‘‘(ix) whether the petitioner has had 
any criminal or juvenile delinquency in-
volvement since the disposition of the juve-
nile delinquency proceeding; and 
‘‘(x) 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 Director of 
the Administrative Office of the United States 
Courts 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. 
‘‘(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— 
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‘‘(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; 
‘‘(ii) includes any supporting data 
that the court determines relevant and that 
does not name any petitioner; and 
‘‘(iii) disaggregates all relevant data 
by race, ethnicity, gender, and the nature 
of the offense. 
‘‘(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.— 
‘‘(I) DISCRETION OF COURT.—In 
the case of a petitioner who not less 
than 18 years of age, the district 
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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 
record under subsection (a) or (b) with respect to a 
juvenile nonviolent offense, the offense and any ar-
rest, juvenile delinquency proceeding, adjudication, 
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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 known to the court that 
possesses a record relating to the offense, in-
cluding each— 
‘‘(i) law enforcement agency; and 
‘‘(ii) public or private correctional or 
detention facility; 
‘‘(B) in the sealing order, require each en-
tity or person described in subparagraph (A) 
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; 
‘‘(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 subparagraph 
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(B)(ii), notify the petitioner that each entity or 
person described in subparagraph (A) 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; 
‘‘(B) for investigatory or prosecutorial pur-
poses within the juvenile justice system; or 
‘‘(C) for a background check that relates 
to— 
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‘‘(i) law enforcement employment; or 
‘‘(ii) any position that a Federal agen-
cy designates as a— 
‘‘(I) national security position; or 
‘‘(II) high-risk, public trust posi-
tion. 
‘‘(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) CRIMINAL AND JUVENILE PRO-
CEEDINGS.—A prosecutor may disclose in-
formation from a juvenile record sealed 
under this section if the information per-
tains to a potential witness in a Federal or 
State— 
‘‘(I) criminal proceeding; or 
‘‘(II) juvenile delinquency pro-
ceeding. 
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‘‘(iv) 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.— 
‘‘(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 
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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 
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) 
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shall, in writing, inform the person of the 
expungement and the benefits of expunging the 
record, including protection 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 
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; and 
‘‘(ii) upon the request of the peti-
tioner, to any other individual that the pe-
titioner determines may testify as to— 
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‘‘(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 
shall— 
‘‘(I) except as provided in clause 
(iii), conduct a hearing in accordance 
with clause (ii); and 
‘‘(II) determine whether to enter 
an expungement order for the person 
in accordance with subparagraph (C). 
‘‘(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 
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expungement hearing in support of or 
against expungement. 
‘‘(III) OTHER INDIVIDUALS.—An 
individual who receives notice under 
subparagraph (A)(ii) may testify or 
offer evidence at the expungement 
hearing as to the issues described in 
subclauses (I) and (II) of that sub-
paragraph. 
‘‘(C) BASIS
FOR
DECISION.—The court 
shall 
determine 
whether 
to 
grant 
an 
expungement petition after considering— 
‘‘(i) the petition and any documents in 
the possession of the court; 
‘‘(ii) all the evidence and testimony 
presented at the expungement hearing, if 
such a hearing is conducted; 
‘‘(iii) the best interests of the peti-
tioner; 
‘‘(iv) the age of the petitioner during 
his or her contact with the court or any 
law enforcement agency; 
‘‘(v) the nature of the juvenile non-
violent offense; 
‘‘(vi) the disposition of the case; 
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‘‘(vii) the manner in which the peti-
tioner participated in any court-ordered re-
habilitative programming or supervised 
services; 
‘‘(viii) the length of the time period 
during which the petitioner has been with-
out contact with any court or any law en-
forcement agency; 
‘‘(ix) whether the petitioner has had 
any criminal or juvenile delinquency in-
volvement since the disposition of the juve-
nile delinquency proceeding; and 
‘‘(x) 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 Director of 
the Administrative Office of the United States 
Courts 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; 
‘‘(ii) includes any supporting data 
that the court determines relevant and that 
does not name any petitioner; and 
‘‘(iii) disaggregates all relevant data 
by race, ethnicity, gender, and the nature 
of the offense. 
‘‘(H) PUBLIC DEFENDER ELIGIBILITY.— 
‘‘(i) PETITIONERS UNDER AGE 18.— 
The district court shall appoint counsel in 
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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.— 
‘‘(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 
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‘‘(bb) the potential for ad-
verse testimony by a victim or a 
representative of the Attorney 
General. 
‘‘(c) EFFECT OF EXPUNGED JUVENILE RECORD.— 
‘‘(1) IN GENERAL.—Except as provided in this 
subsection, if a court orders the expungement of a 
juvenile record under subsection (a) or (b) with re-
spect to a juvenile nonviolent offense— 
‘‘(A) the offense and any arrest, juvenile 
delinquency proceeding, adjudication, or other 
result of such proceeding relating to the offense 
shall be treated as if it never occurred; and 
‘‘(B) the person to whom the record per-
tains shall not be required to disclose the exist-
ence of the record. 
‘‘(2) VERIFICATION OF EXPUNGEMENT.—If a 
court orders the expungement of a juvenile record 
under subsection (a) or (b) with respect to a juvenile 
nonviolent offense, the court shall— 
‘‘(A) send a copy of the expungement order 
to each entity or person known to the court 
that possesses a record relating to the offense, 
including each— 
‘‘(i) law enforcement agency; and 
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‘‘(ii) public or private correctional or 
detention facility; 
‘‘(B) in the expungement order, require 
each entity or person described in subparagraph 
(A) to— 
‘‘(i) destroy the record; and 
‘‘(ii) submit a written certification to 
the court, under penalty of perjury, that 
the entity or person has destroyed each 
paper and electronic copy of the record; 
‘‘(C) destroy 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 subparagraph 
(B)(ii), notify the petitioner that each entity or 
person described in subparagraph (A) has de-
stroyed each paper and electronic copy of the 
record. 
‘‘(3) REPLY TO INQUIRIES.—In the case of an 
inquiry relating to a juvenile record of a person that 
is expunged under this section, the court in which 
the proceeding took place, each law enforcement offi-
cer, any agency that provided treatment or rehabili-
tation services to the person, and the person (except 
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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) 
CRIMINAL
AND
JUVENILE
PRO-
CEEDINGS.—A prosecutor may disclose information 
from a juvenile record expunged under this section 
if the information pertains to a potential witness in 
a Federal or State— 
‘‘(A) criminal proceeding; or 
‘‘(B) juvenile delinquency proceeding. 
‘‘(7) 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.’’. 
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(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.’’. 
(3) APPLICABILITY.—Sections 5043 and 5044 
of title 18, United States Code, as added by para-
graph (1), shall apply with respect to a juvenile non-
violent offense (as defined in section 5031 of such 
title, as amended by subsection (b)) that is com-
mitted or alleged to have been committed before, on, 
or after the date of enactment of this Act. 
(e) JUVENILE SOLITARY CONFINEMENT.— 
(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— 
‘‘(A) to which juveniles are committed, 
whether pursuant to an adjudication of delin-
quency under this subchapter or conviction for 
an offense; or 
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‘‘(B) where juveniles are detained prior to 
disposition or conviction; 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, to others, or to the juvenile and oth-
ers, is prohibited. 
‘‘(2) JUVENILES POSING RISK OF HARM.— 
‘‘(A) REQUIREMENT
TO
USE
LEAST
RE-
STRICTIVE TECHNIQUES.— 
‘‘(i) IN
GENERAL.—Before a staff 
member of a juvenile detention facility 
places a juvenile in room confinement, the 
staff member shall attempt to use less re-
strictive techniques, including— 
‘‘(I) talking with the juvenile to 
de-escalate the situation; and 
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‘‘(II) when possible, bringing in 
other staff members, qualified mental 
health professionals, or other juveniles 
to talk with the juvenile. 
‘‘(ii) EXPLANATION.—Before a staff 
member of a juvenile facility places a juve-
nile in room confinement, or immediately 
after doing so, the staff member shall ex-
plain to the juvenile— 
‘‘(I) the reasons for the room 
confinement; and 
‘‘(II) the fact that the juvenile 
will be released from room confine-
ment— 
‘‘(aa) immediately upon re-
gaining self-control, as described 
in clause (i)(I) or (ii)(I) of sub-
paragraph (B), as applicable; and 
‘‘(bb) not later than after 
the expiration of the time period 
described in clause (i)(II) or 
(ii)(II) of subparagraph (B), as 
applicable. 
‘‘(B) MAXIMUM
PERIOD
OF
CONFINE-
MENT.— 
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emcdonald on DSK67QTVN1PROD with BILLS
‘‘(i) RISK OF HARM TO OTHERS OR TO 
SELF AND OTHERS.—If a juvenile is placed 
in room confinement because the juvenile 
poses a serious and immediate risk of 
physical harm to others or to the juvenile 
and others, the juvenile shall be released— 
‘‘(I) immediately when the juve-
nile has sufficiently gained control so 
as to no longer engage in behavior 
that threatens serious and immediate 
risk of physical harm to others or to 
the juvenile or others; and 
‘‘(II) not later than 3 hours after 
being placed in room confinement. 
‘‘(ii) RISK OF HARM TO SELF ONLY.— 
If a juvenile is placed in room confinement 
because the juvenile poses a serious and 
immediate risk of physical harm to himself 
or herself, the juvenile shall be released— 
‘‘(I) immediately when the juve-
nile has sufficiently gained control so 
as to no longer engage in behavior 
that threatens serious and immediate 
risk of physical harm to himself or 
herself; and 
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