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; 
VerDate Sep 11 2014 
03:57 Apr 12, 2017
Jkt 069200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H1906.IH
H1906
lotter on DSK5VPTVN1PROD with BILLS
‘‘(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-
VerDate Sep 11 2014 
03:57 Apr 12, 2017
Jkt 069200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H1906.IH
H1906
lotter on DSK5VPTVN1PROD with BILLS
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 
VerDate Sep 11 2014 
03:57 Apr 12, 2017
Jkt 069200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H1906.IH
H1906
lotter on DSK5VPTVN1PROD with BILLS
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 
VerDate Sep 11 2014 
03:57 Apr 12, 2017
Jkt 069200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H1906.IH
H1906
lotter on DSK5VPTVN1PROD with BILLS
‘‘(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 
VerDate Sep 11 2014 
03:57 Apr 12, 2017
Jkt 069200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H1906.IH
H1906
lotter on DSK5VPTVN1PROD with BILLS
‘‘(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 
VerDate Sep 11 2014 
03:57 Apr 12, 2017
Jkt 069200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H1906.IH
H1906
lotter on DSK5VPTVN1PROD with BILLS