records and responding to requests for in-
formation in or about such records; or 
(iii) is designated by the Governor or 
other appropriate executive official or the 
legislature of a State to perform central-
ized recordkeeping functions for official 
records, including the collection, storage, 
maintenance, updating, and dissemination 
of such records and responding to requests 
for information in or about such records; 
or 
(C) a Federal or State inspector general in 
their review of other criminal justice agencies. 
(2) OFFICIAL
RECORD.—The term ‘‘official 
record’’ means— 
(A) any documentation or other informa-
tion on an individual, in electronic or physical 
form, consisting of identifiable descriptions or 
notations by criminal justice agencies about 
that individual, regarding— 
(i) investigations (including ques-
tioning and searches and seizures) or ar-
rests conducted by criminal justice agen-
cies, as well as decisions not to refer cases 
for prosecution or other legal proceedings; 
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(ii) institution of prosecution or other 
legal proceedings by indictment, complaint, 
information, other formal criminal charge, 
summons or citation, juvenile certification 
(pursuant to section 5032 of title 18, 
United States Code), or notice of civil pen-
alty; and 
(iii) results or consequences of clauses 
(i) and (ii), including court-ordered deten-
tion, pretrial and post-trial release, diver-
sion, non-prosecution or deferred prosecu-
tion, deferred adjudication, pleas (includ-
ing not-guilty pleas, guilty pleas, and nolo 
contendere), nolle prosequi, competence 
findings, dismissal, acquittal, conviction, 
mistrial, juvenile adjudication, sentencing, 
correctional 
supervision, 
rehabilitation, 
probation, parole, release, and imposition 
of a civil penalty; and 
(B) the term does not include identification 
information, such as fingerprint records, if such 
information does not indicate involvement of the 
individual with an ‘‘expungable event’’ as de-
fined by paragraph (7). 
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(3) EXPUNGE.—The term ‘‘expunge’’ means to 
remove an official record and any references to it in 
any other official record (including an official index 
or list), except for publicly available court opinions 
and legal briefs. 
(4) SEAL.—The term ‘‘seal’’ means to store se-
curely any expunged records possessed by the court 
issuing the expungement order to prevent access to 
such records except pursuant to section 7 or by fur-
ther order of the court. 
(5) SEQUESTER.—The term ‘‘sequester’’ means 
to retain an unaltered nonpublic copy of an ex-
punged official record and any other official record 
(including an official index or list) subject to an 
expungement order, and to store such records in a 
separate, secure area to prevent access to those 
records except pursuant to section 7 or by further 
order of the court issuing the expungement order. 
(6) REDACT.—The term ‘‘redact’’ means to re-
move or obscure from an official record any ref-
erences to an expunged record, including, as nec-
essary and consistent with paragraph (2)(B), any 
identifying information. 
(7) 
EXPUNGABLE
EVENT.—The 
term 
‘‘expungable event’’ means— 
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(A) an investigation, arrest, prosecution, 
initiation of other legal proceedings, and any re-
sults or consequences, as defined by paragraphs 
(2)(A)(i) through (iii), for violating, attempting 
to violate, or conspiring to violate the following, 
as well as sentencing (including probation), or 
imposition of civil penalty under Federal law, 
including but not limited to the United States 
Code or Uniform Code of Military Justice; and 
(B) to be considered an expungable event 
for the purposes of this Act— 
(i) 
the 
individual 
seeking 
expungement must have received, for the 
expungable event, a full, unconditional par-
don by the President of the United States, 
notwithstanding part 1 of title 28 of the 
Code of Federal Regulations; and 
(ii) does not include any Presidential 
act of clemency which is other or less than 
a full, unconditional pardon by the Presi-
dent of the United States in exercise of ar-
ticle II pardon power. 
(8) STATE.—The term ‘‘State’’ means any 
State of the United States, the District of Columbia, 
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Puerto Rico, and any other Territory, Federal en-
clave, or outlaying possession of the United States. 
(9) TRIBAL
NATION.—The term ‘‘Tribal Na-
tion’’ has the same meaning as the term ‘‘Indian 
Tribe’’ as described in section 4(e) of the Indian 
Self-Determination and Education Assistance Act 
(25 U.S.C. 5304(e)). 
(10) INTELLIGENCE
COMMUNITY.—The term 
‘‘intelligence community’’ has the same meaning as 
in section 3(4) of the National Security Act of 1947 
(50 U.S.C. 3003(4)). 
(11) INTELLIGENCE.—The term ‘‘intelligence’’ 
has the same meaning as in section 3(1) of the Na-
tional Security Act of 1947 (50 U.S.C. 3003(1)). 
SEC. 4. COURT REVIEW FOR EXPUNGEMENT. 
(a) PROCEDURES.—No later than 1 year after the 
date of the enactment of this Act, the Director of the Ad-
ministrative Office of the United States Courts or their 
designee(s) (hereby referred to as ‘‘Director’’) shall pro-
mulgate 
procedures 
or 
practices 
for 
the 
review, 
expungement, sealing, sequester, and redaction of official 
records pursuant to and consistent with the provisions of 
this Act, and to facilitate the study of such records pursu-
ant to section 7 of this Act. In determining such proce-
dures or practices, the Director may consult with relevant 
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entities, including the Attorney General of the United 
States and any agency within the United States Depart-
ment of Justice (including the Federal Bureau of Inves-
tigation, the Drug Enforcement Agency, the Federal Bu-
reau of Prisons, and the Office of the Pardon Attorney), 
representatives of the United States Sentencing Commis-
sion, representatives of the Federal Defenders Organiza-
tions, scholars and subject-matter experts, and the Comp-
troller General of the United States. 
(b) REVIEW.—No later than 2 years after the date 
of the enactment of this Act, the chief judge for each Fed-
eral district court shall conduct a comprehensive review 
of its official records, pursuant to the procedures or prac-
tices promulgated by the Director under subsection (a), 
and the chief judge shall issue a court order expunging, 
sealing, and sequestering— 
(1) each official record for an expungable event; 
and 
(2) any other official record related to or ref-
erencing an expungable event, unless such other offi-
cial record is for a felony or for a misdemeanor un-
related to the pardoned offenses, in which case the 
court shall redact from such other official record any 
reference to the expunged official record, and seal or 
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order the sequester of an unaltered nonpublic copy 
of such other official record. 
(c) NOTIFICATION
OF EXPUNGEMENT.—Not later 
than 7 days after issuing an expungement order, to notify 
affected criminal justice agencies and to facilitate the 
timely update of relevant records, the court shall send a 
copy of the final order to— 
(1) the Attorney General of the United States, 
the United States Attorney for that district in which 
the order was issued expunging the event, and the 
relevant criminal justice agency (as defined by para-
graph (1)(B)(iii) of section 3) that serves the juris-
diction in which order was issued expunging the 
event, or if no such agency exists, the chief law en-
forcement officer of the State or Tribal Nation in 
which the order was issued expunging the event; 
(2) the extent practicable, the individual subject 
to the issued order expunging the event shall be no-
tified about the expungement of an official record to 
such individual shall provide information about the 
effect of such expungement; and 
(3) upon motion or written request of an indi-
vidual whose official record has been expunged pur-
suant to this section, the court shall send a copy of 
the final order to— 
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(A) the relevant criminal justice agency (as 
defined by paragraph (1)(B)(iii) of section 3) 
that serves the jurisdiction in which the indi-
vidual resides or, if no such agency exists, the 
chief law enforcement officer of the State in 
which the individual resides, when such criminal 
justice agency or chief law enforcement officer 
is different from those notified pursuant to 
paragraph (1); and 
(B) any local law enforcement agency that 
serves the jurisdiction in which the individual 
resides. 
A notification pursuant to this subsection shall not be or 
become a publicly accessible record that identifies the indi-
vidual who is the subject of the expungement order, and 
such notifications shall not be used by criminal justice 
agencies except for purposes of complying with this Act 
and court orders issued pursuant to it. 
(d) MOTION
FOR RECONSIDERATION.—Not later 
than 60 days after the issuance of order expunging an 
event, the Attorney General of the United States or the 
United States Attorney for the district in which the order 
expunging the event was issued may petition the court for 
reconsideration by timely filing a request in accordance 
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with the applicable Federal rules of procedure and, as best 
as practicable, providing notice to the affected individual. 
(1) GOVERNMENT BURDEN.—The Government 
shall bear the burden of proving by a preponderance 
of evidence that the event expunged was not an 
expungable event or that the interests of justice and 
of public safety weigh against expungement. 
(2) EVIDENCE ALLOWED AND FEDERAL RULES 
APPLY.—The Government or an Intervener may sub-
mit to the court relevant evidence and proceedings 
shall be undertaken consistent with the applicable 
rules of Federal procedure. 
(3) INTERVENTION.—The individual subject to 
the order issued expunging the event may, as a mat-
ter of right, intervene in any such reconsideration. 
(e) APPEAL.—Not later than 60 days after the denial 
of a motion for reconsideration, the Attorney General of 
the United States and the United States Attorney for the 
district in which the order expunging the event was issued 
may appeal such final order or denial to the United States 
Circuit Court of Appeals for that district by timely filing 
a Notice of Appeal in accordance with the applicable Fed-
eral rules of procedure. The individual subject to the order 
issued expunging the event shall be the respondent in any 
such proceeding. 
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SEC. 5. PETITIONING COURT FOR EXPUNGEMENT. 
(a) PETITION.—Beginning on the date of enactment 
of this Act, any individual with respect to whom there is 
an official record for an expungable event may file a mo-
tion for expungement in the court for the Federal district 
in which the official record was entered. 
(b) SERVICE AND RESPONSE.—The clerk of the court 
shall serve that petition on the United States Attorney for 
that district. 
(c) REPRESENTATION AND FEES.—No fee shall be 
imposed for filing a petition in any proceeding provided 
for under this section. If an indigent petitioner submits 
a facially viable claim for expungement (in the discretion 
of the court) that nonetheless requires the assistance of 
legal counsel for purposes of filing a superseding petition, 
presenting evidence in support of the petition, or respond-
ing to the Government, counsel shall be appointed to rep-
resent the individual in proceedings under this section. 
(d) EVIDENCE, STANDARDS, AND ORDERS.— 
(1) FEDERAL
RULES
APPLY.—The Federal 
rules of procedure and evidence shall apply to these 
petitioning processes. 
(2) EVIDENCE ALLOWED.—The petitioner and 
the Government may submit to the court relevant 
evidence. 
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(3) PETITIONER’S INITIAL BURDEN.—The peti-
tioner bears the initial burden to establish a prima 
facie case that the official record in question is for 
an expungable event, at which point the burden 
shifts to the Government to establish by a prepon-
derance of the evidence that the official record is not 
for an expungable event or the requirements for 
expungement have not been met. 
(4) EXPUNGEMENT ORDERS.— 
(A) EXPUNGEMENT.—If the Government 
fails to respond to the petition or fails to meet 
its burden under subsection (d)(2) of this sec-
tion, the court shall enter an appropriate order 
for the expungement, sealing, sequester, and re-
daction of official records of the investigation, 
arrest, legal proceedings, and any legal results 
or consequences, as defined by paragraphs 
(2)(A)(i) through (iii) of section 3. 
(B) OTHER RECORDS AND LIMITATIONS.— 
In 
addition, 
the 
court 
shall 
order 
the 
expungement, sealing, sequester, and redaction 
of any other official record referencing the ex-
punged official record, unless such other official 
record is unrelated to the expungable event, in 
which case the court shall redact from such 
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other official record any reference to the ex-
punged official record, and seal or order the se-
quester of an unaltered nonpublic copy of such 
other official record. 
(e) NOTIFICATION OF EXPUNGEMENT.— 
(1) AUTOMATIC COPIES.—Not later than 7 days 
after granting an expungement petition, to facilitate 
the timely update of relevant records, the court shall 
send a copy of the petition and final order to— 
(A) the Attorney General of the United 
States, the United States Attorney for that dis-
trict, and the relevant criminal justice agency 
(as defined by paragraph (1)(B)(ii) of section 
3); and 
(B) the relevant criminal justice agency (as 
defined by paragraph (1)(B)(iii) of section 3) 
that serves the jurisdiction in which the 
expungable event occurred or was obtained, or-
dered, or imposed (as the case may be), or if 
no such agency exists, the chief law enforce-
ment officer of the State in which the 
expungable event occurred or was obtained, or-
dered, or imposed. 
(2) REQUESTED COPIES.—Upon motion or writ-
ten request of a petitioner whose expungement peti-
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tion was granted, the court shall send a copy of the 
petition and final order to— 
(A) the relevant criminal justice agency (as 
defined by paragraph (1)(B)(iii) of section 3) 
that serves the jurisdiction in which the peti-
tioner resides or, if no such agency exists, the 
chief law enforcement officer of the State in 
which the petitioner resides, when such criminal 
justice agency or chief law enforcement officer 
is different from those notified pursuant to 
paragraph (1)(B); and 
(B) any local law enforcement agency that 
serves the jurisdiction in which the petitioner 
resides. 
(3) NOTIFICATIONS AND COPIES NOT TO BE AC-
CESSIBLE RECORDS.—Notifications pursuant to this 
subsection shall not be or become publicly accessible 
records about the expungable event, including infor-
mation identifying the individual who is the subject 
of the expungement order; and such notifications 
shall not be used by criminal justice agencies except 
for purposes of complying with this Act and court 
orders issued pursuant to it. 
(f) APPEAL.— 
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(1) GOVERNMENT.—Not later than 60 days 
after the issuance of an expungement order, the At-
torney General of the United States and the United 
States Attorney for that district may appeal such 
order to the United States Circuit Court of Appeals 
for that district by timely filing a Notice of Appeal 
in accordance with the applicable Federal rules of 
procedure. 
(2) PETITIONER.—Not later than 30 days after 
the denial of their petition, the petitioner may ap-
peal that denial to the United States Circuit Court 
of Appeals for that district by timely filing a Notice 
of Appeal in accordance with the applicable Federal 
rules of procedure. 
SEC. 6. EFFECT OF EXPUNGEMENT. 
(a) IN GENERAL.—An order of expungement, con-
sistent with this Act, shall restore the affected individual 
to the legal status they occupied before the investigation, 
arrest, legal proceedings, and any legal results or con-
sequences, as defined by paragraphs (2)(A)(i) through (iii) 
of section 3, for which they are the subject of an expunged 
official record, as if such record had never existed and un-
derlying activity had never occurred. 
(b) SELF-DISCLOSURE.—An individual who is the 
subject of an expungement order may treat the expunged 
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official record of an investigation, arrest, legal pro-
ceedings, and any legal results or consequences, as defined 
by paragraphs (2)(A)(i) through (iii) of section 3, as if 
it never occurred or never was obtained, ordered, or im-
posed (as the case may be); and to the maximum extent 
Federal law may demand it, that individual shall not be 
held thereafter under any provision of law to be guilty of 
perjury, false swearing, or making a false statement for 
failure to disclose, recite, or acknowledge such official 
record or the underlying activity with led to its original 
generation. 
(c) NO DISQUALIFICATION.—Notwithstanding any 
other law, any individual who has an expunged official 
record, including a conviction, shall not be disqualified 
under Federal law from pursuing or engage in any Federal 
employment, contracting, lawful activity, occupation, or 
profession. 
(d) LIMITATIONS.—Nothing in this Act is intended 
to create a right to compensation, restitution, or any mon-
etary damages in law or equity. 
(e) COMPLIANCE.— 
(1) APPLICABILITY.—This Act and courts or-
ders issued pursuant to it shall apply to— 
(A) Federal criminal justice agencies and 
commissions; 
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(B) all other Federal agencies and commis-
sions, including the Executive Office of the 
President, in possession of expunged documents 
or related official documents; 
(C) State and local criminal justice agen-
cies in possession of official records order pur-
suant to Federal law or participation in a Fed-
eral 
program 
that 
are 
subject 
to 
an 
expungement order, including but not limited to 
records kept under— 
(i) section 9101 of title 5, United 
States Code; 
(ii) section 922 of title 18, United 
States Code; 
(iii) section 103 of the Brady Hand-
gun Violence Prevention Act (National In-
stant Criminal Background Check System, 
18 U.S.C. 922 note); 
(iv) section 534 of title 28, United 
States Code; 
(v) the Omnibus Crime Control and 
Safe Streets Act of 1968 (34 U.S.C. 
10101 et seq. (Justice System Improve-
ment)); 
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(vi) section 210304 of the Violent 
Crime Control and Law Enforcement Act 
of 1994 (34 U.S.C. 12592); 
(vii) section 3 of the National Child 
Protection Act of 1993 (34 U.S.C. 40102); 
(viii) the Crime Identification Tech-
nology Act of 1998 (34 U.S.C. 40301 et 
seq.); 
(ix) the National Criminal History Ac-
cess and Child Protection Act (34 U.S.C. 
40311 et seq.); 
(x) section 4 of the Katie Sepich En-
hanced DNA Collection Act of 2012 (34 
U.S.C. 40743); 
(xi) the NICS Improvement Amend-
ments Act of 2007 (34 U.S.C. 40902 et 
seq.); 
(xii) sections 0.85(j) and 50.12 of title 
28, Code of Federal Regulations (or any 
successor regulations); and 
(xiii) parts 20, 23, 25(A), of title 28, 
Code of Federal Regulations (or any suc-
cessor regulations); and 
(D) any consumer credit agency (as de-
fined in section 603(f) of the Consumer Credit 
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Protection Act (15 U.S.C. 1681a(f))) subject to 
the Fair Credit Reporting Act (15 U.S.C. 1681 
et seq.). 
(2) COVERED ENTITIES.—An individual or enti-
ty covered by subsection (e)(1)— 
(A) shall comply with a court order issued 
pursuant to this section and, to the extent pos-
sible, conform their official records to be con-
sistent with such order; 
(B) shall respond to any inquiries as 
though any official record subject to an 
expungement order issued pursuant to this Act 
does not exist; or, in the case of another official 
record subject to an expungement order and 
consistent with paragraph (2)(B) of section 3, 
subsection (b)(2) of section 4, and subsection 
(d)(4)(B) of section 5, shall respond as though 
that other official record does not reference the 
expunged official record in accordance with the 
issued court order; and 
(C) shall not disseminate, use internally, or 
reveal the existence of expunged records for any 
purpose, except as authorized under this Act or 
by further order of the court issuing the 
expungement order. 
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