II 

113TH CONGRESS 

2D SESSION S. 2567 

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

nonviolent criminal offenses, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 8, 2014 

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

was read twice and referred to the Committee on the Judiciary 

A BILL 

To provide for the sealing or expungement of records relating 

to Federal nonviolent criminal offenses, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Record Expungement Designed to Enhance Employment 

6 Act of 2014’’ or the ‘‘REDEEM Act’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Sealing of criminal records. 

Sec. 3. Juvenile sealing and expungement. 


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

Sec. 5. TANF assistance and SNAP benefits. 

Sec. 6. State incentives. 

Sec. 7. Ensuring accuracy in the FBI background check system. 

Sec. 8. Report on statutory and regulatory restrictions and disqualifications 

based on criminal records. 

1 SEC. 2. SEALING OF CRIMINAL RECORDS. 

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

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

5 ‘‘Subchapter D—Sealing of Criminal Records 

‘‘Sec. 

‘‘3631. Definitions; eligible individuals. 

‘‘3632. Sealing petition. 

‘‘3633. Effect of sealing order. 

6 ‘‘§ 3631. Definitions; eligible individuals 

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

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

9 means a Federal criminal offense that is not— 

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

11 defined in section 16); or 

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

13 in section 111 of the Sex Offender Registration 

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

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

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

18 a covered nonviolent offense; 


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

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

4 offense, including— 

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

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

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

11 been convicted of more than 2 felonies that are 

12 covered nonviolent offenses, including any such 

13 convictions that have been sealed; and 

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

15 that is not a covered nonviolent offense; 

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

17 who files a sealing petition; and 

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

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

22 an individual for the offense; 

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

25 or 


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

3 ‘‘(5) the term ‘seal’— 

4 ‘‘(A) means— 

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

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

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

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

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

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

13 3633, including— 

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

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

17 sentence relating to the offense, as if it 

18 never occurred; and 

19 ‘‘(ii) protection from civil and criminal 

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

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

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

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

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


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1 ‘‘(b) ELIGIBLE INDIVIDUALS.— 

2 ‘‘(1) MULTIPLE CONVICTIONS DEEMED TO BE

3 ONE CONVICTION.—For purposes of subsection 

4 (a)(2)(C)— 

5 ‘‘(A) multiple convictions shall be deemed 

6 to be 1 conviction if the convictions result from 

7 or relate to— 

8 ‘‘(i) the same act; or 

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

10 and 

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

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

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

15 1 conviction if the convictions— 

16 ‘‘(i) result from or relate to— 

17 ‘‘(I) the same— 

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

20 ‘‘(bb) plea of guilty; or 

21 ‘‘(cc) official proceeding; or 

22 ‘‘(II) related criminal acts that 

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


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

4 ‘‘(2) DISCRETION OF COURT.— 

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

6 sealing petition may determine that it is not in 

7 the public interest to deem multiple convictions 

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

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

12 shall make available to the public the reasoning 

13 for the determination. 

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

15 after the date of enactment of this subchapter, 

16 and each year thereafter, each district court of 

17 the United States shall submit to the Attorney 

18 General a report that describes the exercise of 

19 discretion by the court under subparagraph 

20 (B). 

21 ‘‘§ 3632. Sealing petition 

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

23 ‘‘(1) IN GENERAL.—On and after the date de24 scribed in paragraph (2), an eligible individual may 

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


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1 covered nonviolent offense in a district court of the 

2 United States. 

3 ‘‘(2) DATES.—The date described in this para4 graph is— 

5 ‘‘(A) for an eligible individual who is con6 victed of a covered nonviolent offense and sen7 tenced to a term of imprisonment, probation, or 

8 supervised release, the date that is 1 year after 

9 the date on which the eligible individual has 

10 completed every such term of imprisonment, 

11 probation, or supervised release; and 

12 ‘‘(B) for an eligible individual not de13 scribed in subparagraph (A), the date on which 

14 the case relating to the covered nonviolent of15 fense is disposed of. 

16 ‘‘(3) NOTICE OF OPPORTUNITY TO FILE PETI17 TION.— 

18 ‘‘(A) CONVICTED INDIVIDUALS.— 

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

20 convicted of a covered nonviolent offense 

21 and will potentially be eligible to file a 

22 sealing petition with respect to the offense 

23 upon fulfilling each requirement of the sen24 tence for the offense as described in sec25 tion 3631(a)(2)(B), the court in which the 


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1 individual is convicted shall inform the in2 dividual, on each date described in clause 

3 (ii), of— 

4 ‘‘(I) that potential eligibility; 

5 ‘‘(II) the necessary procedures 

6 for filing the sealing petition; and 

7 ‘‘(III) the benefits of sealing a 

8 record, including protection from civil 

9 and criminal perjury, false swearing, 

10 and false statement laws with respect 

11 to the record. 

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

13 this clause are— 

14 ‘‘(I) the date on which the indi15 vidual is convicted; and 

16 ‘‘(II) the date on which the indi17 vidual has completed every term of 

18 imprisonment, probation, or super19 vised release relating to the offense. 

20 ‘‘(B) INDIVIDUALS NOT CONVICTED.— 

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

22 is arrested for a covered nonviolent of23 fense, criminal proceedings are not insti24 tuted against the individual for the offense, 

25 and the individual is potentially eligible to 


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1 file a sealing petition with respect to the 

2 offense, on the date on which the case re3 lating to the offense is disposed of, the ar4 resting authority shall inform the indi5 vidual of— 

6 ‘‘(I) that potential eligibility; 

7 ‘‘(II) the necessary procedures 

8 for filing the sealing petition; and 

9 ‘‘(III) the benefits of sealing a 

10 record, including protection from civil 

11 and criminal perjury, false swearing, 

12 and false statement laws with respect 

13 to the record. 

14 ‘‘(ii) COURT PROCEEDINGS.—If an in15 dividual is arrested for a covered non16 violent offense, criminal proceedings are in17 stituted against the individual for the of18 fense, the individual is not convicted of the 

19 offense, and the individual is potentially el20 igible to file a sealing petition with respect 

21 to the offense, on the date on which the 

22 case relating to the offense is disposed of, 

23 the court in which the criminal proceedings 

24 take place shall inform the individual of— 

25 ‘‘(I) that potential eligibility; 


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1 ‘‘(II) the necessary procedures 

2 for filing the sealing petition; and 

3 ‘‘(III) the benefits of sealing a 

4 record, including protection from civil 

5 and criminal perjury, false swearing, 

6 and false statement laws with respect 

7 to the record. 

8 ‘‘(b) PROCEDURES.— 

9 ‘‘(1) NOTIFICATION OF PROSECUTOR AND VIC10 TIMS.—If an individual files a petition under sub11 section (a) with respect to a covered nonviolent of12 fense or arrest for a covered nonviolent offense, the 

13 district court in which the petition is filed shall pro14 vide notice of the petition— 

15 ‘‘(A) to the office of the United States at16 torney that prosecuted or would have pros17 ecuted the petitioner for the offense; 

18 ‘‘(B) to the extent reasonable and prac19 ticable, to each victim of the offense; and 

20 ‘‘(C) upon the request of the petitioner, to 

21 any other individual that the petitioner deter22 mines may testify as to the— 

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

24 date of the offense or arrest; or 


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1 ‘‘(ii) reasons that the sealing order 

2 should be entered. 

3 ‘‘(2) HEARING.— 

4 ‘‘(A) IN GENERAL.—Not later than 6 

5 months after the date on which an individual 

6 files a sealing petition, the district court shall 

7 conduct a hearing to determine whether to 

8 enter a sealing order for the individual. 

9 ‘‘(B) OPPORTUNITY TO TESTIFY AND

10 OFFER EVIDENCE.— 

11 ‘‘(i) PETITIONER.—The petitioner 

12 may testify or offer evidence at the sealing 

13 hearing in support of sealing. 

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

15 United States attorney that receives notice 

16 under paragraph (1)(A) may send a rep17 resentative to testify or offer evidence at 

18 the sealing hearing in support of or 

19 against sealing. 

20 ‘‘(iii) VICTIMS.— 

21 ‘‘(I) IN GENERAL.—A victim who 

22 receives notice under paragraph 

23 (1)(B) may testify or offer evidence at 

24 the sealing hearing in support of or 

25 against sealing. 


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1 ‘‘(II) LOCATING VICTIMS.—The 

2 inability of a court to locate a victim 

3 shall not— 

4 ‘‘(aa) delay a proceeding 

5 under this section; 

6 ‘‘(bb) preclude the holding 

7 of a sealing hearing; or 

8 ‘‘(cc) impact the issuance of 

9 a sealing order. 

10 ‘‘(iv) OTHER INDIVIDUALS.—An indi11 vidual who receives notice under paragraph 

12 (1)(C) may testify or offer evidence at the 

13 sealing hearing as to the issues described 

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

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

16 judge may preside over a hearing under this 

17 paragraph. 

18 ‘‘(3) BASIS FOR DECISION.— 

19 ‘‘(A) IN GENERAL.—In determining wheth20 er to enter an sealing order with respect to pro21 tected information relating to a covered non22 violent offense, the court— 

23 ‘‘(i) shall consider all the evidence and 

24 testimony presented at the sealing hearing; 


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

4 against, or of which the petitioner has been 

5 convicted; and 

6 ‘‘(iii) shall balance— 

7 ‘‘(I)(aa) the interest of public 

8 knowledge and safety; and 

9 ‘‘(bb) the legitimate interest, if 

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

12 information, including any potential 

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

15 or employment restrictions; against 

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

18 rehabilitated and positively contribute 

19 to the community; and 

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

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

25 maintain employment. 


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1 ‘‘(B) BURDEN ON GOVERNMENT.—The 

2 burden shall be on the Government to show 

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

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

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

8 district court denies a sealing petition, the petitioner 

9 may not file a new sealing petition with respect to 

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

11 the date of the denial. 

12 ‘‘(5) UNIVERSAL FORM.—The Attorney General 

13 shall create a universal form, available over the 

14 Internet and in paper form, that an individual may 

15 use to file a sealing petition. 

16 ‘‘(6) FEE WAIVER.—The Attorney General shall 

17 by regulation establish a process under which indi18 gent petitioners may obtain a waiver of any fee for 

19 filing a sealing petition. 

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

21 the date of enactment of this subchapter, and each 

22 year thereafter, each district court of the United 

23 States shall issue a public report that— 

24 ‘‘(A) describes— 


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1 ‘‘(i) the number of sealing petitions 

2 granted and denied under this section; and 

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

4 the office of a United States attorney sup5 ported or opposed a sealing petition; and 

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

7 court determines relevant and that does not 

8 name any petitioner. 

9 ‘‘(8) PUBLIC DEFENDER ELIGIBILITY.— 

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

11 may, in its discretion, appoint counsel in ac12 cordance with the plan of the district court in 

13 operation under section 3006A to represent a 

14 petitioner for purposes of this section. 

15 ‘‘(B) CONSIDERATIONS.—In making a de16 termination whether to appoint counsel under 

17 subparagraph (A), the court shall consider— 

18 ‘‘(i) the anticipated complexity of the 

19 sealing hearing, including the number and 

20 type of witnesses called to advocate against 

21 the sealing of the protected information of 

22 the petitioner; and 

23 ‘‘(ii) the potential for adverse testi24 mony by a victim or a representative of the 

25 office of the United States attorney. 


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1 ‘‘§ 3633. Effect of sealing order 

2 ‘‘(a) IN GENERAL.—Except as provided in this sec3 tion, if a district court of the United States enters a seal4 ing order with respect to a covered nonviolent offense, the 

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

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

7 never occurred. 

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

9 of the United States enters a sealing order with respect 

10 to a covered nonviolent offense, the court shall— 

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

12 entity or person that possesses a record containing 

13 protected information that relates to the offense, in14 cluding each law enforcement agency, each public or 

15 private correctional, detention, or treatment facility, 

16 each other public or private agency, and each person 

17 who provided treatment or rehabilitation services for 

18 the petitioner under an order of the court; 

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

20 person described in paragraph (1) to— 

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

22 this section; and 

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

24 court, under penalty of perjury, that the entity 

25 or person has sealed each paper and electronic 

26 copy of the record; 


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

2 record in the possession of the court; and 

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

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

5 the petitioner that each entity or person described in 

6 paragraph (1) has sealed each paper and electronic 

7 copy of the record. 

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

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

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

11 nonviolent offense shall not be subject to prosecution 

12 under any civil or criminal provision of Federal or State 

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

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

15 for failing to recite or acknowledge any protected informa16 tion with respect to the offense or respond to any inquiry 

17 made of the petitioner, relating to the protected informa18 tion, for any purpose. 

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

20 The Attorney General— 

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

22 protected information that has been sealed under 

23 this subchapter; and 

24 ‘‘(2) may access or utilize protected information 

25 only— 


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1 ‘‘(A) for legitimate investigative purposes; 

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

3 of the facts of the arrest or subsequent pro4 ceedings; or 

5 ‘‘(C) if the Attorney General determines 

6 that disclosure is necessary to serve the inter7 ests of justice, public safety, or national secu8 rity. 

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

10 State law enforcement agency may access a record that 

11 is sealed under this subchapter solely— 

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

13 whom the record relates is eligible for a first-time14 offender diversion program; 

15 ‘‘(2) for investigatory or prosecutorial purposes; 

16 or 

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

18 enforcement employment or any employment that re19 quires a government security clearance. 

20 ‘‘(f) PROHIBITION ON DISCLOSURE.— 

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

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

23 make or attempt to make an unauthorized disclosure 

24 of any protected information from a record that has 

25 been sealed under this subchapter. 


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1 ‘‘(2) PENALTY.—Any person who violates para2 graph (1) shall be fined under this title, imprisoned 

3 for not more than 1 year, or both. 

4 ‘‘(3) EXCEPTIONS.— 

5 ‘‘(A) BACKGROUND CHECKS.—An indi6 vidual who is the subject of a record sealed 

7 under this subchapter shall, and a Federal or 

8 State law enforcement agency that possesses 

9 such a record may, disclose the record in the 

10 case of a background check for— 

11 ‘‘(i) law enforcement employment; or 

12 ‘‘(ii) any employment that requires a 

13 government security clearance. 

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

15 person may disclose protected information from 

16 a record sealed under this subchapter to the 

17 Secretaries of the military departments (or the 

18 Secretary of Homeland Security with respect to 

19 the Coast Guard when it is not operating as a 

20 service in the Navy) for the purpose of vetting 

21 an enlistment or commission, or with regard to 

22 any member of the Armed Forces. 

23 ‘‘(C) AUTHORIZATION FOR INDIVIDUAL TO

24 DISCLOSE OWN RECORD.—An individual who is 


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1 the subject of a record sealed under this sub2 chapter may choose to disclose the record.’’. 

3 (b) APPLICABILITY.—The right to file a sealing peti4 tion under section 3632(a) of title 18, United States Code, 

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

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

7 of such title) that is committed before, on, or after the 

8 date of enactment of this Act. 

9 (c) TRANSITION PERIOD FOR HEARINGS DEAD10 LINE.—During the 1-year period beginning on the date 

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

12 18, United States Code, as added by subsection (a), shall 

13 be applied by substituting ‘‘1 year’’ for ‘‘6 months’’. 

14 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

17 following: 

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

18 SEC. 3. JUVENILE SEALING AND EXPUNGEMENT. 

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

20 (1) protect children and adults against damage 

21 stemming from their juvenile acts and subsequent 

22 juvenile delinquency records, including law enforce23 ment, arrest, and court records; and 

24 (2) prevent the unauthorized use or disclosure 

25 of confidential juvenile delinquency records and any 


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1 potential employment, financial, psychological, or 

2 other harm that would result from such unauthor3 ized use or disclosure. 

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

5 States Code, is amended to read as follows: 

6 ‘‘§ 5031. Definitions 

7 ‘‘In this chapter— 

8 ‘‘(1) the term ‘adjudication’ means a deter9 mination by a judge that a person committed an act 

10 of juvenile delinquency; 

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

12 disposition in criminal court against a person fol13 lowing a finding of guilt by a judge or jury; 

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

15 unreadable, whether paper, electronic, or otherwise 

16 stored, by shredding, pulverizing, pulping, incin17 erating, overwriting, reformatting the media, or 

18 other means; 

19 ‘‘(4) the term ‘expunge’— 

20 ‘‘(A) means to destroy a record and oblit21 erate the name of the person to whom the 

22 record pertains from each official index or pub23 lic record; and 

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

25 5044(c), including— 


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

2 which an expunged record relates, and any 

3 arrest, juvenile delinquency proceeding, ad4 judication, or other result of such pro5 ceeding relating to the offense, as if it 

6 never occurred; and 

7 ‘‘(ii) protection from civil and criminal 

8 perjury, false swearing, and false state9 ment laws with respect to an expunged 

10 record; 

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

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

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

14 petition for expungement filed under section 

15 5044(b); 

16 ‘‘(7) the term ‘juvenile’ means— 

17 ‘‘(A) except as provided in subparagraph 

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

19 18; and 

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

21 disposition under this chapter for an alleged act 

22 of juvenile delinquency, a person who has not 

23 attained the age of 21; 

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

25 violation of a law of the United States committed by 


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1 a person before attaining the age of 18 which would 

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

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

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

5 means an act of juvenile delinquency that is not— 

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

7 103 of the Juvenile Justice and Delinquency 

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

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

10 in section 111 of the Sex Offender Registration 

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

12 ‘‘(10) 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 and 

18 ‘‘(B) includes— 

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

20 formal document such as a petition, notice, 

21 motion, legal memorandum, order, or de22 cree; 

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

24 ‘‘(I) a record of a probation offi25 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; 

21 ‘‘(iii) a law enforcement record, in22 cluding— 

23 ‘‘(I) fingerprints; 

24 ‘‘(II) a DNA sample; or 

25 ‘‘(III) a photograph; and 


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1 ‘‘(iv) a State criminal justice informa2 tion system record; 

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

4 files an expungement petition or a sealing petition; 

5 ‘‘(12) the term ‘seal’— 

6 ‘‘(A) means— 

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

8 viewing so that the record cannot be exam9 ined except by court order; and 

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

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

12 case of an electronic record, the sub13 stantive equivalent; and 

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

15 5043(c), including— 

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

17 which a sealed record relates, and any ar18 rest, juvenile delinquency proceeding, adju19 dication, or other result of such proceeding 

20 relating to the offense, as if it never oc21 curred; 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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•S 2567 IS

1 ‘‘(13) the term ‘sealing hearing’ means a hear2 ing held under section 3632(b)(2)(A); and 

3 ‘‘(14) the term ‘sealing petition’ means a peti4 tion for a sealing order filed under section 

5 5043(b).’’. 

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

7 United States Code, is amended— 

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

9 paragraph (6), by inserting after ‘‘bonding,’’ the fol10 lowing: ‘‘participation in an educational system,’’; 

11 and 

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

13 courts exercising jurisdiction over any juvenile’’ and 

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

15 the date on which a district court exercises jurisdic16 tion over a juvenile, the district court’’. 

17 (d) SEALING; EXPUNGEMENT.— 

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

19 United States Code, is amended by adding at the 

20 end the following: 

21 ‘‘§ 5043. Sealing 

22 ‘‘(a) AUTOMATIC SEALING OF NONVIOLENT OF23 FENSES.— 

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

25 on which a person who is adjudicated delinquent 


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•S 2567 IS

1 under this chapter for a juvenile nonviolent offense 

2 completes every term of probation, official detention, 

3 or juvenile delinquent supervision ordered by the 

4 court with respect to the offense, the court shall 

5 order the sealing of each juvenile record or portion 

6 thereof that relates to the offense if the person— 

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

8 adjudicated delinquent for an act of juvenile de9 linquency since the date of the disposition; and 

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

11 court proceedings or juvenile delinquency pro12 ceedings. 

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

14 order of sealing under paragraph (1) shall require 

15 no action by the person whose juvenile records are 

16 to be sealed. 

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

18 court that orders the sealing of a juvenile record of 

19 a person under paragraph (1) shall inform the per20 son of the sealing and the benefits of sealing the 

21 record, including protection from civil and criminal 

22 perjury, false swearing, and false statement laws 

23 with respect to the record. 

24 ‘‘(b) PETITIONING FOR EARLY SEALING OF NON25 VIOLENT OFFENSES.— 


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•S 2567 IS

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

2 ‘‘(A) IN GENERAL.—During the 3-year pe3 riod beginning on the date on which a person 

4 who is adjudicated delinquent under this chap5 ter for a juvenile nonviolent offense completes 

6 every term of probation, official detention, or 

7 juvenile delinquent supervision ordered by the 

8 court with respect to the offense, the person 

9 may petition the court to seal the juvenile 

10 records that relate to the offense. 

11 ‘‘(B) NOTICE OF OPPORTUNITY TO FILE

12 PETITION.—If a person is adjudged delinquent 

13 for a juvenile nonviolent offense, the court in 

14 which the person is adjudged delinquent shall 

15 inform the person of the potential eligibility of 

16 the person to file a sealing petition with respect 

17 to the offense upon completing every term of 

18 probation, official detention, or juvenile delin19 quent supervision ordered by the court with re20 spect to the offense, and the necessary proce21 dures for filing the sealing petition— 

22 ‘‘(i) on the date on which the indi23 vidual is adjudged delinquent; and 

24 ‘‘(ii) on the date on which the indi25 vidual has completed every term of probaVerDate Mar 15 2010 05:21 Jul 09, 2014 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S2567.IS S2567

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•S 2567 IS

1 tion, official detention, or juvenile delin2 quent supervision ordered by the court 

3 with respect to the offense. 

4 ‘‘(2) PROCEDURES.— 

5 ‘‘(A) NOTIFICATION OF PROSECUTOR AND

6 VICTIMS.—If a person files a sealing petition 

7 with respect to a juvenile nonviolent offense, the 

8 court in which the petition is filed shall provide 

9 notice of the petition— 

10 ‘‘(i) to the Attorney General; 

11 ‘‘(ii) to the extent reasonable and 

12 practicable, to each victim of the offense; 

13 and 

14 ‘‘(iii) upon the request of the peti15 tioner, to any other individual that the pe16 titioner determines may testify as to— 

17 ‘‘(I) the conduct of the petitioner 

18 since the date of the offense; or 

19 ‘‘(II) the reasons that the sealing 

20 order should be entered. 

21 ‘‘(B) HEARING.— 

22 ‘‘(i) IN GENERAL.—Not later than 6 

23 months after the date on which a person 

24 files a sealing petition, the court shall conVerDate Mar 15 2010 05:21 Jul 09, 2014 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S2567.IS S2567

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•S 2567 IS

1 duct a hearing to determine whether to 

2 enter a sealing order for the person. 

3 ‘‘(ii) OPPORTUNITY TO TESTIFY AND

4 OFFER EVIDENCE.— 

5 ‘‘(I) PETITIONER.—The peti6 tioner may testify or offer evidence at 

7 the sealing hearing in support of seal8 ing. 

9 ‘‘(II) PROSECUTOR.—The Attor10 ney General may send a representa11 tive to testify or offer evidence at the 

12 sealing hearing in support of or 

13 against sealing. 

14 ‘‘(III) VICTIMS.— 

15 ‘‘(aa) IN GENERAL.—A vic16 tim who receives notice under 

17 subparagraph (A)(ii) may testify 

18 or offer evidence at the sealing 

19 hearing in support of or against 

20 sealing. 

21 ‘‘(bb) LOCATING VICTIMS.— 

22 The inability of a court to locate 

23 a victim shall not delay a pro24 ceeding under this subsection, 

25 preclude the holding of a sealing 


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•S 2567 IS

1 hearing, or preclude the issuance 

2 of a sealing order. 

3 ‘‘(IV) OTHER INDIVIDUALS.—An 

4 individual who receives notice under 

5 subparagraph (A)(iii) may testify or 

6 offer evidence at the sealing hearing 

7 as to the issues described in sub8 clauses (I) and (II) of that paragraph. 

9 ‘‘(C) BASIS FOR DECISION.—In conducting 

10 the hearing under subparagraph (B), the court 

11 shall determine whether to grant the sealing pe12 tition after considering— 

13 ‘‘(i) the evidence and testimony pre14 sented by the Attorney General and any 

15 victims at the hearing; 

16 ‘‘(ii) the best interests of the peti17 tioner; 

18 ‘‘(iii) the age of the petitioner during 

19 his or her contact with the court or any 

20 law enforcement agency; 

21 ‘‘(iv) the nature of the juvenile non22 violent offense; 

23 ‘‘(v) the disposition of the case; 

24 ‘‘(vi) the manner in which the peti25 tioner participated in any court-ordered reVerDate Mar 15 2010 05:21 Jul 09, 2014 Jkt 039200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S2567.IS S2567

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•S 2567 IS

1 habilitative programming or supervised 

2 services; 

3 ‘‘(vii) the length of the time period 

4 during which the petitioner has been with5 out contact with any court or law enforce6 ment agency; 

7 ‘‘(viii) whether the petitioner has had 

8 any criminal or juvenile delinquency in9 volvement since the disposition of the juve10 nile delinquency proceeding; and 

11 ‘‘(ix) the adverse consequences the pe12 titioner may suffer if the petition is not 

13 granted. 

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

15 the court denies a sealing petition, the peti16 tioner may not file a new sealing petition with 

17 respect to the same juvenile nonviolent offense 

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

19 the denial. 

20 ‘‘(E) UNIVERSAL FORM.—The Attorney 

21 General shall create a universal form, available 

22 over the Internet and in paper form, that an in23 dividual may use to file a sealing petition. 

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

25 be no cost for filing a sealing petition. 


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•S 2567 IS

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

2 after the date of enactment of this section, and 

3 each year thereafter, each district court of the 

4 United States shall issue a public report that— 

5 ‘‘(i) describes— 

6 ‘‘(I) the number of sealing peti7 tions granted and denied under this 

8 subsection; and 

9 ‘‘(II) the number of instances in 

10 which the Attorney General supported 

11 or opposed a sealing petition; and 

12 ‘‘(ii) includes any supporting data 

13 that the court determines relevant and that 

14 does not name any petitioner. 

15 ‘‘(H) PUBLIC DEFENDER ELIGIBILITY.— 

16 ‘‘(i) PETITIONERS UNDER AGE 18.— 

17 The district court shall appoint counsel in 

18 accordance with the plan of the district 

19 court in operation under section 3006A to 

20 represent a petitioner for purposes of this 

21 subsection if the petitioner is less than 18 

22 years of age. 

23 ‘‘(ii) PETITIONERS AGE 18 AND

24 OLDER.— 


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•S 2567 IS

1 ‘‘(I) DISCRETION OF COURT.—In 

2 the case of a petitioner who not less 

3 than 18 years of age, the district 

4 court may, in its discretion, appoint 

5 counsel in accordance with the plan of 

6 the district court in operation under 

7 section 3006A to represent the peti8 tioner for purposes of this subsection. 

9 ‘‘(II) CONSIDERATIONS.—In de10 termining whether to appoint counsel 

11 under subclause (I), the court shall 

12 consider— 

13 ‘‘(aa) the anticipated com14 plexity of the sealing hearing, in15 cluding the number and type of 

16 witnesses called to advocate 

17 against the sealing of the records 

18 of the petitioner; and 

19 ‘‘(bb) the potential for ad20 verse testimony by a victim or a 

21 representative of the Attorney 

22 General. 

23 ‘‘(c) EFFECT OF SEALING ORDER.— 

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

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


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35 

•S 2567 IS

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

2 juvenile nonviolent offense, the offense and any ar3 rest, juvenile delinquency proceeding, adjudication, 

4 or other result of such proceeding relating to the of5 fense shall be treated as if it never occurred. 

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

7 orders the sealing of a juvenile record under sub8 section (a) or (b) with respect to a juvenile non9 violent offense, the court shall— 

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

11 each entity or person that possesses a record 

12 relating to the offense, including each law en13 forcement agency, each public or private correc14 tional, detention, or treatment facility, each 

15 other public or private agency, and each person 

16 who provided treatment or rehabilitation serv17 ices for the petitioner under an order of the 

18 court; 

19 ‘‘(B) in the sealing order, require each en20 tity or person described in paragraph (1) to— 

21 ‘‘(i) seal the record; and 

22 ‘‘(ii) submit a written certification to 

23 the court, under penalty of perjury, that 

24 the entity or person has sealed each paper 

25 and electronic copy of the record; 


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•S 2567 IS

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

2 the record in the possession of the court; and 

3 ‘‘(D) after receiving a written certification 

4 from each entity or person under paragraph 

5 (2)(B), notify the petitioner that each entity or 

6 person described in paragraph (1) has sealed 

7 each paper and electronic copy of the record. 

8 ‘‘(3) PROTECTION FROM PERJURY LAWS.—Ex9 cept as provided in paragraph (5)(C)(i), the person 

10 who is the subject of a juvenile record sealed under 

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

12 not be subject to prosecution under any civil or 

13 criminal provision of Federal or State law relating to 

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

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

16 failing to acknowledge the record or respond to any 

17 inquiry made of the person or the parent, relating 

18 to the record, for any purpose. 

19 ‘‘(4) LAW ENFORCEMENT ACCESS TO SEALED

20 RECORDS.—A law enforcement agency may access a 

21 sealed juvenile record of a person solely— 

22 ‘‘(A) to determine whether the person is el23 igible for a first-time-offender diversion pro24 gram; 


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•S 2567 IS

1 ‘‘(B) for investigatory or prosecutorial pur2 poses within the juvenile justice system; or 

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

4 to— 

5 ‘‘(i) law enforcement employment; or 

6 ‘‘(ii) any employment that requires a 

7 government security clearance. 

8 ‘‘(5) PROHIBITION ON DISCLOSURE.— 

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

10 in subparagraph (C), it shall be unlawful to in11 tentionally make or attempt to make an unau12 thorized disclosure of any information from a 

13 sealed juvenile record in violation of this sec14 tion. 

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

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

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

18 ‘‘(C) EXCEPTIONS.— 

19 ‘‘(i) BACKGROUND CHECKS.—A per20 son who is the subject of a juvenile record 

21 sealed under this section shall, and a Fed22 eral or State law enforcement agency that 

23 possesses such a record may, disclose the 

24 record in the case of a background check 

25 for— 


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•S 2567 IS

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

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

6 ‘‘(ii) DISCLOSURE TO ARMED

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

9 Secretaries of the military departments (or 

10 the Secretary of Homeland Security with 

11 respect to the Coast Guard when it is not 

12 operating as a service in the Navy) for the 

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

15 the Armed Forces. 

16 ‘‘(iii) 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 ‘‘§ 5044. Expungement 

22 ‘‘(a) AUTOMATIC EXPUNGEMENT OF CERTAIN

23 RECORDS.— 

24 ‘‘(1) ATTORNEY GENERAL MOTION.— 


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•S 2567 IS

1 ‘‘(A) NONVIOLENT OFFENSES COMMITTED

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

3 adjudicated delinquent under this chapter for a 

4 juvenile nonviolent offense committed before the 

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

6 which the person attains 18 years of age, the 

7 Attorney General shall file a motion in the dis8 trict court of the United States in which the 

9 person was adjudicated delinquent requesting 

10 that each juvenile record of the person that re11 lates to the offense be expunged. 

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

13 for an offense for which a juvenile delinquency 

14 proceeding is not instituted under this sub15 chapter, the Attorney General shall file a mo16 tion in the district court of the United States 

17 that would have had jurisdiction of the pro18 ceeding requesting that each juvenile record re19 lating to the arrest be expunged. 

20 ‘‘(C) EXPUNGEMENT ORDER.—Upon the 

21 filing of a motion in a district court of the 

22 United States with respect to a juvenile non23 violent offense under subparagraph (A) or an 

24 arrest for an offense under subparagraph (B), 

25 the court shall grant the motion and order that 


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•S 2567 IS

1 each juvenile record relating to the offense or 

2 arrest, as applicable, be expunged. 

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

4 the United States dismisses an information with re5 spect to a juvenile under this subchapter or finds a 

6 juvenile not to be delinquent in a juvenile delin7 quency proceeding under this subchapter, the court 

8 shall concurrently order that each juvenile record re9 lating to the applicable proceeding be expunged. 

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

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

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

13 records are to be expunged. 

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

15 A court that orders the expungement of a juvenile 

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

17 shall inform the person of the expungement and the 

18 benefits of expunging the record, including protec19 tion from civil and criminal perjury, false swearing, 

20 and false statement laws with respect to the record. 

21 ‘‘(b) PETITIONING FOR EXPUNGEMENT OF NON22 VIOLENT OFFENSES.— 

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

24 delinquent under this chapter for a juvenile non25 violent offense committed on or after the date on 


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41 

•S 2567 IS

1 which the person attained 15 years of age may peti2 tion the court in which the proceeding took place to 

3 order the expungement of the juvenile record that 

4 relates to the offense. 

5 ‘‘(2) PROCEDURES.— 

6 ‘‘(A) NOTIFICATION OF PROSECUTOR AND

7 VICTIMS.—If a person files an expungement pe8 tition with respect to a juvenile nonviolent of9 fense, the court in which the petition is filed 

10 shall provide notice of the petition— 

11 ‘‘(i) to the Attorney General; 

12 ‘‘(ii) to the extent reasonable and 

13 practicable, to each victim of the offense; 

14 and 

15 ‘‘(iii) upon the request of the peti16 tioner, to any other individual that the pe17 titioner determines may testify as to— 

18 ‘‘(I) the conduct of the petitioner 

19 since the date of the offense; or 

20 ‘‘(II) the reasons that the 

21 expungement order should be entered. 

22 ‘‘(B) HEARING.— 

23 ‘‘(i) IN GENERAL.—Not later than 6 

24 months after the date on which a person 

25 files an expungement petition, the court 


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42 

•S 2567 IS

1 shall conduct a hearing to determine 

2 whether to enter an expungement order for 

3 the person. 

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) VICTIMS.— 

16 ‘‘(aa) IN GENERAL.—A vic17 tim who receives notice under 

18 subparagraph (A)(ii) may testify 

19 or offer evidence at the 

20 expungement hearing in support 

21 of or against expungement. 

22 ‘‘(bb) LOCATING VICTIMS.— 

23 The inability of a court to locate 

24 a victim shall not delay a pro25 ceeding under this subsection, 


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43 

•S 2567 IS

1 preclude the holding of an 

2 expungement hearing, or pre3 clude the issuance of an 

4 expungement order. 

5 ‘‘(IV) OTHER INDIVIDUALS.—An 

6 individual who receives notice under 

7 subparagraph (A)(iii) may testify or 

8 offer evidence at the expungement 

9 hearing as to the issues described in 

10 subclauses (I) and (II) of that para11 graph. 

12 ‘‘(C) BASIS FOR DECISION.—In conducting 

13 a hearing under subparagraph (B), the court 

14 shall determine whether to grant the 

15 expungement petition after considering— 

16 ‘‘(i) the evidence and testimony pre17 sented by the Attorney General and any 

18 victims at the hearing; 

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

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

22 his or her contact with the court or any 

23 law enforcement agency; 

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


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•S 2567 IS

1 ‘‘(v) the disposition of the case; 

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

5 services; 

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

7 during which the petitioner has been with8 out contact with any court or any law en9 forcement agency; 

10 ‘‘(viii) whether the petitioner has had 

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

14 ‘‘(ix) 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 an expungement petition, the 

19 petitioner may not file a new expungement peti20 tion with respect to the same offense until the 

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

22 ‘‘(E) UNIVERSAL FORM.—The Attorney 

23 General shall create a universal form, available 

24 over the Internet and in paper form, that an inVerDate Mar 15 2010 05:21 Jul 09, 2014 Jkt 039200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S2567.IS S2567

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•S 2567 IS

1 dividual may use to file an expungement peti2 tion. 

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

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

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

7 after the date of enactment of this section, and 

8 each year thereafter, each district court of the 

9 United States shall issue a public report that— 

10 ‘‘(i) describes— 

11 ‘‘(I) the number of expungement 

12 petitions granted and denied under 

13 this subsection; and 

14 ‘‘(II) the number of instances in 

15 which the Attorney General supported 

16 or opposed an expungement petition; 

17 and 

18 ‘‘(ii) includes any supporting data 

19 that the court determines relevant and that 

20 does not name any petitioner. 

21 ‘‘(H) PUBLIC DEFENDER ELIGIBILITY.— 

22 ‘‘(i) PETITIONERS UNDER AGE 18.— 

23 The district court shall appoint counsel in 

24 accordance with the plan of the district 

25 court in operation under section 3006A to 


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46 

•S 2567 IS

1 represent a petitioner for purposes of this 

2 subsection if the petitioner is less than 18 

3 years of age. 

4 ‘‘(ii) PETITIONERS AGE 18 AND

5 OLDER.— 

6 ‘‘(I) DISCRETION OF COURT.—In 

7 the case of a petitioner who not less 

8 than 18 years of age, the district 

9 court may, in its discretion, appoint 

10 counsel in accordance with the plan of 

11 the district court in operation under 

12 section 3006A to represent the peti13 tioner for purposes of this subsection. 

14 ‘‘(II) CONSIDERATIONS.—In de15 termining whether to appoint counsel 

16 under subclause (I), the court shall 

17 consider— 

18 ‘‘(aa) the anticipated com19 plexity of the expungement hear20 ing, including the number and 

21 type of witnesses called to advo22 cate against the expungement of 

23 the records of the petitioner; and 

24 ‘‘(bb) the potential for ad25 verse testimony by a victim or a 


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47 

•S 2567 IS

1 representative of the Attorney 

2 General. 

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

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

5 subsection, if a court orders the expungement of a 

6 juvenile record under subsection (a) or (b) with re7 spect to a juvenile nonviolent offense— 

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

9 delinquency proceeding, adjudication, or other 

10 result of such proceeding relating to the offense 

11 shall be treated as if it never occurred; and 

12 ‘‘(B) the person to whom the record per13 tains shall not be required to disclose the exist14 ence of the record. 

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

16 court orders the expungement of a juvenile record 

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

18 nonviolent offense, the court shall— 

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

20 to each entity or person that possesses a record 

21 relating to the offense, including each law en22 forcement agency, each public or private correc23 tional, detention, or treatment facility, each 

24 other public or private agency, and each person 

25 who provided treatment or rehabilitation servVerDate Mar 15 2010 05:21 Jul 09, 2014 Jkt 039200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S2567.IS S2567

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•S 2567 IS

1 ices for the petitioner under an order of the 

2 court; 

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

4 each entity or person described in paragraph 

5 (1) to— 

6 ‘‘(i) destroy the record; and 

7 ‘‘(ii) submit a written certification to 

8 the court, under penalty of perjury, that 

9 the entity or person has destroyed each 

10 paper and electronic copy of the record; 

11 ‘‘(C) destroy each paper and electronic 

12 copy of the record in the possession of the 

13 court; and 

14 ‘‘(D) after receiving a written certification 

15 from each entity or person under paragraph 

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

17 person described in paragraph (1) has de18 stroyed each paper and electronic copy of the 

19 record. 

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

21 inquiry relating to a juvenile record of a person that 

22 is expunged under this section, the court in which 

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


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49 

•S 2567 IS

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

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

5 record of a person is expunged under this section, 

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

8 under any civil or criminal provision of Federal or 

9 State law relating to perjury, false swearing, or 

10 making a false statement, including section 1001, 

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

12 record or respond to any inquiry made of the person 

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

15 ‘‘(5) CIVIL ACTIONS.— 

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

18 brings an action that might be defended with 

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

21 complete defense to the action. 

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

24 may rebut the presumption of a complete de25 fense by showing that the contents of the exVerDate Mar 15 2010 05:21 Jul 09, 2014 Jkt 039200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S2567.IS S2567

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1 punged record would not prevent the defendant 

2 from being liable. 

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

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

7 the plaintiff had a juvenile record and whether 

8 the record was expunged. 

9 ‘‘(D) PROOF OF EXISTENCE OF JUVENILE

10 RECORD.—If the plaintiff in an action described 

11 in subparagraph (A) denies the existence of a 

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

14 with the applicable laws of evidence. 

15 ‘‘(6) AUTHORIZATION FOR PERSON TO DIS16 CLOSE OWN RECORD.—A person who is the subject 

17 of a juvenile record expunged under this section may 

18 choose to disclose the record.’’. 

19 (2) TECHNICAL AND CONFORMING AMEND20 MENT.—The table of sections for chapter 403 of 

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

22 at the end the following: 

‘‘5043. Sealing. 

‘‘5044. Expungement.’’. 

23 (e) JUVENILE SOLITARY CONFINEMENT.— 


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

2 United States Code, as amended by subsection (d), 

3 is amended by adding at the end the following: 

4 ‘‘§ 5045. Juvenile solitary confinement 

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

6 ‘‘(1) the term ‘juvenile detention facility’ means 

7 any facility to which juveniles are committed, wheth8 er pursuant to an adjudication of delinquency under 

9 this subchapter or conviction for an offense; and 

10 ‘‘(2) the term ‘room confinement’ means the in11 voluntary restriction of a juvenile alone in a cell, 

12 room, or other area for any reason. 

13 ‘‘(b) PROHIBITION.— 

14 ‘‘(1) IN GENERAL.—The use of room confine15 ment at a juvenile detention facility for discipline, 

16 punishment, retaliation, staffing shortages, adminis17 trative convenience, or any reason other than as a 

18 temporary response to the behavior of a juvenile that 

19 poses a serious and immediate risk of physical harm 

20 to the juvenile or others is prohibited. 

21 ‘‘(2) JUVENILES POSING RISK OF HARM TO

22 OTHERS OR TO SELF AND OTHERS.— 

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


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1 ‘‘(i) IN GENERAL.—Before an em2 ployee of a juvenile detention facility places 

3 a juvenile in room confinement, the em4 ployee shall attempt to use less restrictive 

5 techniques, including— 

6 ‘‘(I) talking with the juvenile to 

7 de-escalate the situation; and 

8 ‘‘(II) when possible, bringing in 

9 other employees, qualified mental 

10 health professionals, or other juveniles 

11 to talk with the juvenile. 

12 ‘‘(ii) EXPLANATION.—Before an em13 ployee of a juvenile facility places a juve14 nile in room confinement, or immediately 

15 after doing so, the employee shall explain 

16 to the juvenile— 

17 ‘‘(I) the reasons for the room 

18 confinement; and 

19 ‘‘(II) the fact that the juvenile 

20 will be released from room confine21 ment upon regaining self-control. 

22 ‘‘(B) 3-HOUR MAXIMUM.—Except as pro23 vided in paragraph (3), if a juvenile is placed 

24 in room confinement because the juvenile poses 

25 a serious and immediate risk of physical harm 


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1 to others or to the juvenile and others, the juve2 nile shall not remain in room confinement for 

3 more than 3 hours. 

4 ‘‘(C) RELEASE.—As soon as a juvenile 

5 placed in room confinement under subpara6 graph (A) is sufficiently under control so as to 

7 no longer pose a serious and immediate risk of 

8 physical harm to the juvenile or others, the ju9 venile shall be released from room confinement. 

10 ‘‘(D) SPIRIT AND PURPOSE.—The use of 

11 consecutive periods of room confinement to 

12 evade the spirit and purpose of this subsection 

13 shall be prohibited. 

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

15 confinement for a juvenile shall— 

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

17 of floor space; 

18 ‘‘(ii) have adequate lighting, heating 

19 or cooling (as applicable), and ventilation 

20 for the comfort of the juvenile; 

21 ‘‘(iii) be suicide-resistant and protru22 sion-free; and 

23 ‘‘(iv) have reasonable access to water, 

24 toilet facilities, and hygiene supplies. 


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1 ‘‘(F) ACCESS TO SERVICES.—A juvenile 

2 placed in room confinement shall— 

3 ‘‘(i) have access to appropriate med4 ical and psychological services; and 

5 ‘‘(ii) receive crisis intervention and 

6 one-on-one observation. 

7 ‘‘(G) RISK OF HARM AFTER 3 HOURS.—If, 

8 after 3 hours of room confinement, a juvenile 

9 continues to pose a serious and immediate risk 

10 of physical harm to others or to the juvenile 

11 and others— 

12 ‘‘(i) the juvenile shall be transferred 

13 to another juvenile detention facility or in14 ternal location where services can be pro15 vided to the juvenile without relying on 

16 room confinement; or 

17 ‘‘(ii) if the juvenile cannot be trans18 ferred to another juvenile detention facility 

19 or internal location in accordance with 

20 clause (i), an employee of the juvenile de21 tention facility shall initiate a referral to a 

22 mental health facility that can meet the 

23 needs of the juvenile. 

24 ‘‘(3) JUVENILES POSING RISK OF HARM TO

25 SELF.— 


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1 ‘‘(A) IN GENERAL.—A juvenile may be 

2 placed in room confinement to protect the juve3 nile from a serious and immediate risk of phys4 ical harm that the juvenile poses to himself or 

5 herself. 

6 ‘‘(B) RELEASE.—A juvenile placed in room 

7 confinement under subparagraph (A) shall be 

8 released— 

9 ‘‘(i) immediately when the juvenile no 

10 longer poses a serious and immediate risk 

11 of physical harm to himself or herself; and 

12 ‘‘(ii) not later than 30 minutes after 

13 being placed in room confinement. 

14 ‘‘(C) EXPLANATION.—Before placing a ju15 venile in room confinement under subparagraph 

16 (A) or immediately after doing so, an employee 

17 of a juvenile detention facility shall explain to 

18 the juvenile— 

19 ‘‘(i) the reasons for the room confine20 ment; and 

21 ‘‘(ii) the fact that the juvenile will be 

22 released within 30 minutes. 

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

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


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1 thereafter, the Attorney General shall submit to Congress 

2 a report that— 

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

4 of physical force, restraints, and room confinement 

5 used at juvenile detention facilities; and 

6 ‘‘(2) describes the number of instances physical 

7 force, restraints, or room confinement are used at 

8 juvenile detention facilities, disaggregated by race, 

9 ethnicity, and gender.’’. 

10 (2) TECHNICAL AND CONFORMING AMEND11 MENT.—The table of sections for chapter 403 of 

12 title 18, United States Code, as amended by sub13 section (d), is amended by adding at the end the fol14 lowing: 

‘‘5045. Juvenile solitary confinement.’’. 

15 SEC. 4. STUDY AND REPORT ON COST SAVINGS FROM SEAL16 ING AND EXPUNGEMENT PROVISIONS. 

17 (a) STUDY.— 

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

19 the date of enactment of this Act, the Attorney Gen20 eral, in consultation with the Secretary of Labor and 

21 the Director of the Office of Management and Budg22 et, shall conduct a study on the cost savings and 

23 broader economic impact of the sealing and 

24 expungement provisions in the amendments made by 

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


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1 (2) CONSIDERATIONS.—In conducting the study 

2 under paragraph (1), the Attorney General shall 

3 consider— 

4 (A) the reduction in recidivism and associ5 ated cost savings related to corrections and 

6 public safety; 

7 (B) increased economic activity by former 

8 offenders, including by conducting an analysis 

9 of the tax revenue generated by that activity; 

10 and 

11 (C) the economic impact on the household 

12 of former offenders and the children of former 

13 offenders. 

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

15 of enactment of this Act, the Attorney General shall sub16 mit to Congress a report on the study conducted under 

17 subsection (a). 

18 SEC. 5. TANF ASSISTANCE AND SNAP BENEFITS. 

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

20 115 of the Personal Responsibility and Work Opportunity 

21 Reconciliation Act of 1996 (21 U.S.C. 862a) is amend22 ed— 

23 (1) in subsection (a)— 


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1 (A) by redesignating paragraphs (1) and 

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

3 and adjusting the margins accordingly; 

4 (B) in the matter preceding subparagraph 

5 (A), as redesignated— 

6 (i) by striking ‘‘An individual’’ and in7 serting the following: 

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

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

10 and 

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

12 and 

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

14 ‘‘(2) EXCEPTION FOR INDIVIDUALS WHO RE15 CEIVE TREATMENT AND OTHER INDIVIDUALS.—The 

16 prohibition under paragraph (1) shall not apply to 

17 an individual convicted of an offense described in 

18 paragraph (1) who— 

19 ‘‘(A) has committed an offense that the 

20 court in which the individual is convicted (re21 ferred to in this paragraph as the ‘court’) deter22 mines is rationally related to a substance abuse 

23 disorder; 

24 ‘‘(B)(i) is on a waiting list for, is accepted 

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1 torily completed a substance abuse treatment 

2 program approved by the court; or 

3 ‘‘(ii) has been determined by the court to 

4 not need substance abuse treatment; and 

5 ‘‘(C) complies with all obligations imposed 

6 by the court.’’; 

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

8 the enactment of this Act’’ each place that term ap9 pears and inserting ‘‘the date of enactment of the 

10 Record Expungement Designed to Enhance Employ11 ment Act of 2014’’; and 

12 (3) in subsection (f), by striking paragraph (5) 

13 and inserting the following: 

14 ‘‘(5) Employment services, including job train15 ing programs and any other employment services 

16 that are funded using assistance or benefits referred 

17 to in subsection (a).’’. 

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

19 LIMIT PERIOD OF PROHIBITION.— 

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

21 ‘‘TANF assistance or SNAP benefits’’ means assist22 ance or benefits referred to in section 115(a) of the 

23 Personal Responsibility and Work Opportunity Rec24 onciliation Act of 1996 (21 U.S.C. 862a(a)). 


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

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

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

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

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

11 or SNAP benefits that are more restrictive than the 

12 conditions on eligibility for TANF assistance or 

13 SNAP benefits under such section as amended by 

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

15 SEC. 6. STATE INCENTIVES. 

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

17 the Omnibus Crime Control and Safe Streets Act of 1968 

18 (42 U.S.C. 3796dd(c)) is amended— 

19 (1) by striking ‘‘In’’ and inserting the following: 

20 ‘‘(1) IN GENERAL.—In’’; 

21 (2) by striking ‘‘where feasible’’ and all that fol22 lows, and inserting the following: ‘‘where feasible, to 

23 an application— 

24 ‘‘(A) for hiring and rehiring additional ca25 reer law enforcement officers that involves a 


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1 non-Federal contribution exceeding the 25 per2 cent minimum under subsection (g); or 

3 ‘‘(B) from an applicant in a State that has 

4 in effect— 

5 ‘‘(i) a law relating to the confiden6 tiality, sealing, and expungement of juve7 nile records that is substantially similar to, 

8 or more generous to the former offender 

9 than, the amendments made by subsections 

10 (b) through (d) of section 3 of the Record 

11 Expungement Designed to Enhance Em12 ployment Act of 2014; 

13 ‘‘(ii) a law prohibiting juvenile solitary 

14 confinement that is substantially similar 

15 to, or more restrictive than, the amend16 ment made by subsection (e) of section 3 

17 of the Record Expungement Designed to 

18 Enhance Employment Act of 2014; 

19 ‘‘(iii) a law relating to the sealing of 

20 adult records that is substantially similar 

21 to, or more generous to the former of22 fender than, the amendments made by sec23 tion 2 of the Record Expungement De24 signed to Enhance Employment Act of 

25 2014; 


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1 ‘‘(iv) subject to paragraph (2), a law 

2 that establishes that an adult criminal 

3 court may not have original jurisdiction 

4 over an individual who was less than 18 

5 years of age when the individual committed 

6 an offense; 

7 ‘‘(v) a law that allows an individual 

8 who has successfully sealed or expunged a 

9 criminal record to be free from civil and 

10 criminal perjury laws; or 

11 ‘‘(vi) a law relating to the eligibility of 

12 individuals for assistance or benefits re13 ferred to in subsection (a) of section 115 

14 of the Personal Responsibility and Work 

15 Opportunity Reconciliation Act of 1996 

16 (21 U.S.C. 862a(a)) that is no more re17 strictive than such section, as amended by 

18 section 5 of the Record Expungement De19 signed to Enhance Employment Act of 

20 2014.’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(2) JUVENILE TRANSFER PROVISIONS.—Para23 graph (1)(B)(iv) shall not be construed to preclude 

24 from preferential consideration an application from 

25 an applicant in a State that— 


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

2 transfer of an individual who is less than 18 

3 years of age to adult criminal court if the indi4 vidual commits a specified offense or an offense 

5 that falls under a specified category of offenses; 

6 or 

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

8 mechanisms. 

9 ‘‘(3) DEGREE OF PRIORITY COMMENSURATE

10 WITH DEGREE OF COMPLIANCE.—If the Attorney 

11 General, in awarding grants under this part, gives 

12 preferential consideration to any application as au13 thorized under paragraph (1)(B), the Attorney Gen14 eral shall base the degree of preferential consider15 ation given to an application from an applicant in a 

16 particular State on the number of clauses under 

17 paragraph (1)(B) that the State has satisfied, rel18 ative to the number of such clauses that each other 

19 State has satisfied.’’. 

20 (b) ATTORNEY GENERAL GUIDELINES AND TECH21 NICAL ASSISTANCE.—The Attorney General shall issue 

22 guidelines and provide technical assistance to assist States 

23 in complying with the incentive under section 

24 1701(c)(1)(B) of the Omnibus Crime Control and Safe 


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1 Streets Act of 1968 (42 U.S.C. 3796dd(c)(1)(B)), as 

2 added by subsection (a). 

3 SEC. 7. 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, hous11 ing, credit, or any other type of applica12 tion; and 

13 ‘‘(ii) does not include a law enforce14 ment or intelligence agency that seeks the 

15 exchange of a record for— 

16 ‘‘(I) investigative purposes; or 

17 ‘‘(II) purposes relating to— 

18 ‘‘(aa) law enforcement em19 ployment; or 

20 ‘‘(bb) employment that re21 quires a government security 

22 clearance. 

23 ‘‘(2) PERIODIC REVIEW AND UPDATE OF

24 RECORDS.—Not later than 1 year after the date of 

25 enactment of the Record Expungement Designed to 


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1 Enhance Employment Act of 2014, and every 2 

2 years thereafter, the Attorney General shall— 

3 ‘‘(A) review each record for completeness 

4 and accuracy; and 

5 ‘‘(B) to the extent feasible, update or cor6 rect each incomplete or inaccurate record. 

7 ‘‘(3) INCOMPLETE OR INACCURATE RECORDS.— 

8 If the Attorney General determines under paragraph 

9 (2)(A) that a record is incomplete or inaccurate, the 

10 Attorney General— 

11 ‘‘(A) shall notify each relevant reporting 

12 jurisdiction that the record is incomplete or in13 accurate; and 

14 ‘‘(B) may not exchange the record with a 

15 requesting entity until the Attorney General up16 dates or corrects the record.’’. 

17 (b) REPORT.—Not later than 2 years after the date 

18 of enactment of this Act, the Attorney General shall sub19 mit to Congress a report on the implementation of section 

20 534(g) of title 28, United States Code, as added by sub21 section (a), that includes— 

22 (1) the number of exchanges of records or in23 formation for employment-related purposes made 

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1 tem created under section 534 of title 28, United 

2 States Code; 

3 (2) appropriate statistical information to deter4 mine whether the exchange of records or information 

5 about arrests that did not result in convictions is af6 fecting the employment opportunities of employees 

7 to whom those records or information pertain; 

8 (3) any prolonged failure of a reporting juris9 diction to comply with a request by the Attorney 

10 General for information about dispositions of ar11 rests; and 

12 (4) the numbers of successful and unsuccessful 

13 challenges to the accuracy and completeness of 

14 records or information, by State where the records 

15 and information originated. 

16 SEC. 8. REPORT ON STATUTORY AND REGULATORY RE17 STRICTIONS AND DISQUALIFICATIONS BASED 

18 ON CRIMINAL RECORDS. 

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

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

21 consultation with the Secretary of Labor and the Director 

22 of the Office of Personnel Management, shall submit to 

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

24 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, waive 

19 or exempt the restriction or disqualification 

20 based on a showing of rehabilitation or other 

21 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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