has committed a nonviolent offense that is one of 
the following: 
‘‘(A) Any offense under this title that 
causes the petitioner to be required to register 
under the Sexual Offender Registration and 
Notification Act. 
‘‘(B) Any offense under this title that 
causes a victim or victims to sustain a loss of 
not less than $25,000. 
‘‘§ 3634. Effect of expungement 
‘‘(a) IN GENERAL.—An order granting expungement 
under this subchapter shall restore the individual con-
cerned, in the contemplation of the law, to the status such 
individual occupied before the arrest or institution of 
criminal proceedings for the nonviolent offense that was 
the subject of the expungement. 
‘‘(b) NO DISQUALIFICATION; STATEMENTS.—An in-
dividual whose petition under this subchapter is granted 
shall not be required to divulge information pertaining to 
the nonviolent offense with regard to which expungement 
is sought, nor shall such individual be held under any pro-
vision of law guilty of perjury, false answering, or making 
a false statement by reason of the failure of the individual 
to recite or acknowledge such arrest or institution of 
criminal proceedings, or results thereof, in response to an 
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inquiry made of the individual for any purpose. The fact 
that such individual has been convicted of the nonviolent 
offense concerned shall not operate as a disqualification 
of such individual to pursue or engage in any lawful activ-
ity, occupation, or profession. 
‘‘(c) RECORDS EXPUNGED OR SEALED.—Except as 
provided under section 3635, on the grant of a petition 
under this subchapter, the following shall be expunged: 
‘‘(1) Any official record relating to the arrest of 
the petitioner, the institution of criminal proceedings 
against the petitioner, or the results thereof (includ-
ing conviction) for the nonviolent offense with regard 
to which expungement is sought. 
‘‘(2) Any reference in any official record to the 
arrest of the petitioner, the institution of criminal 
proceedings against the petitioner, or the results 
thereof (including conviction) for the nonviolent of-
fense with regard to which expungement is sought. 
‘‘(d) EXCEPTIONS.—The Attorney General may make 
rules providing for exceptions to subsection (c) as the At-
torney General determines necessary to serve the interests 
of justice and public safety. 
‘‘(e) REVERSAL OF EXPUNGEMENT.—The records or 
references expunged under this subchapter shall be re-
stored by operation of law as public records and may be 
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used in all court proceedings if the individual is convicted 
of any Federal or State offense after the date of 
expungement. 
‘‘§ 3635. Disclosure of expunged records 
‘‘(a) RECORD OF DISPOSITION TO BE RETAINED.— 
The Attorney General shall retain an unaltered nonpublic 
copy of— 
‘‘(1) any record that is expunged; and 
‘‘(2) any record containing a reference that is 
expunged. 
‘‘(b) LAW ENFORCEMENT PURPOSES.—The Attorney 
General shall maintain a nonpublic index of the records 
described under subsection (a) containing, for each such 
record, only the name of, and alphanumeric identifiers 
that relate to, the individual who is the subject of such 
record, the word ‘expunged’, and the name of the person, 
agency, office, or department that has custody of the ex-
punged record, and shall not name the offense committed. 
The index shall be made available only to an entity to 
which records may be made available under subsection (d) 
or to any Federal or State law enforcement agency that 
has custody of such records. 
‘‘(c) AUTHORIZED DISCLOSURES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), any record described in subsection (a) 
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pertaining to an individual may be made available 
only— 
‘‘(A) to a Federal or State court or Fed-
eral, State, or local law enforcement agency, in 
the case of a criminal investigation or prosecu-
tion of an individual or in conducting a back-
ground check on an individual who has applied 
for employment by such court or agency; or 
‘‘(B) to any State or local agency with re-
sponsibility for the issuance of licenses to pos-
sess firearms, in the case of an individual ap-
plying for such a license. 
‘‘(2) AUTHORIZED
DISCLOSURE
TO
INDIVID-
UALS.—On application of the individual to whom a 
record described under subsection (a) pertains, that 
record may be made available to the individual. 
‘‘(d) PUNISHMENT FOR IMPROPER DISCLOSURE.— 
Whoever intentionally makes or attempts to make a disclo-
sure, other than a disclosure authorized under subsection 
(c), of any record or reference that is expunged under this 
subchapter shall be fined under this title or imprisoned 
not more than one year, or both.’’. 
(b) CLERICAL AMENDMENT.—The table of sub-
chapters at the beginning of chapter 229 of title 18, 
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United States Code, is amended by adding at the end the 
following item: 
‘‘D. Expungement .............................................................................. 3631’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this Act shall apply to individuals convicted of an offense 
before, on, or after the date of enactment of this Act. 
SEC. 3. INCENTIVE PAYMENTS UNDER THE BYRNE GRANTS 
PROGRAM FOR STATES TO IMPLEMENT CER-
TAIN EXPUNGEMENT PROCEDURES AND RE-
QUIREMENTS. 
Section 505 of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3755) is amend-
ed by adding at the end the following new subsection: 
‘‘(i) PAYMENT INCENTIVES FOR STATES TO IMPLE-
MENT CERTAIN EXPUNGEMENT PROCEDURES AND RE-
QUIREMENTS.— 
‘‘(1) PAYMENT INCENTIVES.— 
‘‘(A) BONUS.—In the case of a State that 
receives funds for a fiscal year (beginning with 
fiscal year 2017) under this subpart and that 
has in effect throughout the State for such fis-
cal year laws to provide for expungement with 
respect to certain criminal records that are sub-
stantially similar to the Federal rights, proce-
dures, requirements, effects, and penalties set 
forth in subchapter D of chapter 229 of title 
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18, United States Code, the amount of funds 
that would otherwise be allocated under this 
subpart to such State for such fiscal year shall 
be increased by 5 percent. 
‘‘(B) PENALTY.—In the case of a State 
that receives funds for a fiscal year (beginning 
with fiscal year 2017) under this subpart and 
that does not have in effect throughout the 
State for such fiscal year laws to provide for 
expungement with respect to certain criminal 
records that are substantially similar to the 
Federal rights, procedures, requirements, ef-
fects, and penalties set forth in subchapter D of 
chapter 229 of title 18, United States Code, the 
amount of such funds that would otherwise be 
allocated under this subpart to such State for 
such fiscal year shall be decreased by 5 percent. 
‘‘(2) REPORTS.—The Attorney General shall 
submit to the Committee of the Judiciary of the 
House of Representatives and the Committee of the 
Judiciary of the Senate an annual report (which 
shall be made publicly available) that, with respect 
to the year involved— 
‘‘(A) lists the States that have (and those 
States which do not have) in effect throughout 
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the State laws to provide for expungement with 
respect to certain criminal records that are sub-
stantially similar to the Federal rights, proce-
dures, requirements, effects, and penalties set 
forth in subchapter D of chapter 229 of title 
18, United States Code; and 
‘‘(B) describes the increases granted to 
States under paragraph (1)(A), the penalties 
imposed on States under paragraph (1)(B), and 
the amounts that States being penalized under 
paragraph (1)(B) would have received if such 
States had in effect laws described in subpara-
graph (A) of this paragraph. 
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection for each of the fiscal years 2017 
through 2022, in addition to funds made available 
under section 508, such sums as may be necessary, 
but not to exceed the amount that is 5 percent of 
the total amount appropriated pursuant to such sec-
tion for such fiscal year.’’. 
Æ 
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