‘‘(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 
‘‘(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; 
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‘‘(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; 
‘‘(13) the term ‘sealing hearing’ means a hear-
ing held under section 3632(b)(2)(B); and 
‘‘(14) the term ‘sealing petition’ means a peti-
tion for a sealing order filed under section 
5043(b).’’. 
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(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 
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 
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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, in writing, in-
form the person of the sealing and the benefits of 
sealing the record, including protection from civil 
and criminal perjury, false swearing, and false state-
ment laws with respect to the record. 
‘‘(b) PETITIONING FOR EARLY SEALING OF NON-
VIOLENT OFFENSES.— 
‘‘(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-
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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, 
in writing, 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 delinquent supervision ordered by the 
court with respect to the offense, and the nec-
essary procedures for filing the sealing peti-
tion— 
‘‘(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-
tion, official detention, or juvenile delin-
quent supervision ordered by the court 
with respect to the offense. 
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‘‘(2) PROCEDURES.— 
‘‘(A) NOTIFICATION TO PROSECUTOR.—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; and 
‘‘(ii) 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— 
‘‘(I) except as provided in clause 
(iii), conduct a hearing in accordance 
with clause (ii); and 
‘‘(II) determine whether to enter 
a sealing order for the person in ac-
cordance with subparagraph (C). 
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‘‘(C) BASIS
FOR
DECISION.—The court 
shall determine whether to grant the sealing pe-
tition after considering— 
‘‘(i) the sealing petition and any docu-
ments in the possession of the court; 
‘‘(ii) all the evidence and testimony 
presented at the sealing 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; 
‘‘(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 law enforce-
ment agency; 
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‘‘(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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