I 
115TH CONGRESS 
1ST SESSION H. R. 1906 
To provide for the sealing or expungement of records relating to Federal 
nonviolent criminal offenses, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 5, 2017 
Mr. CUMMINGS (for himself, Mr. CONYERS, Ms. JACKSON LEE, Mr. CLAY, Ms. 
LEE, Ms. BASS, Mr. CA´RDENAS, and Ms. NORTON) introduced the fol-
lowing 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 subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee 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 2017’’ or the ‘‘REDEEM Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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. Gender equality in Federal juvenile delinquency proceedings. 
Sec. 8. Ensuring accuracy in the FBI background check system. 
Sec. 9. 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— 
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‘‘(A) has been arrested for or convicted of 
a covered nonviolent offense; 
‘‘(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; 
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‘‘(B) the institution of criminal pro-
ceedings against an individual for the offense; 
or 
‘‘(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; 
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‘‘(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). 
‘‘(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 
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‘‘(II) related criminal acts that 
were committed within a 3-month pe-
riod; or 
‘‘(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 appro-
priate committees of Congress a report that de-
scribes the exercise of discretion by the court 
under subparagraph (B), with all relevant data 
disaggregated by race, ethnicity, gender, and 
the nature of the offense. 
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‘‘§ 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 
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 
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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 
individual is convicted shall, in writing, in-
form the individual, 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.— 
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‘‘(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 
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, in writing, inform 
the individual 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 
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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, in writing, inform the in-
dividual 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. 
‘‘(b) PROCEDURES.— 
‘‘(1) NOTIFICATION TO PROSECUTOR.—If an in-
dividual files a petition under subsection (a) with re-
spect to a covered nonviolent offense or arrest for a 
covered nonviolent offense, the district court in 
which the petition is filed shall provide 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; and 
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‘‘(B) 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 
‘‘(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— 
‘‘(i) except as provided in subpara-
graph (D), conduct a hearing in accord-
ance with subparagraph (B); and 
‘‘(ii) determine whether to enter a 
sealing order for the individual in accord-
ance with paragraph (3). 
‘‘(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-
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resentative to testify or offer evidence at 
the sealing hearing in support of or 
against sealing. 
‘‘(iii) OTHER INDIVIDUALS.—An indi-
vidual who receives notice under paragraph 
(1)(B) 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. 
‘‘(D) WAIVER OF HEARING.—If the peti-
tioner and the United States attorney that re-
ceives notice under paragraph (1)(A) so agree, 
the court shall make a determination under 
paragraph (3) without a hearing. 
‘‘(3) BASIS FOR DECISION.— 
‘‘(A) IN GENERAL.—In determining wheth-
er to enter a sealing order with respect to pro-
tected information relating to a covered non-
violent offense, the court— 
‘‘(i) shall consider— 
‘‘(I) the petition and any docu-
ments in the possession of the court; 
and 
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‘‘(II) all the evidence and testi-
mony presented at the sealing hear-
ing, if such a hearing is conducted; 
‘‘(ii) may not consider any non-Fed-
eral nonviolent crimes for which the peti-
tioner has been arrested or proceeded 
against, or of which the petitioner has been 
convicted; and 
‘‘(iii) shall balance— 
‘‘(I)(aa) the interest of public 
knowledge and safety; and 
‘‘(bb) the legitimate interest, if 
any, of the Government in maintain-
ing the accessibility of the protected 
information, including any potential 
impact of sealing the protected infor-
mation on Federal licensure, permit, 
or employment restrictions; against 
‘‘(II)(aa) the conduct and dem-
onstrated desire of the petitioner to be 
rehabilitated and positively contribute 
to the community; and 
‘‘(bb) the interest of the peti-
tioner in having the protected infor-
mation sealed, including the harm of 
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the protected information to the abil-
ity of the petitioner to secure and 
maintain employment. 
‘‘(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 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 individual may 
use to file a sealing petition. 
‘‘(6) FEE WAIVER.—The Director of the Ad-
ministrative Office of the United States Courts shall 
by regulation establish a minimally burdensome 
process under which indigent petitioners may obtain 
a waiver of any fee for filing a sealing petition. 
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‘‘(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— 
‘‘(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; 
‘‘(B) includes any supporting data that the 
court determines relevant and that does not 
name any petitioner; and 
‘‘(C) disaggregates all relevant data by 
race, ethnicity, gender, and the nature of the 
offense. 
‘‘(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— 
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‘‘(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. 
‘‘§ 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 known to the court that possesses 
a record containing protected information that re-
lates to the offense, including each— 
‘‘(A) law enforcement agency; and 
‘‘(B) public or private correctional or de-
tention facility; 
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‘‘(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; 
‘‘(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 
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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— 
‘‘(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, prosecutorial, or Federal 
supervision purposes; or 
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‘‘(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. 
‘‘(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 position that a Federal agen-
cy designates as a— 
‘‘(I) national security position; or 
‘‘(II) high-risk, public trust posi-
tion. 
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‘‘(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) 
CRIMINAL
AND
JUVENILE
PRO-
CEEDINGS.—A prosecutor may disclose pro-
tected information from a record sealed under 
this subchapter if the information pertains to a 
potential witness in a Federal or State— 
‘‘(i) criminal proceeding; or 
‘‘(ii) juvenile delinquency proceeding. 
‘‘(D) AUTHORIZATION FOR INDIVIDUAL TO 
DISCLOSE OWN RECORD.—An individual who is 
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 or alleged to have been 
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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 
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: 
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‘‘§ 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— 
‘‘(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 
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‘‘(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 
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— 
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‘‘(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; 
‘‘(II) a record of any government 
agency that keeps records relating to 
juvenile delinquency; 
‘‘(III) a medical record; 
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