I 
113TH CONGRESS 
2D SESSION 
H. R. 5158 
To provide for the sealing or expungement of records relating to Federal 
nonviolent criminal offenses, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 18, 2014 
Mr. FATTAH (for himself and Mr. WOLF) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
Committees on Agriculture and Ways and Means, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To provide for the sealing or expungement of records relating 
to Federal nonviolent criminal offenses, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Record Expungement Designed to Enhance Employment 
Act of 2014’’ or the ‘‘REDEEM Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Sealing of criminal records. 
Sec. 3. Juvenile sealing and expungement. 
Sec. 4. Study and report on cost savings from sealing and expungement provi-
sions. 
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. 
SEC. 2. SEALING OF CRIMINAL RECORDS. 
(a) IN GENERAL.—Chapter 229 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘Subchapter D—Sealing of Criminal Records 
‘‘Sec. 
‘‘3631. Definitions; eligible individuals. 
‘‘3632. Sealing petition. 
‘‘3633. Effect of sealing order. 
‘‘§ 3631. Definitions; eligible individuals 
‘‘(a) DEFINITIONS.—In this subchapter— 
‘‘(1) the term ‘covered nonviolent offense’ 
means a Federal criminal offense that is not— 
‘‘(A) a crime of violence (as that term is 
defined in section 16); or 
‘‘(B) a sex offense (as that term is defined 
in section 111 of the Sex Offender Registration 
and Notification Act (42 U.S.C. 16911)); 
‘‘(2) the term ‘eligible individual’ means an in-
dividual who— 
‘‘(A) has been arrested for or convicted of 
a covered nonviolent offense; 
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‘‘(B) in the case of a conviction described 
in subparagraph (A), has fulfilled each require-
ment of the sentence for the covered nonviolent 
offense, including— 
‘‘(i) completing each term of imprison-
ment, probation, or supervised release; and 
‘‘(ii) satisfying each condition of im-
prisonment, probation, or supervised re-
lease; 
‘‘(C) subject to subsection (b), has not 
been convicted of more than 2 felonies that are 
covered nonviolent offenses, including any such 
convictions that have been sealed; and 
‘‘(D) has not been convicted of any felony 
that is not a covered nonviolent offense; 
‘‘(3) the term ‘petitioner’ means an individual 
who files a sealing petition; 
‘‘(4) the term ‘protected information’, with re-
spect to a covered nonviolent offense, means any ref-
erence to— 
‘‘(A) an arrest, conviction, or sentence of 
an individual for the offense; 
‘‘(B) the institution of criminal pro-
ceedings against an individual for the offense; 
or 
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‘‘(C) the result of criminal proceedings de-
scribed in subparagraph (B); 
‘‘(5) the term ‘seal’— 
‘‘(A) means— 
‘‘(i) to close a record from public 
viewing so that the record cannot be exam-
ined except by court order; and 
‘‘(ii) to physically seal the record shut 
and label the record ‘SEALED’ or, in the 
case of an electronic record, the sub-
stantive equivalent; and 
‘‘(B) has the effect described in section 
3633, including— 
‘‘(i) the right to treat the offense to 
which a sealed record relates, and any ar-
rest, criminal proceeding, conviction, or 
sentence relating to the offense, as if it 
never occurred; and 
‘‘(ii) protection from civil and criminal 
perjury, false swearing, and false state-
ment laws with respect to a sealed record; 
‘‘(6) the term ‘sealing hearing’ means a hearing 
held under section 3632(b)(2); and 
‘‘(7) the term ‘sealing petition’ means a petition 
for a sealing order filed under section 3632(a). 
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‘‘(b) ELIGIBLE INDIVIDUALS.— 
‘‘(1) MULTIPLE CONVICTIONS DEEMED TO BE 
ONE
CONVICTION.—For purposes of subsection 
(a)(2)(C)— 
‘‘(A) multiple convictions shall be deemed 
to be 1 conviction if the convictions result from 
or relate to— 
‘‘(i) the same act; or 
‘‘(ii) acts committed at the same time; 
and 
‘‘(B) subject to paragraph (2), multiple 
convictions, not to exceed 3, that do not result 
from or relate to the same act or acts com-
mitted at the same time shall be deemed to be 
1 conviction if the convictions— 
‘‘(i) result from or relate to— 
‘‘(I) the same— 
‘‘(aa) indictment, informa-
tion, or complaint; 
‘‘(bb) plea of guilty; or 
‘‘(cc) official proceeding; or 
‘‘(II) related criminal acts that 
were committed within a 3-month pe-
riod; or 
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‘‘(ii) are determined to be directly re-
lated to addiction or a substance use dis-
order. 
‘‘(2) DISCRETION OF COURT.— 
‘‘(A) IN GENERAL.—A court reviewing a 
sealing petition may determine that it is not in 
the public interest to deem multiple convictions 
described in paragraph (1)(B) to be 1 convic-
tion. 
‘‘(B) REASONING.—If a court makes a de-
termination under subparagraph (A), the court 
shall make available to the public the reasoning 
for the determination. 
‘‘(C) REPORTING.—Not later than 2 years 
after the date of enactment of this subchapter, 
and each year thereafter, each district court of 
the United States shall submit to the Attorney 
General a report that describes the exercise of 
discretion by the court under subparagraph 
(B). 
‘‘§ 3632. Sealing petition 
‘‘(a) RIGHT TO FILE SEALING PETITION.— 
‘‘(1) IN GENERAL.—On and after the date de-
scribed in paragraph (2), an eligible individual may 
file a petition for a sealing order with respect to a 
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covered nonviolent offense in a district court of the 
United States. 
‘‘(2) DATES.—The date described in this para-
graph is— 
‘‘(A) for an eligible individual who is con-
victed of a covered nonviolent offense and sen-
tenced to a term of imprisonment, probation, or 
supervised release, the date that is 1 year after 
the date on which the eligible individual has 
completed every such term of imprisonment, 
probation, or supervised release; and 
‘‘(B) for an eligible individual not de-
scribed in subparagraph (A), the date on which 
the case relating to the covered nonviolent of-
fense is disposed of. 
‘‘(3) NOTICE OF OPPORTUNITY TO FILE PETI-
TION.— 
‘‘(A) CONVICTED INDIVIDUALS.— 
‘‘(i) IN GENERAL.—If an individual is 
convicted of a covered nonviolent offense 
and will potentially be eligible to file a 
sealing petition with respect to the offense 
upon fulfilling each requirement of the sen-
tence for the offense as described in sec-
tion 3631(a)(2)(B), the court in which the 
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individual is convicted shall inform the in-
dividual, on each date described in clause 
(ii), of— 
‘‘(I) that potential eligibility; 
‘‘(II) the necessary procedures 
for filing the sealing petition; and 
‘‘(III) the benefits of sealing a 
record, including protection from civil 
and criminal perjury, false swearing, 
and false statement laws with respect 
to the record. 
‘‘(ii) DATES.—The dates described in 
this clause are— 
‘‘(I) the date on which the indi-
vidual is convicted; and 
‘‘(II) the date on which the indi-
vidual has completed every term of 
imprisonment, probation, or super-
vised release relating to the offense. 
‘‘(B) INDIVIDUALS NOT CONVICTED.— 
‘‘(i) ARREST ONLY.—If an individual 
is arrested for a covered nonviolent of-
fense, criminal proceedings are not insti-
tuted against the individual for the offense, 
and the individual is potentially eligible to 
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file a sealing petition with respect to the 
offense, on the date on which the case re-
lating to the offense is disposed of, the ar-
resting authority shall inform the indi-
vidual of— 
‘‘(I) that potential eligibility; 
‘‘(II) the necessary procedures 
for filing the sealing petition; and 
‘‘(III) the benefits of sealing a 
record, including protection from civil 
and criminal perjury, false swearing, 
and false statement laws with respect 
to the record. 
‘‘(ii) COURT PROCEEDINGS.—If an in-
dividual is arrested for a covered non-
violent offense, criminal proceedings are in-
stituted against the individual for the of-
fense, the individual is not convicted of the 
offense, and the individual is potentially el-
igible to file a sealing petition with respect 
to the offense, on the date on which the 
case relating to the offense is disposed of, 
the court in which the criminal proceedings 
take place shall inform the individual of— 
‘‘(I) that potential eligibility; 
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‘‘(II) the necessary procedures 
for filing the sealing petition; and 
‘‘(III) the benefits of sealing a 
record, including protection from civil 
and criminal perjury, false swearing, 
and false statement laws with respect 
to the record. 
‘‘(b) PROCEDURES.— 
‘‘(1) NOTIFICATION OF PROSECUTOR AND VIC-
TIMS.—If an individual files a petition under sub-
section (a) with respect to a covered nonviolent of-
fense or arrest for a covered nonviolent offense, the 
district court in which the petition is filed shall pro-
vide notice of the petition— 
‘‘(A) to the office of the United States at-
torney that prosecuted or would have pros-
ecuted the petitioner for the offense; 
‘‘(B) to the extent reasonable and prac-
ticable, to each victim of the offense; and 
‘‘(C) upon the request of the petitioner, to 
any other individual that the petitioner deter-
mines may testify as to the— 
‘‘(i) conduct of the petitioner since the 
date of the offense or arrest; or 
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‘‘(ii) reasons that the sealing order 
should be entered. 
‘‘(2) HEARING.— 
‘‘(A) IN
GENERAL.—Not later than 6 
months after the date on which an individual 
files a sealing petition, the district court shall 
conduct a hearing to determine whether to 
enter a sealing order for the individual. 
‘‘(B) OPPORTUNITY
TO
TESTIFY
AND 
OFFER EVIDENCE.— 
‘‘(i) 
PETITIONER.—The 
petitioner 
may testify or offer evidence at the sealing 
hearing in support of sealing. 
‘‘(ii) PROSECUTOR.—The office of a 
United States attorney that receives notice 
under paragraph (1)(A) may send a rep-
resentative to testify or offer evidence at 
the sealing hearing in support of or 
against sealing. 
‘‘(iii) VICTIMS.— 
‘‘(I) IN GENERAL.—A victim who 
receives 
notice 
under 
paragraph 
(1)(B) may testify or offer evidence at 
the sealing hearing in support of or 
against sealing. 
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‘‘(II) LOCATING
VICTIMS.—The 
inability of a court to locate a victim 
shall not— 
‘‘(aa) delay a proceeding 
under this section; 
‘‘(bb) preclude the holding 
of a sealing hearing; or 
‘‘(cc) impact the issuance of 
a sealing order. 
‘‘(iv) OTHER INDIVIDUALS.—An indi-
vidual who receives notice under paragraph 
(1)(C) may testify or offer evidence at the 
sealing hearing as to the issues described 
in clauses (i) and (ii) of that paragraph. 
‘‘(C) MAGISTRATE JUDGES.—A magistrate 
judge may preside over a hearing under this 
paragraph. 
‘‘(3) BASIS FOR DECISION.— 
‘‘(A) IN GENERAL.—In determining wheth-
er to enter an sealing order with respect to pro-
tected information relating to a covered non-
violent offense, the court— 
‘‘(i) shall consider all the evidence and 
testimony presented at the sealing hearing; 
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‘‘(B) BURDEN
ON
GOVERNMENT.—The 
burden shall be on the Government to show 
that the interests under subclause (I) of sub-
paragraph (A)(iii) outweigh the interests of the 
petitioner under subclause (II) of that subpara-
graph. 
‘‘(4) WAITING PERIOD AFTER DENIAL.—If the 
district court denies a sealing petition, the petitioner 
may not file a new sealing petition with respect to 
the same offense until the date that is 2 years after 
the date of the denial. 
‘‘(5) UNIVERSAL FORM.—The Attorney General 
shall create a universal form, available over the 
Internet and in paper form, that an individual may 
use to file a sealing petition. 
‘‘(6) FEE WAIVER.—The Attorney General shall 
by regulation establish a process under which indi-
gent petitioners may obtain a waiver of any fee for 
filing a sealing petition. 
‘‘(7) REPORTING.—Not later than 2 years after 
the date of enactment of this subchapter, and each 
year thereafter, each district court of the United 
States shall issue a public report that— 
‘‘(A) describes— 
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‘‘(i) the number of sealing petitions 
granted and denied under this section; and 
‘‘(ii) the number of instances in which 
the office of a United States attorney sup-
ported or opposed a sealing petition; and 
‘‘(B) includes any supporting data that the 
court determines relevant and that does not 
name any petitioner. 
‘‘(8) PUBLIC DEFENDER ELIGIBILITY.— 
‘‘(A) IN
GENERAL.—The district court 
may, in its discretion, appoint counsel in ac-
cordance with the plan of the district court in 
operation under section 3006A to represent a 
petitioner for purposes of this section. 
‘‘(B) CONSIDERATIONS.—In making a de-
termination whether to appoint counsel under 
subparagraph (A), the court shall consider— 
‘‘(i) the anticipated complexity of the 
sealing hearing, including the number and 
type of witnesses called to advocate against 
the sealing of the protected information of 
the petitioner; and 
‘‘(ii) the potential for adverse testi-
mony by a victim or a representative of the 
office of the United States attorney. 
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‘‘§ 3633. Effect of sealing order 
‘‘(a) IN GENERAL.—Except as provided in this sec-
tion, if a district court of the United States enters a seal-
ing order with respect to a covered nonviolent offense, the 
offense and any arrest, criminal proceeding, conviction, or 
sentence relating to the offense shall be treated as if it 
never occurred. 
‘‘(b) VERIFICATION OF SEALING.—If a district court 
of the United States enters a sealing order with respect 
to a covered nonviolent offense, the court shall— 
‘‘(1) send a copy of the sealing order to each 
entity or person that possesses a record containing 
protected information that relates to the offense, in-
cluding each law enforcement agency, each public or 
private correctional, detention, or treatment facility, 
each other public or private agency, and each person 
who provided treatment or rehabilitation services for 
the petitioner under an order of the court; 
‘‘(2) in the sealing order, require each entity or 
person described in paragraph (1) to— 
‘‘(A) seal the record in accordance with 
this section; and 
‘‘(B) submit a written certification to the 
court, under penalty of perjury, that the entity 
or person has sealed each paper and electronic 
copy of the record; 
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‘‘(3) seal each paper and electronic copy of the 
record in the possession of the court; and 
‘‘(4) after receiving a written certification from 
each entity or person under paragraph (2)(B), notify 
the petitioner that each entity or person described in 
paragraph (1) has sealed each paper and electronic 
copy of the record. 
‘‘(c) PROTECTION FROM PERJURY LAWS.—Except as 
provided in subsection (f)(3)(A), a petitioner with respect 
to whom a sealing order has been entered for a covered 
nonviolent offense shall not be subject to prosecution 
under any civil or criminal provision of Federal or State 
law relating to perjury, false swearing, or making a false 
statement, including section 1001, 1621, 1622, or 1623, 
for failing to recite or acknowledge any protected informa-
tion with respect to the offense or respond to any inquiry 
made of the petitioner, relating to the protected informa-
tion, for any purpose. 
‘‘(d) ATTORNEY GENERAL NONPUBLIC RECORDS.— 
The Attorney General— 
‘‘(1) shall maintain a nonpublic record of all 
protected information that has been sealed under 
this subchapter; and 
‘‘(2) may access or utilize protected information 
only— 
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‘‘(A) for legitimate investigative purposes; 
‘‘(B) in defense of any civil suit arising out 
of the facts of the arrest or subsequent pro-
ceedings; or 
‘‘(C) if the Attorney General determines 
that disclosure is necessary to serve the inter-
ests of justice, public safety, or national secu-
rity. 
‘‘(e) LAW ENFORCEMENT ACCESS.—A Federal or 
State law enforcement agency may access a record that 
is sealed under this subchapter solely— 
‘‘(1) to determine whether the individual to 
whom the record relates is eligible for a first-time- 
offender diversion program; 
‘‘(2) for investigatory or prosecutorial purposes; 
or 
‘‘(3) for a background check that relates to law 
enforcement employment or any employment that re-
quires a government security clearance. 
‘‘(f) PROHIBITION ON DISCLOSURE.— 
‘‘(1) PROHIBITION.—Except as provided in 
paragraph (3), it shall be unlawful to intentionally 
make or attempt to make an unauthorized disclosure 
of any protected information from a record that has 
been sealed under this subchapter. 
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‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be fined under this title, imprisoned 
for not more than 1 year, or both. 
‘‘(3) EXCEPTIONS.— 
‘‘(A) BACKGROUND
CHECKS.—An indi-
vidual who is the subject of a record sealed 
under this subchapter shall, and a Federal or 
State law enforcement agency that possesses 
such a record may, disclose the record in the 
case of a background check for— 
‘‘(i) law enforcement employment; or 
‘‘(ii) any employment that requires a 
government security clearance. 
‘‘(B) DISCLOSURE TO ARMED FORCES.—A 
person may disclose protected information from 
a record sealed under this subchapter to the 
Secretaries of the military departments (or the 
Secretary of Homeland Security with respect to 
the Coast Guard when it is not operating as a 
service in the Navy) for the purpose of vetting 
an enlistment or commission, or with regard to 
any member of the Armed Forces. 
‘‘(C) AUTHORIZATION FOR INDIVIDUAL TO 
DISCLOSE OWN RECORD.—An individual who is 
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the subject of a record sealed under this sub-
chapter may choose to disclose the record.’’. 
(b) APPLICABILITY.—The right to file a sealing peti-
tion under section 3632(a) of title 18, United States Code, 
as added by subsection (a), shall apply with respect to a 
covered nonviolent offense (as defined in section 3631(a) 
of such title) that is committed before, on, or after the 
date of enactment of this Act. 
(c) TRANSITION PERIOD
FOR HEARINGS DEAD-
LINE.—During the 1-year period beginning on the date 
of enactment of this Act, section 3632(b)(2)(A) of title 
18, United States Code, as added by subsection (a), shall 
be applied by substituting ‘‘1 year’’ for ‘‘6 months’’. 
(d) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of subchapters for chapter 229 of title 18, 
United States Code, is amended by adding at the end the 
following: 
‘‘D. Sealing of Criminal Records ................................................. 3631’’. 
SEC. 3. JUVENILE SEALING AND EXPUNGEMENT. 
(a) PURPOSE.—The purpose of this section is to— 
(1) protect children and adults against damage 
stemming from their juvenile acts and subsequent 
juvenile delinquency records, including law enforce-
ment, arrest, and court records; and 
(2) prevent the unauthorized use or disclosure 
of confidential juvenile delinquency records and any 
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potential employment, financial, psychological, or 
other harm that would result from such unauthor-
ized use or disclosure. 
(b) DEFINITIONS.—Section 5031 of title 18, United 
States Code, is amended to read as follows: 
‘‘§ 5031. Definitions 
‘‘In this chapter— 
‘‘(1) the term ‘adjudication’ means a deter-
mination by a judge that a person committed an act 
of juvenile delinquency; 
‘‘(2) the term ‘conviction’ means a judgment or 
disposition in criminal court against a person fol-
lowing a finding of guilt by a judge or jury; 
‘‘(3) the term ‘destroy’ means to render a file 
unreadable, whether paper, electronic, or otherwise 
stored, by shredding, pulverizing, pulping, incin-
erating, overwriting, reformatting the media, or 
other means; 
‘‘(4) the term ‘expunge’— 
‘‘(A) means to destroy a record and oblit-
erate the name of the person to whom the 
record pertains from each official index or pub-
lic record; and 
‘‘(B) has the effect described in section 
5044(c), including— 
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‘‘(i) the right to treat an offense to 
which an expunged record relates, and any 
arrest, juvenile delinquency proceeding, ad-
judication, or other result of such pro-
ceeding relating to the offense, as if it 
never occurred; and 
‘‘(ii) protection from civil and criminal 
perjury, false swearing, and false state-
ment laws with respect to an expunged 
record; 
‘‘(5) the term ‘expungement hearing’ means a 
hearing held under section 5044(b)(2)(B); 
‘‘(6) the term ‘expungement petition’ means a 
petition 
for 
expungement 
filed 
under 
section 
5044(b); 
‘‘(7) the term ‘juvenile’ means— 
‘‘(A) except as provided in subparagraph 
(B), a person who has not attained the age of 
18; and 
‘‘(B) for the purpose of proceedings and 
disposition under this chapter for an alleged act 
of juvenile delinquency, a person who has not 
attained the age of 21; 
‘‘(8) the term ‘juvenile delinquency’ means the 
violation of a law of the United States committed by 
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a person before attaining the age of 18 which would 
have been a crime if committed by an adult, or a 
violation by such a person of section 922(x); 
‘‘(9) the term ‘juvenile nonviolent offense’ 
means an act of juvenile delinquency that is not— 
‘‘(A) a violent crime (as defined in section 
103 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5603)); or 
‘‘(B) a sex offense (as that term is defined 
in section 111 of the Sex Offender Registration 
and Notification Act (42 U.S.C. 16911)); 
‘‘(10) the term ‘juvenile record’— 
‘‘(A) means a record maintained by a 
court, the probation system, a law enforcement 
agency, or any other government agency, of the 
juvenile delinquency proceedings of a person; 
and 
‘‘(B) includes— 
‘‘(i) a juvenile legal file, including a 
formal document such as a petition, notice, 
motion, legal memorandum, order, or de-
cree; 
‘‘(ii) a social record, including— 
‘‘(I) a record of a probation offi-
cer; 
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‘‘(II) a record of any government 
agency that keeps records relating to 
juvenile delinquency; 
‘‘(III) a medical record; 
‘‘(IV) a psychiatric or psycho-
logical record; 
‘‘(V) a birth certificate; 
‘‘(VI) an education record, in-
cluding an individualized education 
plan; 
‘‘(VII) a detention record; 
‘‘(VIII) demographic information 
that identifies a juvenile or the family 
of a juvenile; or 
‘‘(IX) any other record that in-
cludes personally identifiable informa-
tion that may be associated with a ju-
venile delinquency proceeding, an act 
of juvenile delinquency, or an alleged 
act of juvenile delinquency; 
‘‘(iii) a law enforcement record, in-
cluding— 
‘‘(I) fingerprints; 
‘‘(II) a DNA sample; or 
‘‘(III) a photograph; and 
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‘‘(iv) a State criminal justice informa-
tion system record; 
‘‘(11) the term ‘petitioner’ means a person who 
files an expungement petition or a sealing petition; 
‘‘(12) the term ‘seal’— 
‘‘(A) means— 
‘‘(i) to close a record from public 
viewing so that the record cannot be exam-
ined except by court order; and 
‘‘(ii) to physically seal the record shut 
and label the record ‘SEALED’ or, in the 
case of an electronic record, the sub-
stantive equivalent; and 
‘‘(B) has the effect described in section 
5043(c), including— 
‘‘(i) the right to treat an offense to 
which a sealed record relates, and any ar-
rest, juvenile delinquency proceeding, adju-
dication, or other result of such proceeding 
relating to the offense, as if it never oc-
curred; and 
‘‘(ii) protection from civil and criminal 
perjury, false swearing, and false state-
ment laws with respect to a sealed record; 
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‘‘(13) the term ‘sealing hearing’ means a hear-
ing held under section 3632(b)(2)(A); and 
‘‘(14) the term ‘sealing petition’ means a peti-
tion for a sealing order filed under section 
5043(b).’’. 
(c) CONFIDENTIALITY.—Section 5038 of title 18, 
United States Code, is amended— 
(1) in subsection (a), in the flush text following 
paragraph (6), by inserting after ‘‘bonding,’’ the fol-
lowing: ‘‘participation in an educational system,’’; 
and 
(2) in subsection (b), by striking ‘‘District 
courts exercising jurisdiction over any juvenile’’ and 
inserting the following: ‘‘Not later than 7 days after 
the date on which a district court exercises jurisdic-
tion over a juvenile, the district court’’. 
(d) SEALING; EXPUNGEMENT.— 
(1) IN
GENERAL.—Chapter 403 of title 18, 
United States Code, is amended by adding at the 
end the following: 
‘‘§ 5043. Sealing 
‘‘(a) AUTOMATIC SEALING
OF NONVIOLENT OF-
FENSES.— 
‘‘(1) IN GENERAL.—Three years after the date 
on which a person who is adjudicated delinquent 
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under this chapter for a juvenile nonviolent offense 
completes every term of probation, official detention, 
or juvenile delinquent supervision ordered by the 
court with respect to the offense, the court shall 
order the sealing of each juvenile record or portion 
thereof that relates to the offense if the person— 
‘‘(A) has not been convicted of a crime or 
adjudicated delinquent for an act of juvenile de-
linquency since the date of the disposition; and 
‘‘(B) is not engaged in active criminal 
court proceedings or juvenile delinquency pro-
ceedings. 
‘‘(2) AUTOMATIC
NATURE
OF
SEALING.—The 
order of sealing under paragraph (1) shall require 
no action by the person whose juvenile records are 
to be sealed. 
‘‘(3) NOTICE
OF
AUTOMATIC
SEALING.—A 
court that orders the sealing of a juvenile record of 
a person under paragraph (1) shall inform the per-
son of the sealing and the benefits of sealing the 
record, including protection from civil and criminal 
perjury, false swearing, and false statement laws 
with respect to the record. 
‘‘(b) PETITIONING FOR EARLY SEALING OF NON-
VIOLENT OFFENSES.— 
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‘‘(1) RIGHT TO FILE SEALING PETITION.— 
‘‘(A) IN GENERAL.—During the 3-year pe-
riod beginning on the date on which a person 
who is adjudicated delinquent under this chap-
ter for a juvenile nonviolent offense completes 
every term of probation, official detention, or 
juvenile delinquent supervision ordered by the 
court with respect to the offense, the person 
may petition the court to seal the juvenile 
records that relate to the offense. 
‘‘(B) NOTICE OF OPPORTUNITY TO FILE 
PETITION.—If a person is adjudged delinquent 
for a juvenile nonviolent offense, the court in 
which the person is adjudged delinquent shall 
inform the person of the potential eligibility of 
the person to file a sealing petition with respect 
to the offense upon completing every term of 
probation, official detention, or juvenile delin-
quent supervision ordered by the court with re-
spect to the offense, and the necessary proce-
dures for filing the sealing petition— 
‘‘(i) on the date on which the indi-
vidual is adjudged delinquent; and 
‘‘(ii) on the date on which the indi-
vidual has completed every term of proba-
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tion, official detention, or juvenile delin-
quent supervision ordered by the court 
with respect to the offense. 
‘‘(2) PROCEDURES.— 
‘‘(A) NOTIFICATION OF PROSECUTOR AND 
VICTIMS.—If a person files a sealing petition 
with respect to a juvenile nonviolent offense, the 
court in which the petition is filed shall provide 
notice of the petition— 
‘‘(i) to the Attorney General; 
‘‘(ii) to the extent reasonable and 
practicable, to each victim of the offense; 
and 
‘‘(iii) upon the request of the peti-
tioner, to any other individual that the pe-
titioner determines may testify as to— 
‘‘(I) the conduct of the petitioner 
since the date of the offense; or 
‘‘(II) the reasons that the sealing 
order should be entered. 
‘‘(B) HEARING.— 
‘‘(i) IN GENERAL.—Not later than 6 
months after the date on which a person 
files a sealing petition, the court shall con-
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duct a hearing to determine whether to 
enter a sealing order for the person. 
‘‘(ii) OPPORTUNITY TO TESTIFY AND 
OFFER EVIDENCE.— 
‘‘(I) 
PETITIONER.—The 
peti-
tioner may testify or offer evidence at 
the sealing hearing in support of seal-
ing. 
‘‘(II) PROSECUTOR.—The Attor-
ney General may send a representa-
tive to testify or offer evidence at the 
sealing hearing in support of or 
against sealing. 
‘‘(III) VICTIMS.— 
‘‘(aa) IN GENERAL.—A vic-
tim who receives notice under 
subparagraph (A)(ii) may testify 
or offer evidence at the sealing 
hearing in support of or against 
sealing. 
‘‘(bb) LOCATING VICTIMS.— 
The inability of a court to locate 
a victim shall not delay a pro-
ceeding under this subsection, 
preclude the holding of a sealing 
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hearing, or preclude the issuance 
of a sealing order. 
‘‘(IV) OTHER INDIVIDUALS.—An 
individual who receives notice under 
subparagraph (A)(iii) may testify or 
offer evidence at the sealing hearing 
as to the issues described in sub-
clauses (I) and (II) of that paragraph. 
‘‘(C) BASIS FOR DECISION.—In conducting 
the hearing under subparagraph (B), the court 
shall determine whether to grant the sealing pe-
tition after considering— 
‘‘(i) the evidence and testimony pre-
sented by the Attorney General and any 
victims at the hearing; 
‘‘(ii) the best interests of the peti-
tioner; 
‘‘(iii) the age of the petitioner during 
his or her contact with the court or any 
law enforcement agency; 
‘‘(iv) the nature of the juvenile non-
violent offense; 
‘‘(v) the disposition of the case; 
‘‘(vi) the manner in which the peti-
tioner participated in any court-ordered re-
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habilitative programming or supervised 
services; 
‘‘(vii) the length of the time period 
during which the petitioner has been with-
out contact with any court or law enforce-
ment agency; 
‘‘(viii) whether the petitioner has had 
any criminal or juvenile delinquency in-
volvement since the disposition of the juve-
nile delinquency proceeding; and 
‘‘(ix) the adverse consequences the pe-
titioner may suffer if the petition is not 
granted. 
‘‘(D) WAITING PERIOD AFTER DENIAL.—If 
the court denies a sealing petition, the peti-
tioner may not file a new sealing petition with 
respect to the same juvenile nonviolent offense 
until the date that is 2 years after the date of 
the denial. 
‘‘(E) UNIVERSAL
FORM.—The Attorney 
General shall create a universal form, available 
over the Internet and in paper form, that an in-
dividual may use to file a sealing petition. 
‘‘(F) NO FEE FOR SEALING.—There shall 
be no cost for filing a sealing petition. 
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‘‘(G) REPORTING.—Not later than 2 years 
after the date of enactment of this section, and 
each year thereafter, each district court of the 
United States shall issue a public report that— 
‘‘(i) describes— 
‘‘(I) the number of sealing peti-
tions granted and denied under this 
subsection; and 
‘‘(II) the number of instances in 
which the Attorney General supported 
or opposed a sealing petition; and 
‘‘(ii) includes any supporting data 
that the court determines relevant and that 
does not name any petitioner. 
‘‘(H) PUBLIC DEFENDER ELIGIBILITY.— 
‘‘(i) PETITIONERS UNDER AGE 18.— 
The district court shall appoint counsel in 
accordance with the plan of the district 
court in operation under section 3006A to 
represent a petitioner for purposes of this 
subsection if the petitioner is less than 18 
years of age. 
‘‘(ii) 
PETITIONERS
AGE
AND 
OLDER.— 
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‘‘(I) DISCRETION OF COURT.—In 
the case of a petitioner who not less 
than 18 years of age, the district 
court may, in its discretion, appoint 
counsel in accordance with the plan of 
the district court in operation under 
section 3006A to represent the peti-
tioner for purposes of this subsection. 
‘‘(II) CONSIDERATIONS.—In de-
termining whether to appoint counsel 
under subclause (I), the court shall 
consider— 
‘‘(aa) the anticipated com-
plexity of the sealing hearing, in-
cluding the number and type of 
witnesses 
called 
to 
advocate 
against the sealing of the records 
of the petitioner; and 
‘‘(bb) the potential for ad-
verse testimony by a victim or a 
representative of the Attorney 
General. 
‘‘(c) EFFECT OF SEALING ORDER.— 
‘‘(1) IN GENERAL.—Except as provided in this 
subsection, if a court orders the sealing of a juvenile 
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record under subsection (a) or (b) with respect to a 
juvenile nonviolent offense, the offense and any ar-
rest, juvenile delinquency proceeding, adjudication, 
or other result of such proceeding relating to the of-
fense shall be treated as if it never occurred. 
‘‘(2) VERIFICATION OF SEALING.—If a court 
orders the sealing of a juvenile record under sub-
section (a) or (b) with respect to a juvenile non-
violent offense, the court shall— 
‘‘(A) send a copy of the sealing order to 
each entity or person that possesses a record 
relating to the offense, including each law en-
forcement agency, each public or private correc-
tional, detention, or treatment facility, each 
other public or private agency, and each person 
who provided treatment or rehabilitation serv-
ices for the petitioner under an order of the 
court; 
‘‘(B) in the sealing order, require each en-
tity or person described in paragraph (1) to— 
‘‘(i) seal the record; and 
‘‘(ii) submit a written certification to 
the court, under penalty of perjury, that 
the entity or person has sealed each paper 
and electronic copy of the record; 
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‘‘(C) seal each paper and electronic copy of 
the record in the possession of the court; and 
‘‘(D) after receiving a written certification 
from each entity or person under paragraph 
(2)(B), notify the petitioner that each entity or 
person described in paragraph (1) has sealed 
each paper and electronic copy of the record. 
‘‘(3) PROTECTION FROM PERJURY LAWS.—Ex-
cept as provided in paragraph (5)(C)(i), the person 
who is the subject of a juvenile record sealed under 
subsection (a) or (b) or a parent of the person shall 
not be subject to prosecution under any civil or 
criminal provision of Federal or State law relating to 
perjury, false swearing, or making a false statement, 
including section 1001, 1621, 1622, or 1623, for 
failing to acknowledge the record or respond to any 
inquiry made of the person or the parent, relating 
to the record, for any purpose. 
‘‘(4) LAW ENFORCEMENT ACCESS TO SEALED 
RECORDS.—A law enforcement agency may access a 
sealed juvenile record of a person solely— 
‘‘(A) to determine whether the person is el-
igible for a first-time-offender diversion pro-
gram; 
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‘‘(B) for investigatory or prosecutorial pur-
poses within the juvenile justice system; or 
‘‘(C) for a background check that relates 
to— 
‘‘(i) law enforcement employment; or 
‘‘(ii) any employment that requires a 
government security clearance. 
‘‘(5) PROHIBITION ON DISCLOSURE.— 
‘‘(A) PROHIBITION.—Except as provided 
in subparagraph (C), it shall be unlawful to in-
tentionally make or attempt to make an unau-
thorized disclosure of any information from a 
sealed juvenile record in violation of this sec-
tion. 
‘‘(B) PENALTY.—Any person who violates 
subparagraph (A) shall be fined under this title, 
imprisoned for not more than 1 year, or both. 
‘‘(C) EXCEPTIONS.— 
‘‘(i) BACKGROUND
CHECKS.—A per-
son who is the subject of a juvenile record 
sealed under this section shall, and a Fed-
eral or State law enforcement agency that 
possesses such a record may, disclose the 
record in the case of a background check 
for— 
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‘‘(I) law enforcement employ-
ment; or 
‘‘(II) any employment that re-
quires a government security clear-
ance. 
‘‘(ii) 
DISCLOSURE
TO
ARMED 
FORCES.—A person may disclose informa-
tion from a sealed juvenile record to the 
Secretaries of the military departments (or 
the Secretary of Homeland Security with 
respect to the Coast Guard when it is not 
operating as a service in the Navy) for the 
purpose of vetting an enlistment or com-
mission, or with regard to any member of 
the Armed Forces. 
‘‘(iii) AUTHORIZATION
FOR
PERSON 
TO
DISCLOSE
OWN
RECORD.—A person 
who is the subject of a juvenile record 
sealed under this section may choose to 
disclose the record. 
‘‘§ 5044. Expungement 
‘‘(a) AUTOMATIC
EXPUNGEMENT
OF
CERTAIN 
RECORDS.— 
‘‘(1) ATTORNEY GENERAL MOTION.— 
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‘‘(A) NONVIOLENT OFFENSES COMMITTED 
BEFORE A PERSON TURNED 15.—If a person is 
adjudicated delinquent under this chapter for a 
juvenile nonviolent offense committed before the 
person attained 15 years of age, on the date on 
which the person attains 18 years of age, the 
Attorney General shall file a motion in the dis-
trict court of the United States in which the 
person was adjudicated delinquent requesting 
that each juvenile record of the person that re-
lates to the offense be expunged. 
‘‘(B) ARRESTS.—If a juvenile is arrested 
for an offense for which a juvenile delinquency 
proceeding is not instituted under this sub-
chapter, the Attorney General shall file a mo-
tion in the district court of the United States 
that would have had jurisdiction of the pro-
ceeding requesting that each juvenile record re-
lating to the arrest be expunged. 
‘‘(C) EXPUNGEMENT
ORDER.—Upon the 
filing of a motion in a district court of the 
United States with respect to a juvenile non-
violent offense under subparagraph (A) or an 
arrest for an offense under subparagraph (B), 
the court shall grant the motion and order that 
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each juvenile record relating to the offense or 
arrest, as applicable, be expunged. 
‘‘(2) DISMISSED CASES.—If a district court of 
the United States dismisses an information with re-
spect to a juvenile under this subchapter or finds a 
juvenile not to be delinquent in a juvenile delin-
quency proceeding under this subchapter, the court 
shall concurrently order that each juvenile record re-
lating to the applicable proceeding be expunged. 
‘‘(3) AUTOMATIC NATURE OF EXPUNGEMENT.— 
An order of expungement under paragraph (1)(C) or 
(2) shall not require any action by the person whose 
records are to be expunged. 
‘‘(4) NOTICE OF AUTOMATIC EXPUNGEMENT.— 
A court that orders the expungement of a juvenile 
record of a person under paragraph (1)(C) or (2) 
shall inform the person of the expungement and the 
benefits of expunging the record, including protec-
tion from civil and criminal perjury, false swearing, 
and false statement laws with respect to the record. 
‘‘(b) PETITIONING
FOR EXPUNGEMENT
OF NON-
VIOLENT OFFENSES.— 
‘‘(1) IN GENERAL.—A person who is adjudged 
delinquent under this chapter for a juvenile non-
violent offense committed on or after the date on 
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which the person attained 15 years of age may peti-
tion the court in which the proceeding took place to 
order the expungement of the juvenile record that 
relates to the offense. 
‘‘(2) PROCEDURES.— 
‘‘(A) NOTIFICATION OF PROSECUTOR AND 
VICTIMS.—If a person files an expungement pe-
tition with respect to a juvenile nonviolent of-
fense, the court in which the petition is filed 
shall provide notice of the petition— 
‘‘(i) to the Attorney General; 
‘‘(ii) to the extent reasonable and 
practicable, to each victim of the offense; 
and 
‘‘(iii) upon the request of the peti-
tioner, to any other individual that the pe-
titioner determines may testify as to— 
‘‘(I) the conduct of the petitioner 
since the date of the offense; or 
‘‘(II) 
the 
reasons 
that 
the 
expungement order should be entered. 
‘‘(B) HEARING.— 
‘‘(i) IN GENERAL.—Not later than 6 
months after the date on which a person 
files an expungement petition, the court 
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shall conduct a hearing to determine 
whether to enter an expungement order for 
the person. 
‘‘(ii) OPPORTUNITY TO TESTIFY AND 
OFFER EVIDENCE.— 
‘‘(I) 
PETITIONER.—The 
peti-
tioner may testify or offer evidence at 
the expungement hearing in support 
of expungement. 
‘‘(II) PROSECUTOR.—The Attor-
ney General may send a representa-
tive to testify or offer evidence at the 
expungement hearing in support of or 
against expungement. 
‘‘(III) VICTIMS.— 
‘‘(aa) IN GENERAL.—A vic-
tim who receives notice under 
subparagraph (A)(ii) may testify 
or 
offer 
evidence 
at 
the 
expungement hearing in support 
of or against expungement. 
‘‘(bb) LOCATING VICTIMS.— 
The inability of a court to locate 
a victim shall not delay a pro-
ceeding under this subsection, 
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preclude 
the 
holding 
of 
an 
expungement hearing, or pre-
clude 
the 
issuance 
of 
an 
expungement order. 
‘‘(IV) OTHER INDIVIDUALS.—An 
individual who receives notice under 
subparagraph (A)(iii) may testify or 
offer evidence at the expungement 
hearing as to the issues described in 
subclauses (I) and (II) of that para-
graph. 
‘‘(C) BASIS FOR DECISION.—In conducting 
a hearing under subparagraph (B), the court 
shall 
determine 
whether 
to 
grant 
the 
expungement petition after considering— 
‘‘(i) the evidence and testimony pre-
sented by the Attorney General and any 
victims at the hearing; 
‘‘(ii) the best interests of the peti-
tioner; 
‘‘(iii) the age of the petitioner during 
his or her contact with the court or any 
law enforcement agency; 
‘‘(iv) the nature of the juvenile non-
violent offense; 
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‘‘(v) the disposition of the case; 
‘‘(vi) the manner in which the peti-
tioner participated in any court-ordered re-
habilitative programming or supervised 
services; 
‘‘(vii) the length of the time period 
during which the petitioner has been with-
out contact with any court or any law en-
forcement agency; 
‘‘(viii) whether the petitioner has had 
any criminal or juvenile delinquency in-
volvement since the disposition of the juve-
nile delinquency proceeding; and 
‘‘(ix) the adverse consequences the pe-
titioner may suffer if the petition is not 
granted. 
‘‘(D) WAITING PERIOD AFTER DENIAL.—If 
the court denies an expungement petition, the 
petitioner may not file a new expungement peti-
tion with respect to the same offense until the 
date that is 2 years after the date of the denial. 
‘‘(E) UNIVERSAL
FORM.—The Attorney 
General shall create a universal form, available 
over the Internet and in paper form, that an in-
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dividual may use to file an expungement peti-
tion. 
‘‘(F) NO FEE FOR EXPUNGEMENT.—There 
shall be no cost for filing an expungement peti-
tion. 
‘‘(G) REPORTING.—Not later than 2 years 
after the date of enactment of this section, and 
each year thereafter, each district court of the 
United States shall issue a public report that— 
‘‘(i) describes— 
‘‘(I) the number of expungement 
petitions granted and denied under 
this subsection; and 
‘‘(II) the number of instances in 
which the Attorney General supported 
or opposed an expungement petition; 
and 
‘‘(ii) includes any supporting data 
that the court determines relevant and that 
does not name any petitioner. 
‘‘(H) PUBLIC DEFENDER ELIGIBILITY.— 
‘‘(i) PETITIONERS UNDER AGE 18.— 
The district court shall appoint counsel in 
accordance with the plan of the district 
court in operation under section 3006A to 
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represent a petitioner for purposes of this 
subsection if the petitioner is less than 18 
years of age. 
‘‘(ii) 
PETITIONERS
AGE
AND 
OLDER.— 
‘‘(I) DISCRETION OF COURT.—In 
the case of a petitioner who not less 
than 18 years of age, the district 
court may, in its discretion, appoint 
counsel in accordance with the plan of 
the district court in operation under 
section 3006A to represent the peti-
tioner for purposes of this subsection. 
‘‘(II) CONSIDERATIONS.—In de-
termining whether to appoint counsel 
under subclause (I), the court shall 
consider— 
‘‘(aa) the anticipated com-
plexity of the expungement hear-
ing, including the number and 
type of witnesses called to advo-
cate against the expungement of 
the records of the petitioner; and 
‘‘(bb) the potential for ad-
verse testimony by a victim or a 
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as provided in paragraph (6)) shall reply to the in-
quiry that no such juvenile record exists. 
‘‘(4) PROTECTION FROM PERJURY LAWS.—Ex-
cept as provided in paragraph (5), if a juvenile 
record of a person is expunged under this section, 
the person who is the subject of the record or a par-
ent of the person shall not be subject to prosecution 
under any civil or criminal provision of Federal or 
State law relating to perjury, false swearing, or 
making a false statement, including section 1001, 
1621, 1622, or 1623, for failing to acknowledge the 
record or respond to any inquiry made of the person 
or the parent, relating to the record, for any pur-
pose. 
‘‘(5) CIVIL ACTIONS.— 
‘‘(A) IN GENERAL.—If a person whose ju-
venile record is expunged under this section 
brings an action that might be defended with 
the contents of the record, there shall be a re-
buttable presumption that the defendant has a 
complete defense to the action. 
‘‘(B) SHOWING BY PLAINTIFF.—In an ac-
tion described in subparagraph (A), the plaintiff 
may rebut the presumption of a complete de-
fense by showing that the contents of the ex-
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punged record would not prevent the defendant 
from being liable. 
‘‘(C) DUTY TO TESTIFY AS TO EXISTENCE 
OF RECORD.—The court in which an action de-
scribed in subparagraph (A) is filed may re-
quire the plaintiff to state under oath whether 
the plaintiff had a juvenile record and whether 
the record was expunged. 
‘‘(D) PROOF OF EXISTENCE OF JUVENILE 
RECORD.—If the plaintiff in an action described 
in subparagraph (A) denies the existence of a 
juvenile record, the defendant may prove the ex-
istence of the record in any manner compatible 
with the applicable laws of evidence. 
‘‘(6) AUTHORIZATION
FOR
PERSON
TO
DIS-
CLOSE OWN RECORD.—A person who is the subject 
of a juvenile record expunged under this section may 
choose to disclose the record.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 403 of 
title 18, United States Code, is amended by adding 
at the end the following: 
‘‘5043. Sealing. 
‘‘5044. Expungement.’’. 
(e) JUVENILE SOLITARY CONFINEMENT.— 
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(1) IN
GENERAL.—Chapter 403 of title 18, 
United States Code, as amended by subsection (d), 
is amended by adding at the end the following: 
‘‘§ 5045. Juvenile solitary confinement 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘juvenile detention facility’ means 
any facility to which juveniles are committed, wheth-
er pursuant to an adjudication of delinquency under 
this subchapter or conviction for an offense; and 
‘‘(2) the term ‘room confinement’ means the in-
voluntary restriction of a juvenile alone in a cell, 
room, or other area for any reason. 
‘‘(b) PROHIBITION.— 
‘‘(1) IN GENERAL.—The use of room confine-
ment at a juvenile detention facility for discipline, 
punishment, retaliation, staffing shortages, adminis-
trative convenience, or any reason other than as a 
temporary response to the behavior of a juvenile that 
poses a serious and immediate risk of physical harm 
to the juvenile or others is prohibited. 
‘‘(2) JUVENILES
POSING
RISK
OF
HARM
TO 
OTHERS OR TO SELF AND OTHERS.— 
‘‘(A) REQUIREMENT
TO
USE
LEAST
RE-
STRICTIVE TECHNIQUES.— 
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‘‘(i) IN
GENERAL.—Before an em-
ployee of a juvenile detention facility places 
a juvenile in room confinement, the em-
ployee shall attempt to use less restrictive 
techniques, including— 
‘‘(I) talking with the juvenile to 
de-escalate the situation; and 
‘‘(II) when possible, bringing in 
other 
employees, 
qualified 
mental 
health professionals, or other juveniles 
to talk with the juvenile. 
‘‘(ii) EXPLANATION.—Before an em-
ployee of a juvenile facility places a juve-
nile in room confinement, or immediately 
after doing so, the employee shall explain 
to the juvenile— 
‘‘(I) the reasons for the room 
confinement; and 
‘‘(II) the fact that the juvenile 
will be released from room confine-
ment upon regaining self-control. 
‘‘(B) 3-HOUR MAXIMUM.—Except as pro-
vided in paragraph (3), if a juvenile is placed 
in room confinement because the juvenile poses 
a serious and immediate risk of physical harm 
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to others or to the juvenile and others, the juve-
nile shall not remain in room confinement for 
more than 3 hours. 
‘‘(C) RELEASE.—As soon as a juvenile 
placed in room confinement under subpara-
graph (A) is sufficiently under control so as to 
no longer pose a serious and immediate risk of 
physical harm to the juvenile or others, the ju-
venile shall be released from room confinement. 
‘‘(D) SPIRIT AND PURPOSE.—The use of 
consecutive periods of room confinement to 
evade the spirit and purpose of this subsection 
shall be prohibited. 
‘‘(E) CONDITIONS.—A room used for room 
confinement for a juvenile shall— 
‘‘(i) have not less than 80 square feet 
of floor space; 
‘‘(ii) have adequate lighting, heating 
or cooling (as applicable), and ventilation 
for the comfort of the juvenile; 
‘‘(iii) be suicide-resistant and protru-
sion-free; and 
‘‘(iv) have reasonable access to water, 
toilet facilities, and hygiene supplies. 
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‘‘(F) ACCESS
TO
SERVICES.—A juvenile 
placed in room confinement shall— 
‘‘(i) have access to appropriate med-
ical and psychological services; and 
‘‘(ii) receive crisis intervention and 
one-on-one observation. 
‘‘(G) RISK OF HARM AFTER 3 HOURS.—If, 
after 3 hours of room confinement, a juvenile 
continues to pose a serious and immediate risk 
of physical harm to others or to the juvenile 
and others— 
‘‘(i) the juvenile shall be transferred 
to another juvenile detention facility or in-
ternal location where services can be pro-
vided to the juvenile without relying on 
room confinement; or 
‘‘(ii) if the juvenile cannot be trans-
ferred to another juvenile detention facility 
or internal location in accordance with 
clause (i), an employee of the juvenile de-
tention facility shall initiate a referral to a 
mental health facility that can meet the 
needs of the juvenile. 
‘‘(3) JUVENILES
POSING
RISK
OF
HARM
TO 
SELF.— 
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thereafter, the Attorney General shall submit to Congress 
a report that— 
‘‘(1) contains a detailed description of the type 
of physical force, restraints, and room confinement 
used at juvenile detention facilities; and 
‘‘(2) describes the number of instances physical 
force, restraints, or room confinement are used at 
juvenile detention facilities, disaggregated by race, 
ethnicity, and gender.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 403 of 
title 18, United States Code, as amended by sub-
section (d), is amended by adding at the end the fol-
lowing: 
‘‘5045. Juvenile solitary confinement.’’. 
SEC. 4. STUDY AND REPORT ON COST SAVINGS FROM SEAL-
ING AND EXPUNGEMENT PROVISIONS. 
(a) STUDY.— 
(1) IN GENERAL.—Not later than 5 years after 
the date of enactment of this Act, the Attorney Gen-
eral, in consultation with the Secretary of Labor and 
the Director of the Office of Management and Budg-
et, shall conduct a study on the cost savings and 
broader economic impact of the sealing and 
expungement provisions in the amendments made by 
sections 2, 3, and 6 of this Act. 
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(2) CONSIDERATIONS.—In conducting the study 
under paragraph (1), the Attorney General shall 
consider— 
(A) the reduction in recidivism and associ-
ated cost savings related to corrections and 
public safety; 
(B) increased economic activity by former 
offenders, including by conducting an analysis 
of the tax revenue generated by that activity; 
and 
(C) the economic impact on the household 
of former offenders and the children of former 
offenders. 
(b) REPORT.—Not later than 5 years after the date 
of enactment of this Act, the Attorney General shall sub-
mit to Congress a report on the study conducted under 
subsection (a). 
SEC. 5. TANF ASSISTANCE AND SNAP BENEFITS. 
(a) AMENDMENT TO BAN ON ASSISTANCE.—Section 
115 of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (21 U.S.C. 862a) is amend-
ed— 
(1) in subsection (a)— 
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(A) by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), respectively, 
and adjusting the margins accordingly; 
(B) in the matter preceding subparagraph 
(A), as redesignated— 
(i) by striking ‘‘An individual’’ and in-
serting the following: 
‘‘(1) DENIAL OF ASSISTANCE AND BENEFITS.— 
Except as provided in paragraph (2), an individual’’; 
and 
(ii) by striking ‘‘possession, use, or’’; 
and 
(C) by adding at the end the following: 
‘‘(2) EXCEPTION FOR INDIVIDUALS WHO RE-
CEIVE TREATMENT AND OTHER INDIVIDUALS.—The 
prohibition under paragraph (1) shall not apply to 
an individual convicted of an offense described in 
paragraph (1) who— 
‘‘(A) has committed an offense that the 
court in which the individual is convicted (re-
ferred to in this paragraph as the ‘court’) deter-
mines is rationally related to a substance abuse 
disorder; 
‘‘(B)(i) is on a waiting list for, is accepted 
for, successfully participates in, or has satisfac-
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torily completed a substance abuse treatment 
program approved by the court; or 
‘‘(ii) has been determined by the court to 
not need substance abuse treatment; and 
‘‘(C) complies with all obligations imposed 
by the court.’’; 
(2) in subsection (d), by striking ‘‘the date of 
the enactment of this Act’’ each place that term ap-
pears and inserting ‘‘the date of enactment of the 
Record Expungement Designed to Enhance Employ-
ment Act of 2014’’; and 
(3) in subsection (f), by striking paragraph (5) 
and inserting the following: 
‘‘(5) Employment services, including job train-
ing programs and any other employment services 
that are funded using assistance or benefits referred 
to in subsection (a).’’. 
(b) EFFECT ON STATE ELECTIONS TO OPT OUT OR 
LIMIT PERIOD OF PROHIBITION.— 
(1) DEFINITION.—In this subsection, the term 
‘‘TANF assistance or SNAP benefits’’ means assist-
ance or benefits referred to in section 115(a) of the 
Personal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (21 U.S.C. 862a(a)). 
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(2) EFFECT.—A law enacted by a State under 
the authority under subparagraph (A) or (B) of sub-
section (d)(1) of section 115 of the Personal Respon-
sibility and Work Opportunity Reconciliation Act of 
1996 (21 U.S.C. 862a) (as in effect on the day be-
fore the date of enactment of this Act), and any 
State law or regulation enacted to carry out the re-
quirements of such section (as in effect on the day 
before the date of enactment of this Act), that im-
poses conditions on eligibility for TANF assistance 
or SNAP benefits that are more restrictive than the 
conditions on eligibility for TANF assistance or 
SNAP benefits under such section as amended by 
subsection (a) shall have no force or effect. 
SEC. 6. STATE INCENTIVES. 
(a) COPS GRANTS PRIORITY.—Section 1701(c) of 
the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3796dd(c)) is amended— 
(1) by striking ‘‘In’’ and inserting the following: 
‘‘(1) IN GENERAL.—In’’; 
(2) by striking ‘‘where feasible’’ and all that fol-
lows, and inserting the following: ‘‘where feasible, to 
an application— 
‘‘(A) for hiring and rehiring additional ca-
reer law enforcement officers that involves a 
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non-Federal contribution exceeding the 25 per-
cent minimum under subsection (g); or 
‘‘(B) from an applicant in a State that has 
in effect— 
‘‘(i) a law relating to the confiden-
tiality, sealing, and expungement of juve-
nile records that is substantially similar to, 
or more generous to the former offender 
than, the amendments made by subsections 
(b) through (d) of section 3 of the Record 
Expungement Designed to Enhance Em-
ployment Act of 2014; 
‘‘(ii) a law prohibiting juvenile solitary 
confinement that is substantially similar 
to, or more restrictive than, the amend-
ment made by subsection (e) of section 3 
of the Record Expungement Designed to 
Enhance Employment Act of 2014; 
‘‘(iii) a law relating to the sealing of 
adult records that is substantially similar 
to, or more generous to the former of-
fender than, the amendments made by sec-
tion 2 of the Record Expungement De-
signed to Enhance Employment Act of 
2014; 
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‘‘(iv) subject to paragraph (2), a law 
that establishes that an adult criminal 
court may not have original jurisdiction 
over an individual who was less than 18 
years of age when the individual committed 
an offense; 
‘‘(v) a law that allows an individual 
who has successfully sealed or expunged a 
criminal record to be free from civil and 
criminal perjury laws; or 
‘‘(vi) a law relating to the eligibility of 
individuals for assistance or benefits re-
ferred to in subsection (a) of section 115 
of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 
(21 U.S.C. 862a(a)) that is no more re-
strictive than such section, as amended by 
section 5 of the Record Expungement De-
signed to Enhance Employment Act of 
2014.’’; and 
(3) by adding at the end the following: 
‘‘(2) JUVENILE TRANSFER PROVISIONS.—Para-
graph (1)(B)(iv) shall not be construed to preclude 
from preferential consideration an application from 
an applicant in a State that— 
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‘‘(A) has in effect a law that authorizes the 
transfer of an individual who is less than 18 
years of age to adult criminal court if the indi-
vidual commits a specified offense or an offense 
that falls under a specified category of offenses; 
or 
‘‘(B) exercises other case-specific transfer 
mechanisms. 
‘‘(3) DEGREE
OF
PRIORITY
COMMENSURATE 
WITH
DEGREE
OF
COMPLIANCE.—If the Attorney 
General, in awarding grants under this part, gives 
preferential consideration to any application as au-
thorized under paragraph (1)(B), the Attorney Gen-
eral shall base the degree of preferential consider-
ation given to an application from an applicant in a 
particular State on the number of clauses under 
paragraph (1)(B) that the State has satisfied, rel-
ative to the number of such clauses that each other 
State has satisfied.’’. 
(b) ATTORNEY GENERAL GUIDELINES AND TECH-
NICAL ASSISTANCE.—The Attorney General shall issue 
guidelines and provide technical assistance to assist States 
in 
complying 
with 
the 
incentive 
under 
section 
1701(c)(1)(B) of the Omnibus Crime Control and Safe 
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Streets Act of 1968 (42 U.S.C. 3796dd(c)(1)(B)), as 
added by subsection (a). 
SEC. 7. ENSURING ACCURACY IN THE FBI BACKGROUND 
CHECK SYSTEM. 
(a) IN GENERAL.—Section 534 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(g) ENSURING ACCURACY
IN
THE FBI BACK-
GROUND CHECK SYSTEM.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘applicant’ means the indi-
vidual to whom a record sought to be exchanged 
pertains; 
‘‘(B) the term ‘incomplete’, with respect to 
a record, means the record— 
‘‘(i) indicates that an individual was 
arrested but does not describe the offense 
for which the individual was arrested; or 
‘‘(ii) indicates that an individual was 
arrested or criminal proceedings were insti-
tuted against an individual but does not 
include the final disposition of the arrest 
or of the proceedings if a final disposition 
has been reached; 
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‘‘(C) the term ‘record’ means a record or 
other information collected under this section; 
‘‘(D) the term ‘reporting jurisdiction’ 
means any person or entity that provides a 
record to the Attorney General under this sec-
tion; and 
‘‘(E) the term ‘requesting entity’— 
‘‘(i) means a person or entity that 
seeks the exchange of a record for civil 
purposes that include employment, hous-
ing, credit, or any other type of applica-
tion; and 
‘‘(ii) does not include a law enforce-
ment or intelligence agency that seeks the 
exchange of a record for— 
‘‘(I) investigative purposes; or 
‘‘(II) purposes relating to— 
‘‘(aa) law enforcement em-
ployment; or 
‘‘(bb) employment that re-
quires a government security 
clearance. 
‘‘(2) PERIODIC
REVIEW
AND
UPDATE
OF 
RECORDS.—Not later than 1 year after the date of 
enactment of the Record Expungement Designed to 
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Enhance Employment Act of 2014, and every 2 
years thereafter, the Attorney General shall— 
‘‘(A) review each record for completeness 
and accuracy; and 
‘‘(B) to the extent feasible, update or cor-
rect each incomplete or inaccurate record. 
‘‘(3) INCOMPLETE OR INACCURATE RECORDS.— 
If the Attorney General determines under paragraph 
(2)(A) that a record is incomplete or inaccurate, the 
Attorney General— 
‘‘(A) shall notify each relevant reporting 
jurisdiction that the record is incomplete or in-
accurate; and 
‘‘(B) may not exchange the record with a 
requesting entity until the Attorney General up-
dates or corrects the record.’’. 
(b) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Attorney General shall sub-
mit to Congress a report on the implementation of section 
534(g) of title 28, United States Code, as added by sub-
section (a), that includes— 
(1) the number of exchanges of records or in-
formation for employment-related purposes made 
with entities in each State through the records sys-
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tem created under section 534 of title 28, United 
States Code; 
(2) appropriate statistical information to deter-
mine whether the exchange of records or information 
about arrests that did not result in convictions is af-
fecting the employment opportunities of employees 
to whom those records or information pertain; 
(3) any prolonged failure of a reporting juris-
diction to comply with a request by the Attorney 
General for information about dispositions of ar-
rests; and 
(4) the numbers of successful and unsuccessful 
challenges to the accuracy and completeness of 
records or information, by State where the records 
and information originated. 
SEC. 8. REPORT ON STATUTORY AND REGULATORY RE-
STRICTIONS AND DISQUALIFICATIONS BASED 
ON CRIMINAL RECORDS. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Attorney General, in 
consultation with the Secretary of Labor and the Director 
of the Office of Personnel Management, shall submit to 
Congress a report on each Federal statute, regulation, or 
policy that authorizes a restriction on, or disqualification 
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of, an applicant for employment or for a Federal license 
or permit based on the criminal record of the applicant. 
(b) IDENTIFICATION OF INFORMATION.—In the re-
port submitted under subsection (a), the Attorney General 
shall— 
(1) identify each occupation, position, license, 
or permit to which a restriction or disqualification 
described in subsection (a) applies; and 
(2) for each occupation, position, license, or 
permit identified under paragraph (1), include— 
(A) a description of the restriction or dis-
qualification; 
(B) the duration of the restriction or dis-
qualification; 
(C) an evaluation of the rationale for the 
restriction or disqualification and its continuing 
usefulness; 
(D) the procedures, if any, to appeal, waive 
or exempt the restriction or disqualification 
based on a showing of rehabilitation or other 
relevant evidence; 
(E) any information available about the 
numbers of individuals restricted or disqualified 
on the basis of a criminal record; and 
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(F) the identity of the Federal agency with 
jurisdiction over the restriction or disqualifica-
tion. 
Æ 
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