II 

114TH CONGRESS 

1ST SESSION S. 675 

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 

MARCH 9, 2015 

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 2015’’ 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 appro18 priate committees of Congress a report that de19 scribes the exercise of discretion by the court 

20 under subparagraph (B), with all relevant data 

21 disaggregated by race, ethnicity, gender, and 

22 the nature of the offense. 

23 ‘‘§ 3632. Sealing petition 

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


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

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

4 covered nonviolent offense in a district court of the 

5 United States. 

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

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

11 supervised release, the date that is 1 year after 

12 the date on which the eligible individual has 

13 completed every such term of imprisonment, 

14 probation, or supervised release; and 

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

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

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

21 ‘‘(A) CONVICTED INDIVIDUALS.— 

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

23 convicted of a covered nonviolent offense 

24 and will potentially be eligible to file a 

25 sealing petition with respect to the offense 


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

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

6 in clause (ii), of— 

7 ‘‘(I) that potential eligibility; 

8 ‘‘(II) the necessary procedures 

9 for filing the sealing petition; and 

10 ‘‘(III) the benefits of sealing a 

11 record, including protection from civil 

12 and criminal perjury, false swearing, 

13 and false statement laws with respect 

14 to the record. 

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

16 this clause are— 

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

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

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

23 ‘‘(B) INDIVIDUALS NOT CONVICTED.— 

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

25 is arrested for a covered nonviolent ofVerDate Sep 11 2014 21:07 Mar 12, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S675.IS S675

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

3 and the individual is potentially eligible to 

4 file a sealing petition with respect to the 

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

8 the individual of— 

9 ‘‘(I) that potential eligibility; 

10 ‘‘(II) the necessary procedures 

11 for filing the sealing petition; and 

12 ‘‘(III) the benefits of sealing a 

13 record, including protection from civil 

14 and criminal perjury, false swearing, 

15 and false statement laws with respect 

16 to the record. 

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

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

24 to the offense, on the date on which the 

25 case relating to the offense is disposed of, 


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1 the court in which the criminal proceedings 

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

4 ‘‘(I) that potential eligibility; 

5 ‘‘(II) the necessary procedures 

6 for filing the sealing petition; and 

7 ‘‘(III) the benefits of sealing a 

8 record, including protection from civil 

9 and criminal perjury, false swearing, 

10 and false statement laws with respect 

11 to the record. 

12 ‘‘(b) PROCEDURES.— 

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

16 covered nonviolent offense, the district court in 

17 which the petition is filed shall provide notice of the 

18 petition— 

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

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

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


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

2 date of the offense or arrest; or 

3 ‘‘(ii) reasons that the sealing order 

4 should be entered. 

5 ‘‘(2) HEARING.— 

6 ‘‘(A) IN GENERAL.—Not later than 6 

7 months after the date on which an individual 

8 files a sealing petition, the district court shall— 

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

12 ‘‘(ii) determine whether to enter a 

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

15 ‘‘(B) OPPORTUNITY TO TESTIFY AND

16 OFFER EVIDENCE.— 

17 ‘‘(i) PETITIONER.—The petitioner 

18 may testify or offer evidence at the sealing 

19 hearing in support of sealing. 

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

21 United States attorney that receives notice 

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

24 the sealing hearing in support of or 

25 against sealing. 


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

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

4 sealing hearing as to the issues described 

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

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

7 judge may preside over a hearing under this 

8 paragraph. 

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

12 the court shall make a determination under 

13 paragraph (3) without a hearing. 

14 ‘‘(3) BASIS FOR DECISION.— 

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

19 ‘‘(i) shall consider— 

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

22 and 

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


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

4 against, or of which the petitioner has been 

5 convicted; and 

6 ‘‘(iii) shall balance— 

7 ‘‘(I)(aa) the interest of public 

8 knowledge and safety; and 

9 ‘‘(bb) the legitimate interest, if 

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

12 information, including any potential 

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

15 or employment restrictions; against 

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

18 rehabilitated and positively contribute 

19 to the community; and 

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

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

25 maintain employment. 


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1 ‘‘(B) BURDEN ON GOVERNMENT.—The 

2 burden shall be on the Government to show 

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

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

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

8 district court denies a sealing petition, the petitioner 

9 may not file a new sealing petition with respect to 

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

11 the date of the denial. 

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

13 Administrative Office of the United States Courts 

14 shall create a universal form, available over the 

15 Internet and in paper form, that an individual may 

16 use to file a sealing petition. 

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

19 by regulation establish a minimally burdensome 

20 process under which indigent petitioners may obtain 

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

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

23 the date of enactment of this subchapter, and each 

24 year thereafter, each district court of the United 

25 States shall issue a public report that— 


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1 ‘‘(A) describes— 

2 ‘‘(i) the number of sealing petitions 

3 granted and denied under this section; and 

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

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

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

8 court determines relevant and that does not 

9 name any petitioner; and 

10 ‘‘(C) disaggregates all relevant data by 

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

12 offense. 

13 ‘‘(8) PUBLIC DEFENDER ELIGIBILITY.— 

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

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

17 operation under section 3006A to represent a 

18 petitioner for purposes of this section. 

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

21 subparagraph (A), the court shall consider— 

22 ‘‘(i) the anticipated complexity of the 

23 sealing hearing, including the number and 

24 type of witnesses called to advocate against 


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1 the sealing of the protected information of 

2 the petitioner; and 

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

5 office of the United States attorney. 

6 ‘‘§ 3633. Effect of sealing order 

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

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

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

12 never occurred. 

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

14 of the United States enters a sealing order with respect 

15 to a covered nonviolent offense, the court shall— 

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

17 entity or person known to the court that possesses 

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

20 ‘‘(A) law enforcement agency; and 

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

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

24 person described in paragraph (1) to— 


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

2 this section; and 

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

4 court, under penalty of perjury, that the entity 

5 or person has sealed each paper and electronic 

6 copy of the record; 

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

8 record in the possession of the court; and 

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

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

11 the petitioner that each entity or person described in 

12 paragraph (1) has sealed each paper and electronic 

13 copy of the record. 

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

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

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

17 nonviolent offense shall not be subject to prosecution 

18 under any civil or criminal provision of Federal or State 

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

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

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

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


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

2 The Attorney General— 

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

4 protected information that has been sealed under 

5 this subchapter; and 

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

7 only— 

8 ‘‘(A) for legitimate investigative purposes; 

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

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

12 ‘‘(C) if the Attorney General determines 

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

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

17 State law enforcement agency may access a record that 

18 is sealed under this subchapter solely— 

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

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

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

23 supervision purposes; or 


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

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

4 ‘‘(f) PROHIBITION ON DISCLOSURE.— 

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

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

7 make or attempt to make an unauthorized disclosure 

8 of any protected information from a record that has 

9 been sealed under this subchapter. 

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

12 for not more than 1 year, or both. 

13 ‘‘(3) EXCEPTIONS.— 

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

16 under this subchapter shall, and a Federal or 

17 State law enforcement agency that possesses 

18 such a record may, disclose the record in the 

19 case of a background check for— 

20 ‘‘(i) law enforcement employment; or 

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

23 ‘‘(I) national security position; or 

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


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

2 person may disclose protected information from 

3 a record sealed under this subchapter to the 

4 Secretaries of the military departments (or the 

5 Secretary of Homeland Security with respect to 

6 the Coast Guard when it is not operating as a 

7 service in the Navy) for the purpose of vetting 

8 an enlistment or commission, or with regard to 

9 any member of the Armed Forces. 

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

13 this subchapter if the information pertains to a 

14 potential witness in a Federal or State— 

15 ‘‘(i) criminal proceeding; or 

16 ‘‘(ii) juvenile delinquency proceeding. 

17 ‘‘(D) AUTHORIZATION FOR INDIVIDUAL TO

18 DISCLOSE OWN RECORD.—An individual who is 

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

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

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

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

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


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

2 this Act. 

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

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

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

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

8 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

11 following: 

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

12 SEC. 3. JUVENILE SEALING AND EXPUNGEMENT. 

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

14 (1) protect children and adults against damage 

15 stemming from their juvenile acts and subsequent 

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

18 (2) prevent the unauthorized use or disclosure 

19 of confidential juvenile delinquency records and any 

20 potential employment, financial, psychological, or 

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

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

24 States Code, is amended to read as follows: 


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1 ‘‘§ 5031. Definitions 

2 ‘‘In this chapter— 

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

5 of juvenile delinquency; 

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

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

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

10 unreadable, whether paper, electronic, or otherwise 

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

13 other means; 

14 ‘‘(4) the term ‘expunge’— 

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

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

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

20 5044(c), including— 

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

22 which an expunged record relates, and any 

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

26 never occurred; and 


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1 ‘‘(ii) protection from civil and criminal 

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

4 record; 

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

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

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

8 petition for expungement filed under section 

9 5044(b); 

10 ‘‘(7) the term ‘juvenile’ means— 

11 ‘‘(A) except as provided in subparagraph 

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

13 18; and 

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

15 disposition under this chapter for an alleged act 

16 of juvenile delinquency, a person who has not 

17 attained the age of 21; 

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

19 violation of a law of the United States committed by 

20 a person before attaining the age of 18 which would 

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

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

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

24 means an act of juvenile delinquency that is not— 


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

2 103 of the Juvenile Justice and Delinquency 

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

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

5 in section 111 of the Sex Offender Registration 

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

7 ‘‘(10) the term ‘juvenile record’— 

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

9 court, the probation system, a law enforcement 

10 agency, or any other government agency, of the 

11 juvenile delinquency proceedings of a person; 

12 and 

13 ‘‘(B) includes— 

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

15 formal document such as a petition, notice, 

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

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

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

21 ‘‘(II) a record of any government 

22 agency that keeps records relating to 

23 juvenile delinquency; 

24 ‘‘(III) a medical record; 


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

3 ‘‘(V) a birth certificate; 

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

6 plan; 

7 ‘‘(VII) a detention record; 

8 ‘‘(VIII) demographic information 

9 that identifies a juvenile or the family 

10 of a juvenile; or 

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

15 of juvenile delinquency, or an alleged 

16 act of juvenile delinquency; 

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

19 ‘‘(I) fingerprints; 

20 ‘‘(II) a DNA sample; or 

21 ‘‘(III) a photograph; and 

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

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

25 files an expungement petition or a sealing petition; 


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1 ‘‘(12) the term ‘seal’— 

2 ‘‘(A) means— 

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

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

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

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

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

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

11 5043(c), including— 

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

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

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

18 ‘‘(ii) protection from civil and criminal 

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

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

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

25 5043(b).’’. 


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

2 United States Code, is amended— 

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

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

6 and 

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

8 courts exercising jurisdiction over any juvenile’’ and 

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

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

12 (d) SEALING; EXPUNGEMENT.— 

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

14 United States Code, is amended by adding at the 

15 end the following: 

16 ‘‘§ 5043. Sealing 

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

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

20 on which a person who is adjudicated delinquent 

21 under this chapter for a juvenile nonviolent offense 

22 completes every term of probation, official detention, 

23 or juvenile delinquent supervision ordered by the 

24 court with respect to the offense, the court shall 


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1 order the sealing of each juvenile record or portion 

2 thereof that relates to the offense if the person— 

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

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

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

7 court proceedings or juvenile delinquency pro8 ceedings. 

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

10 order of sealing under paragraph (1) shall require 

11 no action by the person whose juvenile records are 

12 to be sealed. 

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

14 court that orders the sealing of a juvenile record of 

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

17 sealing the record, including protection from civil 

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

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

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

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

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1 ter for a juvenile nonviolent offense completes 

2 every term of probation, official detention, or 

3 juvenile delinquent supervision ordered by the 

4 court with respect to the offense, the person 

5 may petition the court to seal the juvenile 

6 records that relate to the offense. 

7 ‘‘(B) NOTICE OF OPPORTUNITY TO FILE

8 PETITION.—If a person is adjudged delinquent 

9 for a juvenile nonviolent offense, the court in 

10 which the person is adjudged delinquent shall, 

11 in writing, inform the person of the potential 

12 eligibility of the person to file a sealing petition 

13 with respect to the offense upon completing 

14 every term of probation, official detention, or 

15 juvenile delinquent supervision ordered by the 

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

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

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

25 with respect to the offense. 


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1 ‘‘(2) PROCEDURES.— 

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

3 a person files a sealing petition with respect to 

4 a juvenile nonviolent offense, the court in which 

5 the petition is filed shall provide notice of the 

6 petition— 

7 ‘‘(i) to the Attorney General; and 

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

11 ‘‘(I) the conduct of the petitioner 

12 since the date of the offense; or 

13 ‘‘(II) the reasons that the sealing 

14 order should be entered. 

15 ‘‘(B) HEARING.— 

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

17 months after the date on which a person 

18 files a sealing petition, the court shall— 

19 ‘‘(I) except as provided in clause 

20 (iii), conduct a hearing in accordance 

21 with clause (ii); and 

22 ‘‘(II) determine whether to enter 

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


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1 ‘‘(ii) OPPORTUNITY TO TESTIFY AND

2 OFFER EVIDENCE.— 

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

5 the sealing hearing in support of seal6 ing. 

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

10 sealing hearing in support of or 

11 against sealing. 

12 ‘‘(III) OTHER INDIVIDUALS.—An 

13 individual who receives notice under 

14 subparagraph (A)(ii) may testify or 

15 offer evidence at the sealing hearing 

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

19 ‘‘(iii) WAIVER OF HEARING.—If the 

20 petitioner and the Attorney General so 

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

23 hearing. 


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

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

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

6 ‘‘(ii) all the evidence and testimony 

7 presented at the sealing hearing, if such a 

8 hearing is conducted; 

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

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

12 his or her contact with the court or any 

13 law enforcement agency; 

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

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

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

20 services; 

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

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


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1 ‘‘(ix) whether the petitioner has had 

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

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

7 granted. 

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

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

11 respect to the same juvenile nonviolent offense 

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

13 the denial. 

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

15 the Administrative Office of the United States 

16 Courts shall create a universal form, available 

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

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

20 be no cost for filing a sealing petition. 

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

22 after the date of enactment of this section, and 

23 each year thereafter, each district court of the 

24 United States shall issue a public report that— 

25 ‘‘(i) describes— 


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•S 675 IS

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

3 subsection; and 

4 ‘‘(II) the number of instances in 

5 which the Attorney General supported 

6 or opposed a sealing petition; 

7 ‘‘(ii) includes any supporting data 

8 that the court determines relevant and that 

9 does not name any petitioner; and 

10 ‘‘(iii) disaggregates all relevant data 

11 by race, ethnicity, gender, and the nature 

12 of the offense. 

13 ‘‘(H) PUBLIC DEFENDER ELIGIBILITY.— 

14 ‘‘(i) PETITIONERS UNDER AGE 18.— 

15 The district court shall appoint counsel in 

16 accordance with the plan of the district 

17 court in operation under section 3006A to 

18 represent a petitioner for purposes of this 

19 subsection if the petitioner is less than 18 

20 years of age. 

21 ‘‘(ii) PETITIONERS AGE 18 AND

22 OLDER.— 

23 ‘‘(I) DISCRETION OF COURT.—In 

24 the case of a petitioner who not less 

25 than 18 years of age, the district 


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•S 675 IS

1 court may, in its discretion, appoint 

2 counsel in accordance with the plan of 

3 the district court in operation under 

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

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

8 under subclause (I), the court shall 

9 consider— 

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

13 witnesses called to advocate 

14 against the sealing of the records 

15 of the petitioner; and 

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

18 representative of the Attorney 

19 General. 

20 ‘‘(c) EFFECT OF SEALING ORDER.— 

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

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

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

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


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•S 675 IS

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

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

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

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

8 each entity or person known to the court that 

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

11 ‘‘(i) law enforcement agency; and 

12 ‘‘(ii) public or private correctional or 

13 detention facility; 

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

16 to— 

17 ‘‘(i) seal the record; and 

18 ‘‘(ii) submit a written certification to 

19 the court, under penalty of perjury, that 

20 the entity or person has sealed each paper 

21 and electronic copy of the record; 

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

23 the record in the possession of the court; and 

24 ‘‘(D) after receiving a written certification 

25 from each entity or person under subparagraph 


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•S 675 IS

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

2 person described in subparagraph (A) has 

3 sealed each paper and electronic copy of the 

4 record. 

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

7 who is the subject of a juvenile record sealed under 

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

9 not be subject to prosecution under any civil or 

10 criminal provision of Federal or State law relating to 

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

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

13 failing to acknowledge the record or respond to any 

14 inquiry made of the person or the parent, relating 

15 to the record, for any purpose. 

16 ‘‘(4) LAW ENFORCEMENT ACCESS TO SEALED

17 RECORDS.—A law enforcement agency may access a 

18 sealed juvenile record of a person solely— 

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

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

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

25 to— 


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•S 675 IS

1 ‘‘(i) law enforcement employment; or 

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

4 ‘‘(I) national security position; or 

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

7 ‘‘(5) PROHIBITION ON DISCLOSURE.— 

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

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

12 sealed juvenile record in violation of this sec13 tion. 

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

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

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

17 ‘‘(C) EXCEPTIONS.— 

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

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

22 possesses such a record may, disclose the 

23 record in the case of a background check 

24 for— 


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•S 675 IS

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

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

6 ‘‘(ii) DISCLOSURE TO ARMED

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

9 Secretaries of the military departments (or 

10 the Secretary of Homeland Security with 

11 respect to the Coast Guard when it is not 

12 operating as a service in the Navy) for the 

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

15 the Armed Forces. 

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

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

21 State— 

22 ‘‘(I) criminal proceeding; or 

23 ‘‘(II) juvenile delinquency pro24 ceeding. 


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•S 675 IS

1 ‘‘(iv) AUTHORIZATION FOR PERSON

2 TO DISCLOSE OWN RECORD.—A person 

3 who is the subject of a juvenile record 

4 sealed under this section may choose to 

5 disclose the record. 

6 ‘‘§ 5044. Expungement 

7 ‘‘(a) AUTOMATIC EXPUNGEMENT OF CERTAIN

8 RECORDS.— 

9 ‘‘(1) ATTORNEY GENERAL MOTION.— 

10 ‘‘(A) NONVIOLENT OFFENSES COMMITTED

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

12 adjudicated delinquent under this chapter for a 

13 juvenile nonviolent offense committed before the 

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

15 which the person attains 18 years of age, the 

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

18 person was adjudicated delinquent requesting 

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

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

22 for an offense for which a juvenile delinquency 

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


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•S 675 IS

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

4 ‘‘(C) EXPUNGEMENT ORDER.—Upon the 

5 filing of a motion in a district court of the 

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

8 arrest for an offense under subparagraph (B), 

9 the court shall grant the motion and order that 

10 each juvenile record relating to the offense or 

11 arrest, as applicable, be expunged. 

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

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

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

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

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

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

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

22 records are to be expunged. 

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

24 A court that orders the expungement of a juvenile 

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


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•S 675 IS

1 shall, in writing, inform the person of the 

2 expungement and the benefits of expunging the 

3 record, including protection from civil and criminal 

4 perjury, false swearing, and false statement laws 

5 with respect to the record. 

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

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

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

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

13 order the expungement of the juvenile record that 

14 relates to the offense. 

15 ‘‘(2) PROCEDURES.— 

16 ‘‘(A) NOTIFICATION OF PROSECUTOR AND

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

20 shall provide notice of the petition— 

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

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


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1 ‘‘(I) the conduct of the petitioner 

2 since the date of the offense; or 

3 ‘‘(II) the reasons that the 

4 expungement order should be entered. 

5 ‘‘(B) HEARING.— 

6 ‘‘(i) IN GENERAL.—Not later than 6 

7 months after the date on which a person 

8 files an expungement petition, the court 

9 shall— 

10 ‘‘(I) except as provided in clause 

11 (iii), conduct a hearing in accordance 

12 with clause (ii); and 

13 ‘‘(II) determine whether to enter 

14 an expungement order for the person 

15 in accordance with subparagraph (C). 

16 ‘‘(ii) OPPORTUNITY TO TESTIFY AND

17 OFFER EVIDENCE.— 

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

20 the expungement hearing in support 

21 of expungement. 

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


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1 expungement hearing in support of or 

2 against expungement. 

3 ‘‘(III) OTHER INDIVIDUALS.—An 

4 individual who receives notice under 

5 subparagraph (A)(ii) may testify or 

6 offer evidence at the expungement 

7 hearing as to the issues described in 

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

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

11 shall determine whether to grant an 

12 expungement petition after considering— 

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

14 the possession of the court; 

15 ‘‘(ii) all the evidence and testimony 

16 presented at the expungement hearing, if 

17 such a hearing is conducted; 

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

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

21 his or her contact with the court or any 

22 law enforcement agency; 

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

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


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•S 675 IS

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

4 services; 

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

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

9 ‘‘(ix) whether the petitioner has had 

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

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

15 granted. 

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

17 the court denies an expungement petition, the 

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

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

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

22 the Administrative Office of the United States 

23 Courts shall create a universal form, available 

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1 dividual may use to file an expungement peti2 tion. 

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

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

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

7 after the date of enactment of this section, and 

8 each year thereafter, each district court of the 

9 United States shall issue a public report that— 

10 ‘‘(i) describes— 

11 ‘‘(I) the number of expungement 

12 petitions granted and denied under 

13 this subsection; and 

14 ‘‘(II) the number of instances in 

15 which the Attorney General supported 

16 or opposed an expungement petition; 

17 ‘‘(ii) includes any supporting data 

18 that the court determines relevant and that 

19 does not name any petitioner; and 

20 ‘‘(iii) disaggregates all relevant data 

21 by race, ethnicity, gender, and the nature 

22 of the offense. 

23 ‘‘(H) PUBLIC DEFENDER ELIGIBILITY.— 

24 ‘‘(i) PETITIONERS UNDER AGE 18.— 

25 The district court shall appoint counsel in 


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•S 675 IS

1 accordance with the plan of the district 

2 court in operation under section 3006A to 

3 represent a petitioner for purposes of this 

4 subsection if the petitioner is less than 18 

5 years of age. 

6 ‘‘(ii) PETITIONERS AGE 18 AND

7 OLDER.— 

8 ‘‘(I) DISCRETION OF COURT.—In 

9 the case of a petitioner who not less 

10 than 18 years of age, the district 

11 court may, in its discretion, appoint 

12 counsel in accordance with the plan of 

13 the district court in operation under 

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

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

18 under subclause (I), the court shall 

19 consider— 

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

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

25 the records of the petitioner; and 


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•S 675 IS

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

3 representative of the Attorney 

4 General. 

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

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

7 subsection, if a court orders the expungement of a 

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

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

11 delinquency proceeding, adjudication, or other 

12 result of such proceeding relating to the offense 

13 shall be treated as if it never occurred; and 

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

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

18 court orders the expungement of a juvenile record 

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

20 nonviolent offense, the court shall— 

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

22 to each entity or person known to the court 

23 that possesses a record relating to the offense, 

24 including each— 

25 ‘‘(i) law enforcement agency; and 


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•S 675 IS

1 ‘‘(ii) public or private correctional or 

2 detention facility; 

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

4 each entity or person described in subparagraph 

5 (A) to— 

6 ‘‘(i) destroy the record; and 

7 ‘‘(ii) submit a written certification to 

8 the court, under penalty of perjury, that 

9 the entity or person has destroyed each 

10 paper and electronic copy of the record; 

11 ‘‘(C) destroy each paper and electronic 

12 copy of the record in the possession of the 

13 court; and 

14 ‘‘(D) after receiving a written certification 

15 from each entity or person under subparagraph 

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

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

19 record. 

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

21 inquiry relating to a juvenile record of a person that 

22 is expunged under this section, the court in which 

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


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•S 675 IS

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

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

5 record of a person is expunged under this section, 

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

8 under any civil or criminal provision of Federal or 

9 State law relating to perjury, false swearing, or 

10 making a false statement, including section 1001, 

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

12 record or respond to any inquiry made of the person 

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

15 ‘‘(5) CIVIL ACTIONS.— 

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

18 brings an action that might be defended with 

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

21 complete defense to the action. 

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

24 may rebut the presumption of a complete de25 fense by showing that the contents of the exVerDate Sep 11 2014 21:07 Mar 12, 2015 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S675.IS S675

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1 punged record would not prevent the defendant 

2 from being liable. 

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

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

7 the plaintiff had a juvenile record and whether 

8 the record was expunged. 

9 ‘‘(D) PROOF OF EXISTENCE OF JUVENILE

10 RECORD.—If the plaintiff in an action described 

11 in subparagraph (A) denies the existence of a 

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

14 with the applicable laws of evidence. 

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

17 from a juvenile record expunged under this section 

18 if the information pertains to a potential witness in 

19 a Federal or State— 

20 ‘‘(A) criminal proceeding; or 

21 ‘‘(B) juvenile delinquency proceeding. 

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

24 of a juvenile record expunged under this section may 

25 choose to disclose the record.’’. 


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

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

4 at the end the following: 

‘‘5043. Sealing. 

‘‘5044. Expungement.’’. 

5 (3) APPLICABILITY.—Sections 5043 and 5044 

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

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

11 or after the date of enactment of this Act. 

12 (e) JUVENILE SOLITARY CONFINEMENT.— 

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

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

15 is amended by adding at the end the following: 

16 ‘‘§ 5045. Juvenile solitary confinement 

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

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

19 any facility— 

20 ‘‘(A) to which juveniles are committed, 

21 whether pursuant to an adjudication of delin22 quency under this subchapter or conviction for 

23 an offense; or 


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1 ‘‘(B) where juveniles are detained prior to 

2 disposition or conviction; and 

3 ‘‘(2) the term ‘room confinement’ means the in4 voluntary restriction of a juvenile alone in a cell, 

5 room, or other area for any reason. 

6 ‘‘(b) PROHIBITION.— 

7 ‘‘(1) IN GENERAL.—The use of room confine8 ment at a juvenile detention facility for discipline, 

9 punishment, retaliation, staffing shortages, adminis10 trative convenience, or any reason other than as a 

11 temporary response to the behavior of a juvenile that 

12 poses a serious and immediate risk of physical harm 

13 to the juvenile, to others, or to the juvenile and oth14 ers, is prohibited. 

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

16 ‘‘(A) REQUIREMENT TO USE LEAST RE17 STRICTIVE TECHNIQUES.— 

18 ‘‘(i) IN GENERAL.—Before a staff 

19 member of a juvenile detention facility 

20 places a juvenile in room confinement, the 

21 staff member shall attempt to use less re22 strictive techniques, including— 

23 ‘‘(I) talking with the juvenile to 

24 de-escalate the situation; and 


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1 ‘‘(II) when possible, bringing in 

2 other staff members, qualified mental 

3 health professionals, or other juveniles 

4 to talk with the juvenile. 

5 ‘‘(ii) EXPLANATION.—Before a staff 

6 member of a juvenile facility places a juve7 nile in room confinement, or immediately 

8 after doing so, the staff member shall ex9 plain to the juvenile— 

10 ‘‘(I) the reasons for the room 

11 confinement; and 

12 ‘‘(II) the fact that the juvenile 

13 will be released from room confine14 ment— 

15 ‘‘(aa) immediately upon re16 gaining self-control, as described 

17 in clause (i)(I) or (ii)(I) of sub18 paragraph (B), as applicable; and 

19 ‘‘(bb) not later than after 

20 the expiration of the time period 

21 described in clause (i)(II) or 

22 (ii)(II) of subparagraph (B), as 

23 applicable. 

24 ‘‘(B) MAXIMUM PERIOD OF CONFINE25 MENT.— 


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1 ‘‘(i) RISK OF HARM TO OTHERS OR TO

2 SELF AND OTHERS.—If a juvenile is placed 

3 in room confinement because the juvenile 

4 poses a serious and immediate risk of 

5 physical harm to others or to the juvenile 

6 and others, the juvenile shall be released— 

7 ‘‘(I) immediately when the juve8 nile has sufficiently gained control so 

9 as to no longer engage in behavior 

10 that threatens serious and immediate 

11 risk of physical harm to others or to 

12 the juvenile or others; and 

13 ‘‘(II) not later than 3 hours after 

14 being placed in room confinement. 

15 ‘‘(ii) RISK OF HARM TO SELF ONLY.— 

16 If a juvenile is placed in room confinement 

17 because the juvenile poses a serious and 

18 immediate risk of physical harm to himself 

19 or herself, the juvenile shall be released— 

20 ‘‘(I) immediately when the juve21 nile has sufficiently gained control so 

22 as to no longer engage in behavior 

23 that threatens serious and immediate 

24 risk of physical harm to himself or 

25 herself; and 


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1 ‘‘(II) not later than 30 minutes 

2 after being placed in room confine3 ment. 

4 ‘‘(C) RISK OF HARM AFTER MAXIMUM PE5 RIOD OF CONFINEMENT.—If, after the applica6 ble maximum period of confinement under 

7 clause (i)(II) or (ii)(II) of subparagraph (B) 

8 has expired, a juvenile continues to pose a seri9 ous and immediate risk of physical harm de10 scribed in clause (i) or (ii) of that subpara11 graph, as applicable— 

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), and a qualified medical or men21 tal health professional believes the level of 

22 crisis service needed is not available in the 

23 current environment, a staff member of the 

24 juvenile detention facility shall initiate a 


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1 referral to a location that can meet the 

2 needs of the juvenile. 

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

4 consecutive periods of room confinement to 

5 evade the spirit and purpose of this subsection 

6 shall be prohibited. 

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

8 confinement for a juvenile shall— 

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

10 of floor space; 

11 ‘‘(ii) have adequate lighting, heating 

12 or cooling (as applicable), and ventilation 

13 for the comfort of the juvenile; 

14 ‘‘(iii) be suicide-resistant and protru15 sion-free; and 

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

17 toilet facilities, and hygiene supplies. 

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

19 placed in room confinement shall— 

20 ‘‘(i) have access to appropriate med21 ical and psychological services; and 

22 ‘‘(ii) receive crisis intervention and 

23 one-on-one observation. 

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

25 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)(i) has successfully completed a cer20 tified substance abuse treatment program; and 

21 ‘‘(ii) has not committed a subsequent of22 fense described in paragraph (1); 

23 ‘‘(B) is participating in a certified sub24 stance abuse treatment program; 


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

2 participate in a certified substance abuse treat3 ment program; and 

4 ‘‘(ii) agrees to immediately enroll and par5 ticipate in a certified substance abuse treatment 

6 program once a slot becomes available for the 

7 individual; 

8 ‘‘(D) is a custodial parent; 

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

10 other than a substance abuse disorder; and 

11 ‘‘(ii) provides documentation of the illness 

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

13 from a medical provider; 

14 ‘‘(F) is pregnant; or 

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

16 sentence imposed on the individual for the con17 viction.’’; 

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

19 the enactment of this Act’’ each place that term ap20 pears and inserting ‘‘the date of enactment of the 

21 Record Expungement Designed to Enhance Employ22 ment Act of 2015’’; 

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

24 following: 

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


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1 ‘‘(1) the term ‘certified substance abuse treat2 ment program’ means a course of substance abuse 

3 disorder treatment prescribed by a qualified behav4 ioral health provider; 

5 ‘‘(2) the term ‘custodial parent’ means an indi6 vidual who has custody of, and lives in the same 

7 household as— 

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

9 years of age; or 

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

11 is not less than 18 years of age; 

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

13 term— 

14 ‘‘(A) in section 419(5) of the Social Secu15 rity Act, when referring to assistance provided 

16 under a State program funded under part A of 

17 title IV of the Social Security Act; and 

18 ‘‘(B) in section 3 of the Food and Nutri19 tion Act of 2008 (7 U.S.C. 2012), when refer20 ring to the supplemental nutrition assistance 

21 program (as defined in that section) or any 

22 State program carried out under that Act; and 

23 ‘‘(4) the term ‘successfully completed’, with re24 spect to an individual who participates in a certified 

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1 vidual has completed the prescribed course of treat2 ment for a substance abuse disorder.’’; and 

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

4 and inserting the following: 

5 ‘‘(5) Employment services, including job train6 ing programs and any other employment services 

7 that are funded using assistance or benefits referred 

8 to in subsection (a).’’. 

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

10 LIMIT PERIOD OF PROHIBITION.— 

11 (1) DEFINITIONS.—In this subsection— 

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

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

14 Responsibility and Work Opportunity Reconcili15 ation Act of 1996 (21 U.S.C. 862a(e)); and 

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

17 benefits’’ means assistance or benefits referred 

18 to in section 115(a) of the Personal Responsi19 bility and Work Opportunity Reconciliation Act 

20 of 1996. 

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

22 the authority under subparagraph (A) or (B) of sub23 section (d)(1) of section 115 of the Personal Respon24 sibility and Work Opportunity Reconciliation Act of 

25 1996 (21 U.S.C. 862a) (as in effect on the day beVerDate Sep 11 2014 21:07 Mar 12, 2015 Jkt 049200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S675.IS S675

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1 fore the date of enactment of this Act), and any 

2 State law or regulation enacted to carry out the re3 quirements of such section (as in effect on the day 

4 before the date of enactment of this Act), that im5 poses conditions on eligibility for TANF assistance 

6 or SNAP benefits that are more restrictive than the 

7 conditions on eligibility for TANF assistance or 

8 SNAP benefits under such section as amended by 

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

10 SEC. 6. STATE INCENTIVES. 

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

12 the Omnibus Crime Control and Safe Streets Act of 1968 

13 (42 U.S.C. 3796dd(c)) is amended— 

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

15 ‘‘(1) IN GENERAL.—In’’; 

16 (2) by striking ‘‘where feasible’’ and all that fol17 lows, and inserting the following: ‘‘where feasible, to 

18 an application— 

19 ‘‘(A) for hiring and rehiring additional ca20 reer law enforcement officers that involves a 

21 non-Federal contribution exceeding the 25 per22 cent minimum under subsection (g); or 

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

24 in effect— 


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1 ‘‘(i) a law relating to the confiden2 tiality, sealing, and expungement of juve3 nile records that is substantially similar to, 

4 or more generous to the former offender 

5 than, the amendments made by subsections 

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

7 Expungement Designed to Enhance Em8 ployment Act of 2015; 

9 ‘‘(ii) a law prohibiting juvenile solitary 

10 confinement that is substantially similar 

11 to, or more restrictive than, the amend12 ment made by subsection (e) of section 3 

13 of the Record Expungement Designed to 

14 Enhance Employment Act of 2015; 

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

16 adult records that is substantially similar 

17 to, or more generous to the former of18 fender than, the amendments made by sec19 tion 2 of the Record Expungement De20 signed to Enhance Employment Act of 

21 2015; 

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

23 that establishes that an adult criminal 

24 court may not have original jurisdiction 

25 over an individual who was less than 18 


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1 years of age when the individual committed 

2 an offense; 

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

4 who has successfully sealed or expunged a 

5 criminal record to be free from civil and 

6 criminal perjury laws; or 

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

8 individuals for assistance or benefits re9 ferred to in subsection (a) of section 115 

10 of the Personal Responsibility and Work 

11 Opportunity Reconciliation Act of 1996 

12 (21 U.S.C. 862a(a)) that is no more re13 strictive than such section, as amended by 

14 section 5 of the Record Expungement De15 signed to Enhance Employment Act of 

16 2015.’’; and 

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

18 ‘‘(2) JUVENILE TRANSFER PROVISIONS.—Para19 graph (1)(B)(iv) shall not be construed to preclude 

20 from preferential consideration an application from 

21 an applicant in a State that— 

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

23 transfer of an individual who is less than 18 

24 years of age to adult criminal court if the indi25 vidual commits a specified offense or an offense 


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1 that falls under a specified category of offenses; 

2 or 

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

4 mechanisms. 

5 ‘‘(3) DEGREE OF PRIORITY COMMENSURATE

6 WITH DEGREE OF COMPLIANCE.—If the Attorney 

7 General, in awarding grants under this part, gives 

8 preferential consideration to any application as au9 thorized under paragraph (1)(B), the Attorney Gen10 eral shall base the degree of preferential consider11 ation given to an application from an applicant in a 

12 particular State on the number of clauses under 

13 paragraph (1)(B) that the State has satisfied, rel14 ative to the number of such clauses that each other 

15 State has satisfied.’’. 

16 (b) ATTORNEY GENERAL GUIDELINES AND TECH17 NICAL ASSISTANCE.—The Attorney General shall issue 

18 guidelines and provide technical assistance to assist States 

19 in complying with the incentive under section 

20 1701(c)(1)(B) of the Omnibus Crime Control and Safe 

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

22 added by subsection (a). 


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1 SEC. 7. ENSURING ACCURACY IN THE FBI BACKGROUND 

2 CHECK SYSTEM. 

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

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

6 ‘‘(g) ENSURING ACCURACY IN THE FBI BACK7 GROUND CHECK SYSTEM.— 

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

9 ‘‘(A) the term ‘applicant’ means the indi10 vidual to whom a record sought to be exchanged 

11 pertains; 

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

13 a record, means the record— 

14 ‘‘(i) indicates that an individual was 

15 arrested but does not describe the offense 

16 for which the individual was arrested; or 

17 ‘‘(ii) indicates that an individual was 

18 arrested or criminal proceedings were insti19 tuted against an individual but does not 

20 include the final disposition of the arrest 

21 or of the proceedings if a final disposition 

22 has been reached; 

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

24 other information collected under this section; 

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

26 means any person or entity that provides a 


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1 record to the Attorney General under this sec2 tion; and 

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

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

5 seeks the exchange of a record for civil 

6 purposes that include employment, hous7 ing, credit, or any other type of applica8 tion; and 

9 ‘‘(ii) does not include a law enforce10 ment or intelligence agency that seeks the 

11 exchange of a record for— 

12 ‘‘(I) investigative purposes; or 

13 ‘‘(II) purposes relating to law en14 forcement employment. 

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

16 The Attorney General shall establish and enforce 

17 procedures to ensure the prompt release of accurate 

18 records exchanged for employment-related purposes 

19 through the records system created under this sec20 tion. 

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

22 established under paragraph (2) shall include the 

23 following: 

24 ‘‘(A) INACCURATE RECORD OR INFORMA25 TION.—If the Attorney General determines that 


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1 a record is inaccurate, the Attorney General 

2 shall promptly correct the record, including by 

3 making deletions to the record if appropriate. 

4 ‘‘(B) INCOMPLETE RECORD.— 

5 ‘‘(i) IN GENERAL.—If the Attorney 

6 General determines that a record is incom7 plete or cannot be verified, the Attorney 

8 General— 

9 ‘‘(I) shall attempt to complete or 

10 verify the record; and 

11 ‘‘(II) if unable to complete or 

12 verify the record, may promptly make 

13 any changes or deletions to the 

14 record. 

15 ‘‘(ii) LACK OF DISPOSITION OF AR16 REST.—For purposes of this subpara17 graph, an incomplete record includes a 

18 record that indicates there was an arrest 

19 and does not include the disposition of the 

20 arrest. 

21 ‘‘(iii) OBTAINING DISPOSITION OF AR22 REST.—If the Attorney General determines 

23 that a record is an incomplete record de24 scribed in clause (ii), the Attorney General 

25 shall, not later than 10 days after the date 


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1 on which the requesting entity requests the 

2 exchange and before the exchange is made, 

3 obtain the disposition (if any) of the ar4 rest. 

5 ‘‘(C) NOTIFICATION OF REPORTING JURIS6 DICTION.—The Attorney General shall notify 

7 each appropriate reporting jurisdiction of any 

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

9 ‘‘(D) OPPORTUNITY TO REVIEW RECORDS

10 BY APPLICANT.—In connection with an ex11 change of a record under this section, the At12 torney General shall— 

13 ‘‘(i) obtain the consent of the appli14 cant to exchange the record with the re15 questing entity; 

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

17 applicant that the applicant can obtain a 

18 copy of the record; 

19 ‘‘(iii) provide to the applicant an op20 portunity to— 

21 ‘‘(I) obtain a copy of the record 

22 upon request; and 

23 ‘‘(II) challenge the accuracy and 

24 completeness of the record; 


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1 ‘‘(iv) promptly notify the requesting 

2 entity of any such challenge; 

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

4 date on which the challenge is made, com5 plete an investigation of the challenge; 

6 ‘‘(vi) provide to the applicant the spe7 cific findings and results of that investiga8 tion; 

9 ‘‘(vii) promptly make any changes or 

10 deletions to the records required as a re11 sult of the challenge; and 

12 ‘‘(viii) report those changes to the re13 questing entity. 

14 ‘‘(E) CERTAIN EXCHANGES PROHIBITED.— 

15 An exchange shall not include any record— 

16 ‘‘(i) about an arrest more than 2 

17 years old as of the date of the request for 

18 the exchange, that does not also include a 

19 disposition (if any) of that arrest; 

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

21 non-serious offense of the sort described in 

22 section 20.32(b) of title 28, Code of Fed23 eral Regulations, as in effect on July 1, 

24 2009; or 


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

2 clearly an arrest or a disposition of an ar3 rest. 

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

5 a reasonable fee for an exchange of records for em6 ployment-related purposes through the records sys7 tem created under this section to defray the costs 

8 associated with exchanges for those purposes, includ9 ing any costs associated with the investigation of in10 accurate or incomplete records.’’. 

11 (b) REGULATIONS ON REASONABLE PROCEDURES.— 

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

13 Act, the Attorney General shall issue regulations to carry 

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

15 added by subsection (a). 

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

17 of enactment of this Act, the Attorney General shall sub18 mit to Congress a report on the implementation of sub19 section (g) of section 534 of title 28, United States Code, 

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

21 (1) the number of exchanges of records for em22 ployment-related purposes made with entities in each 

23 State through the records system created under such 

24 section 534; 


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1 (2) any prolonged failure of a reporting juris2 diction to comply with a request by the Attorney 

3 General for information about dispositions of ar4 rests; and 

5 (3) the numbers of successful and unsuccessful 

6 challenges to the accuracy and completeness of 

7 records, organized by State of origination of each 

8 record. 

9 SEC. 8. REPORT ON STATUTORY AND REGULATORY RE10 STRICTIONS AND DISQUALIFICATIONS BASED 

11 ON CRIMINAL RECORDS. 

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

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

14 consultation with the Secretary of Labor and the Director 

15 of the Office of Personnel Management, shall submit to 

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

17 policy that authorizes a restriction on, or disqualification 

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

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

20 (b) IDENTIFICATION OF INFORMATION.—In the re21 port submitted under subsection (a), the Attorney General 

22 shall— 

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

24 or permit to which a restriction or disqualification 

25 described in subsection (a) applies; and 


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

2 permit identified under paragraph (1), include— 

3 (A) a description of the restriction or dis4 qualification; 

5 (B) the duration of the restriction or dis6 qualification; 

7 (C) an evaluation of the rationale for the 

8 restriction or disqualification and its continuing 

9 usefulness; 

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

11 or exempt the restriction or disqualification 

12 based on a showing of rehabilitation or other 

13 relevant evidence; 

14 (E) any information available about the 

15 numbers of individuals restricted or disqualified 

16 on the basis of a criminal record; and 

17 (F) the identity of the Federal agency with 

18 jurisdiction over the restriction or disqualifica19 tion. 

Æ 


asabaliauskas on DSK5VPTVN1PROD with BILLS