such a 

18 hearing is conducted; 

19 ‘‘(iii) the best interests of the peti20 tioner; 

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

22 his or her contact with the court or any 

23 law enforcement agency; 

24 ‘‘(v) the nature of the juvenile non25 violent offense; 


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

2 ‘‘(vii) the manner in which the peti3 tioner participated in any court-ordered re4 habilitative programming or supervised 

5 services; 

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

7 during which the petitioner has been with8 out contact with any court or law enforce9 ment agency; 

10 ‘‘(ix) whether the petitioner has had 

11 any criminal or juvenile delinquency in12 volvement since the disposition of the juve13 nile delinquency proceeding; and 

14 ‘‘(x) the adverse consequences the pe15 titioner may suffer if the petition is not 

16 granted. 

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

18 the court denies a sealing petition, the peti19 tioner may not file a new sealing petition with 

20 respect to the same juvenile nonviolent offense 

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

22 the denial. 

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

24 the Administrative Office of the United States 

25 Courts shall create a universal form, available 


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1 over the internet and in paper form, that an in2 dividual may use to file a sealing petition. 

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

4 be no cost for filing a sealing petition. 

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

6 after the date of enactment of this section, and 

7 each year thereafter, each district court of the 

8 United States shall issue a public report that— 

9 ‘‘(i) describes— 

10 ‘‘(I) the number of sealing peti11 tions granted and denied under this 

12 subsection; and 

13 ‘‘(II) the number of instances in 

14 which the Attorney General supported 

15 or opposed a sealing petition; 

16 ‘‘(ii) includes any supporting data 

17 that the court determines relevant and that 

18 does not name any petitioner; and 

19 ‘‘(iii) disaggregates all relevant data 

20 by race, ethnicity, gender, and the nature 

21 of the offense. 

22 ‘‘(H) PUBLIC DEFENDER ELIGIBILITY.— 

23 ‘‘(i) PETITIONERS UNDER AGE 18.— 

24 The district court shall appoint counsel in 

25 accordance with the plan of the district 


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1 court in operation under section 3006A to 

2 represent a petitioner for purposes of this 

3 subsection if the petitioner is less than 18 

4 years of age. 

5 ‘‘(ii) PETITIONERS AGE 18 AND

6 OLDER.— 

7 ‘‘(I) DISCRETION OF COURT.—In 

8 the case of a petitioner who not less 

9 than 18 years of age, the district 

10 court may, in its discretion, appoint 

11 counsel in accordance with the plan of 

12 the district court in operation under 

13 section 3006A to represent the peti14 tioner for purposes of this subsection. 

15 ‘‘(II) CONSIDERATIONS.—In de16 termining whether to appoint counsel 

17 under subclause (I), the court shall 

18 consider— 

19 ‘‘(aa) the anticipated com20 plexity of the sealing hearing, in21 cluding the number and type of 

22 witnesses called to advocate 

23 against the sealing of the records 

24 of the petitioner; and 


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

3 representative of the Attorney 

4 General. 

5 ‘‘(c) EFFECT OF SEALING ORDER.— 

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

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

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

9 juvenile nonviolent offense, the offense and any ar10 rest, juvenile delinquency proceeding, adjudication, 

11 or other result of such proceeding relating to the of12 fense shall be treated as if it never occurred. 

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

14 orders the sealing of a juvenile record under sub15 section (a) or (b) with respect to a juvenile non16 violent offense, the court shall— 

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

18 each entity or person known to the court that 

19 possesses a record relating to the offense, in20 cluding each— 

21 ‘‘(i) law enforcement agency; and 

22 ‘‘(ii) public or private correctional or 

23 detention facility; 


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1 ‘‘(B) in the sealing order, require each en2 tity or person described in subparagraph (A) 

3 to— 

4 ‘‘(i) seal the record; and 

5 ‘‘(ii) submit a written certification to 

6 the court, under penalty of perjury, that 

7 the entity or person has sealed each paper 

8 and electronic copy of the record; 

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

10 the record in the possession of the court; and 

11 ‘‘(D) after receiving a written certification 

12 from each entity or person under subparagraph 

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

14 person described in subparagraph (A) has 

15 sealed each paper and electronic copy of the 

16 record. 

17 ‘‘(3) PROTECTION FROM PERJURY LAWS.—Ex18 cept as provided in paragraph (5)(C)(i), the person 

19 who is the subject of a juvenile record sealed under 

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

21 not be subject to prosecution under any civil or 

22 criminal provision of Federal or State law relating to 

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

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

25 failing to acknowledge the record or respond to any 


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1 inquiry made of the person or the parent, relating 

2 to the record, for any purpose. 

3 ‘‘(4) LAW ENFORCEMENT ACCESS TO SEALED

4 RECORDS.—A law enforcement agency may access a 

5 sealed juvenile record of a person solely— 

6 ‘‘(A) to determine whether the person is el7 igible for a first-time-offender diversion pro8 gram; 

9 ‘‘(B) for investigatory or prosecutorial pur10 poses within the juvenile justice system; or 

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

12 to— 

13 ‘‘(i) law enforcement employment; or 

14 ‘‘(ii) any position that a Federal agen15 cy designates as a— 

16 ‘‘(I) national security position; or 

17 ‘‘(II) high-risk, public trust posi18 tion. 

19 ‘‘(5) PROHIBITION ON DISCLOSURE.— 

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

21 in subparagraph (C), it shall be unlawful to in22 tentionally make or attempt to make an unau23 thorized disclosure of any information from a 

24 sealed juvenile record in violation of this sec25 tion. 


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

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

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

4 ‘‘(C) EXCEPTIONS.— 

5 ‘‘(i) BACKGROUND CHECKS.—A per6 son who is the subject of a juvenile record 

7 sealed under this section shall, and a Fed8 eral or State law enforcement agency that 

9 possesses such a record may, disclose the 

10 record in the case of a background check 

11 for— 

12 ‘‘(I) law enforcement employ13 ment; or 

14 ‘‘(II) any employment that re15 quires a government security clear16 ance. 

17 ‘‘(ii) DISCLOSURE TO ARMED

18 FORCES.—A person may disclose informa19 tion from a sealed juvenile record to the 

20 Secretaries of the military departments (or 

21 the Secretary of Homeland Security with 

22 respect to the Coast Guard when it is not 

23 operating as a service in the Navy) for the 

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1 mission, or with regard to any member of 

2 the Armed Forces. 

3 ‘‘(iii) CRIMINAL AND JUVENILE PRO4 CEEDINGS.—A prosecutor may disclose in5 formation from a juvenile record sealed 

6 under this section if the information per7 tains to a potential witness in a Federal or 

8 State— 

9 ‘‘(I) criminal proceeding; or 

10 ‘‘(II) juvenile delinquency pro11 ceeding. 

12 ‘‘(iv) AUTHORIZATION FOR PERSON

13 TO DISCLOSE OWN RECORD.—A person 

14 who is the subject of a juvenile record 

15 sealed under this section may choose to 

16 disclose the record. 

17 ‘‘§ 5045. Expungement 

18 ‘‘(a) AUTOMATIC EXPUNGEMENT OF CERTAIN

19 RECORDS.— 

20 ‘‘(1) ATTORNEY GENERAL MOTION.— 

21 ‘‘(A) NONVIOLENT OFFENSES COMMITTED

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

23 adjudicated delinquent under this chapter for a 

24 juvenile nonviolent offense committed before the 

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


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1 which the person attains 18 years of age, the 

2 Attorney General shall file a motion in the dis3 trict court of the United States in which the 

4 person was adjudicated delinquent requesting 

5 that each juvenile record of the person that re6 lates to the offense be expunged. 

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

8 for an offense for which a juvenile delinquency 

9 proceeding is not instituted under this sub10 chapter, the Attorney General shall file a mo11 tion in the district court of the United States 

12 that would have had jurisdiction of the pro13 ceeding requesting that each juvenile record re14 lating to the arrest be expunged. 

15 ‘‘(C) EXPUNGEMENT ORDER.—Upon the 

16 filing of a motion in a district court of the 

17 United States with respect to a juvenile non18 violent offense under subparagraph (A) or an 

19 arrest for an offense under subparagraph (B), 

20 the court shall grant the motion and order that 

21 each juvenile record relating to the offense or 

22 arrest, as applicable, be expunged. 

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

24 the United States dismisses an information with re25 spect to a juvenile under this subchapter or finds a 


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1 juvenile not to be delinquent in a juvenile delin2 quency proceeding under this subchapter, the court 

3 shall concurrently order that each juvenile record re4 lating to the applicable proceeding be expunged. 

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

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

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

8 records are to be expunged. 

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

10 A court that orders the expungement of a juvenile 

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

12 shall, in writing, inform the person of the 

13 expungement and the benefits of expunging the 

14 record, including protection from civil and criminal 

15 perjury, false swearing, and false statement laws 

16 with respect to the record. 

17 ‘‘(b) PETITIONING FOR EXPUNGEMENT OF NON18 VIOLENT OFFENSES.— 

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

20 delinquent under this chapter for a juvenile non21 violent offense committed on or after the date on 

22 which the person attained 15 years of age may peti23 tion the court in which the proceeding took place to 

24 order the expungement of the juvenile record that 

25 relates to the offense. 


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1 ‘‘(2) PROCEDURES.— 

2 ‘‘(A) NOTIFICATION OF PROSECUTOR AND

3 VICTIMS.—If a person files an expungement pe4 tition with respect to a juvenile nonviolent of5 fense, the court in which the petition is filed 

6 shall provide notice of the 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 

14 expungement 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 an expungement petition, the court 

19 shall— 

20 ‘‘(I) except as provided in clause 

21 (iii), conduct a hearing in accordance 

22 with clause (ii); and 

23 ‘‘(II) determine whether to enter 

24 an expungement order for the person 

25 in accordance 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 expungement hearing in support 

6 of expungement. 

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

10 expungement hearing in support of or 

11 against expungement. 

12 ‘‘(III) OTHER INDIVIDUALS.—An 

13 individual who receives notice under 

14 subparagraph (A)(ii) may testify or 

15 offer evidence at the expungement 

16 hearing as to the issues described in 

17 subclauses (I) and (II) of that sub18 paragraph. 

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

20 shall determine whether to grant an expunge21 ment petition after considering— 

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

23 the possession of the court; 


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1 ‘‘(ii) all the evidence and testimony 

2 presented at the expungement hearing, if 

3 such a 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 any law en19 forcement 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 an expungement petition, the 

6 petitioner may not file a new expungement peti7 tion with respect to the same offense until the 

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

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

10 the Administrative Office of the United States 

11 Courts shall create a universal form, available 

12 over the internet and in paper form, that an in13 dividual may use to file an expungement peti14 tion. 

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

16 shall be no cost for filing an expungement peti17 tion. 

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

19 after the date of enactment of this section, and 

20 each year thereafter, each district court of the 

21 United States shall issue a public report that— 

22 ‘‘(i) describes— 

23 ‘‘(I) the number of expungement 

24 petitions granted and denied under 

25 this subsection; and 


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1 ‘‘(II) the number of instances in 

2 which the Attorney General supported 

3 or opposed an expungement petition; 

4 ‘‘(ii) includes any supporting data 

5 that the court determines relevant and that 

6 does not name any petitioner; and 

7 ‘‘(iii) disaggregates all relevant data 

8 by race, ethnicity, gender, and the nature 

9 of the offense. 

10 ‘‘(H) PUBLIC DEFENDER ELIGIBILITY.— 

11 ‘‘(i) PETITIONERS UNDER AGE 18.— 

12 The district court shall appoint counsel in 

13 accordance with the plan of the district 

14 court in operation under section 3006A to 

15 represent a petitioner for purposes of this 

16 subsection if the petitioner is less than 18 

17 years of age. 

18 ‘‘(ii) PETITIONERS AGE 18 AND

19 OLDER.— 

20 ‘‘(I) DISCRETION OF COURT.—In 

21 the case of a petitioner who not less 

22 than 18 years of age, the district 

23 court may, in its discretion, appoint 

24 counsel in accordance with the plan of 

25 the district court in operation under 


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1 section 3006A to represent the peti2 tioner for purposes of this subsection. 

3 ‘‘(II) CONSIDERATIONS.—In de4 termining whether to appoint counsel 

5 under subclause (I), the court shall 

6 consider— 

7 ‘‘(aa) the anticipated com8 plexity of the expungement hear9 ing, including the number and 

10 type of witnesses called to advo11 cate against the expungement of 

12 the records of the petitioner; and 

13 ‘‘(bb) the potential for ad14 verse testimony by a victim or a 

15 representative of the Attorney 

16 General. 

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

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

19 subsection, if a court orders the expungement of a 

20 juvenile record under subsection (a) or (b) with re21 spect to a juvenile nonviolent offense— 

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

23 delinquency proceeding, adjudication, or other 

24 result of such proceeding relating to the offense 

25 shall be treated as if it never occurred; and 


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1 ‘‘(B) the person to whom the record per2 tains shall not be required to disclose the exist3 ence of the record. 

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

5 court orders the expungement of a juvenile record 

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

7 nonviolent offense, the court shall— 

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

9 to each entity or person known to the court 

10 that possesses a record relating to the offense, 

11 including each— 

12 ‘‘(i) law enforcement agency; and 

13 ‘‘(ii) public or private correctional or 

14 detention facility; 

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

16 each entity or person described in subparagraph 

17 (A) to— 

18 ‘‘(i) destroy the record; and 

19 ‘‘(ii) submit a written certification to 

20 the court, under penalty of perjury, that 

21 the entity or person has destroyed each 

22 paper and electronic copy of the record; 

23 ‘‘(C) destroy each paper and electronic 

24 copy of the record in the possession of the 

25 court; and 


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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 de5 stroyed each paper and electronic copy of the 

6 record. 

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

8 inquiry relating to a juvenile record of a person that 

9 is expunged under this section, the court in which 

10 the proceeding took place, each law enforcement offi11 cer, any agency that provided treatment or rehabili12 tation services to the person, and the person (except 

13 as provided in paragraph (6)) shall reply to the in14 quiry that no such juvenile record exists. 

15 ‘‘(4) PROTECTION FROM PERJURY LAWS.—Ex16 cept as provided in paragraph (5), if a juvenile 

17 record of a person is expunged under this section, 

18 the person who is the subject of the record or a par19 ent of the person shall not be subject to prosecution 

20 under any civil or criminal provision of Federal or 

21 State law relating to perjury, false swearing, or 

22 making a false statement, including section 1001, 

23 1621, 1622, or 1623, for failing to acknowledge the 

24 record or respond to any inquiry made of the person 


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1 or the parent, relating to the record, for any pur2 pose. 

3 ‘‘(5) CIVIL ACTIONS.— 

4 ‘‘(A) IN GENERAL.—If a person whose ju5 venile record is expunged under this section 

6 brings an action that might be defended with 

7 the contents of the record, there shall be a re8 buttable presumption that the defendant has a 

9 complete defense to the action. 

10 ‘‘(B) SHOWING BY PLAINTIFF.—In an ac11 tion described in subparagraph (A), the plaintiff 

12 may rebut the presumption of a complete de13 fense by showing that the contents of the ex14 punged record would not prevent the defendant 

15 from being liable. 

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

17 OF RECORD.—The court in which an action de18 scribed in subparagraph (A) is filed may re19 quire the plaintiff to state under oath whether 

20 the plaintiff had a juvenile record and whether 

21 the record was expunged. 

22 ‘‘(D) PROOF OF EXISTENCE OF JUVENILE

23 RECORD.—If the plaintiff in an action described 

24 in subparagraph (A) denies the existence of a 

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1 istence of the record in any manner compatible 

2 with the applicable laws of evidence. 

3 ‘‘(6) CRIMINAL AND JUVENILE PRO4 CEEDINGS.—A prosecutor may disclose information 

5 from a juvenile record expunged under this section 

6 if the information pertains to a potential witness in 

7 a Federal or State— 

8 ‘‘(A) criminal proceeding; or 

9 ‘‘(B) juvenile delinquency proceeding. 

10 ‘‘(7) AUTHORIZATION FOR PERSON TO DIS11 CLOSE OWN RECORD.—A person who is the subject 

12 of a juvenile record expunged under this section may 

13 choose to disclose the record.’’. 

14 (2) TECHNICAL AND CONFORMING AMEND15 MENT.—The table of sections for chapter 403 of 

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

17 at the end the following: 

‘‘5044. Sealing. 

‘‘5045. Expungement.’’. 

18 (3) APPLICABILITY.—Sections 5044 and 5045 

19 of title 18, United States Code, as added by para20 graph (1), shall apply with respect to a juvenile non21 violent offense (as defined in section 5031 of such 

22 title, as amended by subsection (b)) that is com23 mitted or alleged to have been committed before, on, 

24 or after the date of enactment of this Act. 


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1 (e) JUVENILE SOLITARY CONFINEMENT.—Chapter 

2 403 of title 18, United States Code, as amended by this 

3 section, is further amended by striking section 5043 and 

4 inserting the following: 

5 ‘‘§ 5043. Juvenile solitary confinement 

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

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

8 ‘‘(A) a juvenile who— 

9 ‘‘(i) is being proceeded against under 

10 this chapter for an alleged act of juvenile 

11 delinquency; or 

12 ‘‘(ii) has been adjudicated delinquent 

13 under this chapter; or 

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

15 against as an adult in a district court of the 

16 United States for an alleged criminal offense; 

17 ‘‘(2) the term ‘juvenile facility’ means any facil18 ity where covered juveniles are— 

19 ‘‘(A) committed pursuant to an adjudica20 tion of delinquency under this chapter; or 

21 ‘‘(B) detained prior to disposition or con22 viction; and 

23 ‘‘(3) the term ‘room confinement’ means the in24 voluntary placement of a covered juvenile alone in a 

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


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1 ‘‘(b) PROHIBITION ON ROOM CONFINEMENT IN JU2 VENILE FACILITIES.— 

3 ‘‘(1) IN GENERAL.—The use of room confine4 ment at a juvenile facility for discipline, punishment, 

5 retaliation, or any reason other than as a temporary 

6 response to a covered juvenile’s behavior that poses 

7 a serious and immediate risk of physical harm to 

8 any individual, including the covered juvenile, is pro9 hibited. 

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

11 ‘‘(A) REQUIREMENT TO USE LEAST RE12 STRICTIVE TECHNIQUES.— 

13 ‘‘(i) IN GENERAL.—Before a staff 

14 member of a juvenile facility places a cov15 ered juvenile in room confinement, the 

16 staff member shall attempt to use less re17 strictive techniques, including— 

18 ‘‘(I) talking with the covered ju19 venile in an attempt to de-escalate the 

20 situation; and 

21 ‘‘(II) permitting a qualified men22 tal health professional, or a staff 

23 member who has received training in 

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1 informed care, to talk to the covered 

2 juvenile. 

3 ‘‘(ii) EXPLANATION.—If, after at4 tempting to use less restrictive techniques 

5 as required under clause (i), a staff mem6 ber of a juvenile facility decides to place a 

7 covered juvenile in room confinement, the 

8 staff member shall first— 

9 ‘‘(I) explain to the covered juve10 nile the reasons for the room confine11 ment; and 

12 ‘‘(II) inform the covered juvenile 

13 that release from room confinement 

14 will occur— 

15 ‘‘(aa) immediately when the 

16 covered juvenile regains self-con17 trol, as described in subpara18 graph (B)(i); or 

19 ‘‘(bb) not later than after 

20 the expiration of the time period 

21 described in subclause (I) or (II) 

22 of subparagraph (B)(ii), as appli23 cable. 

24 ‘‘(B) MAXIMUM PERIOD OF CONFINE25 MENT.—If a covered juvenile is placed in room 


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1 confinement because the covered juvenile poses 

2 a serious and immediate risk of physical harm 

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

4 juvenile shall be released— 

5 ‘‘(i) immediately when the covered ju6 venile has sufficiently gained control so as 

7 to no longer engage in behavior that 

8 threatens serious and immediate risk of 

9 physical harm to himself or herself, or to 

10 others; or 

11 ‘‘(ii) if a covered juvenile does not suf12 ficiently gain control as described in clause 

13 (i), not later than— 

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

15 room confinement, in the case of a 

16 covered juvenile who poses a serious 

17 and immediate risk of physical harm 

18 to others; or 

19 ‘‘(II) 30 minutes after being 

20 placed in room confinement, in the 

21 case of a covered juvenile who poses a 

22 serious and immediate risk of physical 

23 harm only to himself or herself. 

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1 ble maximum period of confinement under sub2 clause (I) or (II) of subparagraph (B)(ii) has 

3 expired, a covered juvenile continues to pose a 

4 serious and immediate risk of physical harm de5 scribed in that subclause— 

6 ‘‘(i) the covered juvenile shall be 

7 transferred immediately to another juvenile 

8 facility or internal location where services 

9 can be provided to the covered juvenile 

10 without relying on room confinement; or 

11 ‘‘(ii) if a qualified mental health pro12 fessional believes the level of crisis service 

13 needed is not currently available, a staff 

14 member of the juvenile facility shall imme15 diately transport the juvenile to— 

16 ‘‘(I) an emergency medical facil17 ity; or 

18 ‘‘(II) an equivalent location that 

19 can meet the needs of the covered ju20 venile. 

21 ‘‘(D) ACTION BEFORE EXPIRATION OF

22 TIME LIMIT.—Nothing in subparagraph (C) 

23 shall be construed to prohibit an action de24 scribed in clause (i) or (ii) of that subparagraph 

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1 imum period of confinement under subclause (I) 

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

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

4 confinement for a juvenile shall— 

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

6 of floor space; 

7 ‘‘(ii) have adequate lighting, heating 

8 or cooling (as applicable), and ventilation 

9 for the comfort of the juvenile; 

10 ‘‘(iii) be suicide-resistant and protru11 sion-free; and 

12 ‘‘(iv) have access to clean potable 

13 water, toilet facilities, and hygiene sup14 plies. 

15 ‘‘(F) NOTICE.— 

16 ‘‘(i) USE OF ROOM CONFINEMENT.— 

17 Not later than 1 business day after the 

18 date on which a juvenile facility places a 

19 covered juvenile in room confinement, the 

20 juvenile facility shall provide notice to the 

21 attorney of record for the juvenile. 

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

23 hours after a covered juvenile is trans24 ferred from a juvenile facility to another 


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1 location, the juvenile facility shall provide 

2 notice to— 

3 ‘‘(I) the attorney of record for 

4 the juvenile; and 

5 ‘‘(II) an authorized parent or 

6 guardian of the juvenile. 

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

8 consecutive periods of room confinement to 

9 evade the spirit and purpose of this subsection 

10 shall be prohibited. 

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

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

13 thereafter, the Attorney General shall submit to Congress 

14 a report that— 

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

16 of physical force, restraints, and room confinement 

17 used at juvenile facilities; 

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

19 physical force, restraints, or room confinement are 

20 used at juvenile facilities, disaggregated by race, eth21 nicity, and gender; and 

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

23 taken, in each instance in which room confinement 

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

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1 tion resulting in the use of room confinement, in2 cluding any positive or negative outcomes.’’. 

3 SEC. 4. STUDY AND REPORT ON COST SAVINGS FROM SEAL4 ING AND EXPUNGEMENT PROVISIONS. 

5 (a) STUDY.— 

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

7 the date of enactment of this Act, the Attorney Gen8 eral, in consultation with the Secretary of Labor and 

9 the Director of the Office of Management and Budg10 et, shall conduct a study on the cost savings and 

11 broader economic impact of the sealing and 

12 expungement provisions in the amendments made by 

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

14 (2) CONSIDERATIONS.—In conducting the study 

15 under paragraph (1), the Attorney General shall 

16 consider— 

17 (A) the reduction in recidivism and associ18 ated cost savings related to corrections and 

19 public safety; 

20 (B) increased economic activity by former 

21 offenders, including by conducting an analysis 

22 of the tax revenue generated by that activity; 

23 and 


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1 (C) the economic impact on the household 

2 of former offenders and the children of former 

3 offenders. 

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

5 of enactment of this Act, the Attorney General shall sub6 mit to Congress a report on the study conducted under 

7 subsection (a). 

8 SEC. 5. TANF ASSISTANCE AND SNAP BENEFITS. 

9 (a) REPEAL OF BAN ON ASSISTANCE.—Section 115 

10 of the Personal Responsibility and Work Opportunity Rec11 onciliation Act of 1996 (21 U.S.C. 862a) is repealed. 

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

13 LIMIT PERIOD OF PROHIBITION.— 

14 (1) DEFINITIONS.—In this subsection— 

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

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

17 Responsibility and Work Opportunity Reconcili18 ation Act of 1996 (21 U.S.C. 862a(e)) (as in 

19 effect on the day before the date of enactment 

20 of this Act); 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 


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1 of 1996 (as in effect on the day before the date 

2 of enactment of this Act). 

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

4 the authority under subparagraph (A) or (B) of sub5 section (d)(1) of section 115 of the Personal Respon6 sibility and Work Opportunity Reconciliation Act of 

7 1996 (21 U.S.C. 862a) (as in effect on the day be8 fore the date of enactment of this Act), and any 

9 State law or regulation enacted to carry out the re10 quirements of such section (as then in effect), that 

11 imposes conditions on eligibility for TANF assist12 ance or SNAP benefits shall have no force or effect. 

13 SEC. 6. STATE INCENTIVES. 

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

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

16 1968 (34 U.S.C. 10381) is amended— 

17 (1) in subsection (c)— 

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

19 the end; 

20 (B) in paragraph (3), by striking the pe21 riod at the end and inserting ‘‘; or’’; and 

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

23 ‘‘(4) subject to subsection (n)(1), from an appli24 cant in a State that has in effect— 


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

2 sealing, and expungement of juvenile records 

3 that is substantially similar to, or more gen4 erous to the former offender than, the amend5 ments made by subsections (b) through (d) of 

6 section 3 of the Record Expungement Designed 

7 to Enhance Employment Act of 2019; 

8 ‘‘(B) a law prohibiting juvenile solitary 

9 confinement that is substantially similar to, or 

10 more restrictive than, the amendment made by 

11 subsection (e) of section 3 of the Record 

12 Expungement Designed to Enhance Employ13 ment Act of 2019; 

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

15 records that is substantially similar to, or more 

16 generous to the former offender than, the 

17 amendments made by section 2 of the Record 

18 Expungement Designed to Enhance Employ19 ment Act of 2019; 

20 ‘‘(D) subject to subsection (n)(2), a law 

21 that establishes that an adult criminal court 

22 may not have original jurisdiction over an indi23 vidual who was less than 18 years of age when 

24 the individual committed an offense; 


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

2 has successfully sealed or expunged a criminal 

3 record to be free from civil and criminal perjury 

4 laws; or 

5 ‘‘(F) a law or policy that ensures to the 

6 maximum extent practicable, for juveniles who 

7 have been arrested for or convicted of a crimi8 nal offense— 

9 ‘‘(i) equal sentencing guidelines, with10 out regard to gender; and 

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

12 gender, to services, assistance, or benefits 

13 provided.’’; and 

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

15 ‘‘(n) RULES FOR PREFERENTIAL CONSIDERATION OF

16 STATES WITH LAWS SIMILAR TO REDEEM ACT.— 

17 ‘‘(1) DEGREE OF PRIORITY COMMENSURATE

18 WITH DEGREE OF COMPLIANCE.—If the Attorney 

19 General, in awarding grants under this part, gives 

20 preferential consideration to any application as au21 thorized under subsection (c)(4), the Attorney Gen22 eral shall base the degree of preferential consider23 ation given to an application from an applicant in a 

24 particular State on the number of subparagraphs 

25 under that subsection that the State has satisfied, 


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1 relative to the number of such subparagraphs that 

2 each other State has satisfied. 

3 ‘‘(2) JUVENILE TRANSFER PROVISIONS.—Sub4 section (c)(4)(D) shall not be construed to preclude 

5 from preferential consideration an application from 

6 an applicant in a State that— 

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

8 transfer of an individual who is less than 18 

9 years of age to adult criminal court if the indi10 vidual commits a specified offense or an offense 

11 that falls under a specified category of offenses; 

12 or 

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

14 mechanisms.’’. 

15 (b) ATTORNEY GENERAL GUIDELINES AND TECH16 NICAL ASSISTANCE.—The Attorney General shall issue 

17 guidelines and provide technical assistance to assist States 

18 in complying with the incentive under paragraph (4) of 

19 section 1701(c) of title I of the Omnibus Crime Control 

20 and Safe Streets Act of 1968 (34 U.S.C. 10381(c)), as 

21 added by subsection (a). 


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1 SEC. 7. GENDER EQUALITY IN FEDERAL JUVENILE DELIN2 QUENCY PROCEEDINGS. 

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

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

6 ‘‘(f) GENDER EQUALITY.— 

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

8 the policy of the United States that there should be 

9 no disparities based on gender in dispositions of ju10 venile cases. 

11 ‘‘(2) DIRECTIVE TO SENTENCING COMMISSION

12 AND COURTS.—The United States Sentencing Com13 mission, in promulgating sentencing guidelines and 

14 policy statements applicable to dispositions of dis15 trict courts exercising jurisdiction over juveniles, and 

16 the courts, in determining such dispositions, shall 

17 take care to avoid and remedy any disparities de18 scribed in paragraph (1).’’. 

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

20 States Code, is amended, in the second paragraph, by add21 ing at the end the following: ‘‘The Attorney General shall 

22 promulgate regulations that ensure, to the maximum ex23 tent practicable, equal access, without regard to gender, 

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

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1 mitted pursuant to an adjudication under this chapter, for 

2 juvenile delinquency.’’. 

3 SEC. 8. ENSURING ACCURACY IN THE FBI BACKGROUND 

4 CHECK SYSTEM. 

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

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘(g) ENSURING ACCURACY IN THE FBI BACK9 GROUND CHECK SYSTEM.— 

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

11 ‘‘(A) the term ‘applicant’ means the indi12 vidual to whom a record sought to be exchanged 

13 pertains; 

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

15 a record, means the record— 

16 ‘‘(i) indicates that an individual was 

17 arrested but does not describe the offense 

18 for which the individual was arrested; or 

19 ‘‘(ii) indicates that an individual was 

20 arrested or criminal proceedings were insti21 tuted against an individual but does not 

22 include the final disposition of the arrest 

23 or of the proceedings if a final disposition 

24 has been reached; 


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

2 other information collected under this section; 

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

4 means any person or entity that provides a 

5 record to the Attorney General under this sec6 tion; and 

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

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

9 seeks the exchange of a record for civil 

10 purposes that include employment, occupa11 tional licensing, occupational certification, 

12 housing, credit, or any other type of appli13 cation; and 

14 ‘‘(ii) does not include a law enforce15 ment or intelligence agency that seeks the 

16 exchange of a record for— 

17 ‘‘(I) investigative purposes; or 

18 ‘‘(II) purposes relating to law en19 forcement employment. 

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

21 The Attorney General shall establish and enforce 

22 procedures to ensure the prompt release of accurate 

23 records exchanged for civil purposes through the 

24 records system created under this section. 


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

2 established under paragraph (2) shall include the 

3 following: 

4 ‘‘(A) INACCURATE RECORD OR INFORMA5 TION.—If the Attorney General determines that 

6 a record is inaccurate, the Attorney General 

7 shall, not later than 10 days after the date on 

8 which the requesting entity requests the ex9 change and before the exchange is made, 

10 promptly correct the record, including by mak11 ing deletions to the record if appropriate. 

12 ‘‘(B) INCOMPLETE RECORD.— 

13 ‘‘(i) IN GENERAL.—If the Attorney 

14 General determines that a record is incom15 plete or cannot be verified, the Attorney 

16 General— 

17 ‘‘(I) shall attempt to complete or 

18 verify the record; and 

19 ‘‘(II) if unable to complete or 

20 verify the record, may promptly make 

21 any changes or deletions to the 

22 record. 

23 ‘‘(ii) LACK OF DISPOSITION OF AR24 REST.—For purposes of this subpara25 graph, an incomplete record includes a 


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1 record that indicates there was an arrest 

2 and does not include the disposition of the 

3 arrest. 

4 ‘‘(iii) OBTAINING DISPOSITION OF AR5 REST.—If the Attorney General determines 

6 that a record is an incomplete record de7 scribed in clause (ii), the Attorney General 

8 shall, not later than 10 days after the date 

9 on which the requesting entity requests the 

10 exchange and before the exchange is made, 

11 obtain the disposition (if any) of the ar12 rest. 

13 ‘‘(C) NOTIFICATION OF REPORTING JURIS14 DICTION.—The Attorney General shall notify 

15 each appropriate reporting jurisdiction of any 

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

17 ‘‘(D) OPPORTUNITY TO REVIEW RECORDS

18 BY APPLICANT.—In connection with an ex19 change of a record under this section, the At20 torney General shall— 

21 ‘‘(i) obtain the consent of the appli22 cant to exchange the record with the re23 questing entity; 


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

2 applicant that the applicant can obtain a 

3 copy of the record; 

4 ‘‘(iii) provide to the applicant an op5 portunity to— 

6 ‘‘(I) obtain a copy of the record 

7 upon request; and 

8 ‘‘(II) challenge the accuracy and 

9 completeness of the record; 

10 ‘‘(iv) promptly notify the requesting 

11 entity of any such challenge; 

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

13 date on which the challenge is made, com14 plete an investigation of the challenge; 

15 ‘‘(vi) provide to the applicant the spe16 cific findings and results of that investiga17 tion; 

18 ‘‘(vii) promptly make any changes or 

19 deletions to the records required as a re20 sult of the challenge; and 

21 ‘‘(viii) report those changes to the re22 questing entity. 

23 ‘‘(E) CERTAIN EXCHANGES PROHIBITED.— 

24 An exchange shall not include any record— 


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1 ‘‘(i) about an arrest more than 2 

2 years old as of the date of the request for 

3 the exchange, that does not also include a 

4 disposition (if any) of that arrest; 

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

6 non-serious offense of the sort described in 

7 section 20.32(b) of title 28, Code of Fed8 eral Regulations, as in effect on July 1, 

9 2009; or 

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

11 clearly an arrest or a disposition of an ar12 rest. 

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

14 a reasonable fee for an exchange of records for civil 

15 purposes through the records system created under 

16 this section to defray the costs associated with ex17 changes for those purposes, including any costs asso18 ciated with the investigation of inaccurate or incom19 plete 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). 


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

2 of enactment of this Act, the Attorney General shall sub3 mit to Congress a report on the implementation of sub4 section (g) of section 534 of title 28, United States Code, 

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

6 (1) the number of exchanges of records for civil 

7 purposes made with entities in each State through 

8 the records system created under such section 534; 

9 (2) any prolonged failure of a reporting juris10 diction to comply with a request by the Attorney 

11 General for information about dispositions of ar12 rests; and 

13 (3) the numbers of successful and unsuccessful 

14 challenges to the accuracy and completeness of 

15 records, organized by State of origination of each 

16 record. 

17 SEC. 9. REPORT ON STATUTORY AND REGULATORY RE18 STRICTIONS AND DISQUALIFICATIONS BASED 

19 ON CRIMINAL RECORDS. 

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

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

22 consultation with the Secretary of Labor and the Director 

23 of the Office of Personnel Management, shall submit to 

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

25 policy that authorizes a restriction on, or disqualification 


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

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

3 (b) IDENTIFICATION OF INFORMATION.—In the re4 port submitted under subsection (a), the Attorney General 

5 shall— 

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

7 or permit to which a restriction or disqualification 

8 described in subsection (a) applies; and 

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

10 permit identified under paragraph (1), include— 

11 (A) a description of the restriction or dis12 qualification; 

13 (B) the duration of the restriction or dis14 qualification; 

15 (C) an evaluation of the rationale for the 

16 restriction or disqualification and its continuing 

17 usefulness; 

18 (D) the procedures, if any, to appeal, 

19 waive, or exempt the restriction or disqualifica20 tion based on a showing of rehabilitation or 

21 other relevant evidence; 

22 (E) any information available about the 

23 numbers of individuals restricted or disqualified 

24 on the basis of a criminal record; and 


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1 (F) the identity of the Federal agency with 

2 jurisdiction over the restriction or disqualifica3 tion. 

Æ 


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