‘‘(2) in the case of a program that provides job 
training, placement services, and mentoring to 
former incarcerated firefighters and to other individ-
uals during reentry, to pay costs related to the par-
ticipation of such former incarcerated firefighters in 
the program. 
‘‘(3) evaluate and implement methods to im-
prove the employment opportunities of incarcerated 
firefighters upon reentry; and 
‘‘(4) identify, and make recommendations re-
garding, best practices relating to reentry and the 
employment of incarcerated firefighters as full-time 
firefighters during reentry. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) a private non-profit organization 
under section 501(c)(3) of the Internal Revenue 
Code of 1986; 
‘‘(B) a local workforce development board; 
‘‘(C) a State or local government; or 
‘‘(D) an Indian or Native American entity 
eligible for grants under section 166. 
‘‘(2) INCARCERATED FIREFIGHTER.—The term 
‘incarcerated firefighter’ has the meaning given such 
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term in section 3(z) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 203(z)). 
‘‘(3) REENTRY
PERIOD.—The term ‘reentry’ 
means, in relation to an individual, the 180-day pe-
riod beginning on the date on which such individual 
is released from incarceration.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
173(d) of the Workforce Innovation and Opportunity Act 
as redesignated by subsection (a) of this section is amend-
ed by striking ‘‘section 169’’ and inserting ‘‘sections 169 
and 172’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Workforce Innovation and Oppor-
tunity Act is amended— 
(1) by redesignating the item relating to section 
172 as section 173; and 
(2) by inserting after the item relating to sec-
tion 171 the following: 
‘‘SEC. 173. INCARCERATED FIREFIGHTER REENTRY PRO-
GRAM GRANTS.’’. 
SEC. 7. EXPUNGEMENT OF CERTAIN OFFENSES. 
(a) IN GENERAL.—An eligible incarcerated fire-
fighter may file a petition under this section for 
expungement. 
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(b) EXTENUATING CIRCUMSTANCES.—If extenuating 
circumstances prevent an incarcerated firefighter from ful-
filling the requirements of their sentence, as required 
under subsection (i)(1), the court, in its discretion, may 
waive a portion of such requirement and determine the 
incarcerated firefighter is an eligible incarcerated fire-
fighter. 
(c) PROCEDURE FOR EXPUNGEMENT.— 
(1) PETITION.—A petition for expungement 
may be filed only in the court in which the eligible 
incarcerated firefighter was convicted of the offense 
for which expungement is sought. The clerk of the 
court shall serve that petition on the United States 
attorney for that district. Except as provided under 
paragraph (5), not later than 60 days after service 
of such petition, the United States attorney may 
submit recommendations to the court and provide a 
copy of those recommendations to the firefighter. 
(2) APPOINTMENT
OF
COUNSEL.—The court 
shall appoint counsel upon the request of an indigent 
eligible incarcerated firefighter to represent the fire-
fighter in proceedings under this section, including 
the preparation of a petition or subsequent petition 
under this section. 
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(3) SUBMISSION
OF
EVIDENCE.—The eligible 
incarcerated firefighter and the U.S. attorney, as 
noted under paragraph (1), may file with the court 
evidence relating to the petition. 
(4) BASIS FOR DECISION.—In making a deci-
sion on the petition, the court shall consider all evi-
dence and weigh the interests of the eligible incar-
cerated firefighter, the best interests of justice, and 
public safety. 
(5) SUBSEQUENT PETITION.—If the court de-
nies the petition, the petitioner may not file another 
such petition under paragraph (1) until the date 
that is 2 years after the date of such denial. 
(6) MANDATORY GRANT OF PETITION.—Except 
as provided in subparagraph (B), the court shall 
grant the petition of an eligible incarcerated fire-
fighter who files the petition on a date that is not 
earlier than the date that is 7 years after the date 
on which the petitioner has fulfilled the require-
ments of the sentence, as described in subsection 
(i)(1). The United States Attorney may not submit 
recommendations under paragraph (1) with regard 
to that petition. 
(7) DISCRETIONARY GRANT OF PETITION.—Ex-
cept as provided in subparagraph (B), the court may 
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grant the petition of an eligible incarcerated fire-
fighter who files the petition on a date that is not 
earlier than the date that is 1 year after the date 
on which the petitioner has fulfilled the require-
ments of the sentence, as described in subsection 
(i)(1). 
(d) NOTIFICATION
OF EXPUNGEMENT.—Not later 
than 7 days after granting an expungement petition, in 
order to facilitate the timely update of relevant records, 
the court shall send a copy of the petition and final order 
to— 
(1) the Attorney General of the United States; 
(2) the chief law enforcement officer of the 
State in which the crime was committed; 
(3) the chief law enforcement officer of the 
State in which the eligible incarcerated firefighter 
resides; 
(4) any local law enforcement agency that 
serves the jurisdiction in which the crime was com-
mitted; and 
(5) any local law enforcement agency that 
serves the jurisdiction in which the eligible incarcer-
ated firefighter resides. 
(e) EFFECT OF EXPUNGEMENT.— 
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(1) 
IN
GENERAL.—An 
order 
granting 
expungement under this section shall restore the eli-
gible incarcerated firefighter concerned, in the con-
templation of the law, to the status such individual 
occupied before the arrest or institution of criminal 
proceedings for the offense that was the subject of 
the expungement. 
(2) SENTENCING.—In determining an appro-
priate sentence for unrelated subsequent criminal 
conduct, a court of the United States shall not con-
sider an expunged criminal conviction for the pur-
poses of determining the appropriate sentencing 
range pursuant to the United States Sentencing 
Guidelines, or to sentence a person outside of that 
sentencing range. 
(3) NO DISQUALIFICATION; STATEMENTS.—An 
eligible incarcerated firefighter whose petition under 
this section is granted shall not be required to di-
vulge information pertaining to the offense with re-
gard to which expungement was granted, nor shall 
such firefighter be held under any provision of law 
guilty of perjury, false answering, or making a false 
statement by reason of the failure of the firefighter 
to recite or acknowledge such arrest or institution of 
criminal proceedings, or results thereof, in response 
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(f) DISCLOSURE OF EXPUNGED RECORDS.— 
(1) DEPARTMENT OF JUSTICE RECORDS.—The 
Attorney General shall retain an unaltered nonpublic 
copy of— 
(A) any record that is expunged; and 
(B) any record containing a reference that 
is expunged. 
(2) LAW ENFORCEMENT PURPOSES.—The At-
torney General shall maintain a nonpublic index of 
the records described under paragraph (1) con-
taining, for each such record, only the name of, and 
alphanumeric identifiers that relate to, the eligible 
incarcerated firefighter who is the subject of such 
record, the word ‘‘expunged’’, and the name of the 
person, agency, office, or department that has cus-
tody of the expunged record, and shall not name the 
offense committed. The index shall be made avail-
able only to an entity to which records may be made 
available under paragraph (4) or to any Federal or 
State law enforcement agency that has custody of 
such records. 
(3) COURT RECORDS.—The court shall retain 
an unaltered nonpublic copy of— 
(A) any record that is expunged; and 
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(B) any record containing a reference that 
is expunged. 
(4) AUTHORIZED DISCLOSURES.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), any record described in 
paragraph (1) pertaining to an individual may 
be made available only— 
(i) to the eligible incarcerated fire-
fighter; 
(ii) to a Federal or State court or 
Federal, State, or local law enforcement 
agency, in the case of a criminal investiga-
tion or prosecution of an individual or in 
conducting a background check on an indi-
vidual who has applied for employment by 
such court or agency; or 
(iii) to a Federal or State court or 
Federal, State, or local law enforcement 
agency for the exclusive purpose of main-
taining accurate official records. 
(B) AUTHORIZED DISCLOSURE TO INDIVID-
UALS.—On application of the eligible incarcer-
ated firefighter, the record may be available to 
an individual identified in the firefighter’s ap-
plication. 
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(g) PUNISHMENT
FOR IMPROPER DISCLOSURE.— 
Whoever intentionally makes or attempts to make a disclo-
sure, other than a disclosure authorized under subsection 
(f), of any record or reference that is expunged under this 
section, shall be fined under title 18, United States Code, 
imprisoned not more than one year, or both. 
(h) EFFECTIVE DATE.—The amendments made by 
this section shall apply to individuals convicted of an of-
fense before, on, or after the date of the enactment of this 
Act. 
(i) DEFINITIONS.—In this section— 
(1) ELIGIBLE INCARCERATED FIREFIGHTER.— 
The term ‘‘eligible incarcerated firefighter’’ means 
an incarcerated firefighter convicted of an offense 
who has fulfilled the requirements of the sentence of 
the court in which the firefighter was convicted, in-
cluding— 
(A) paying, or consistently fulfilling obliga-
tions of a payment plan for, all applicable fines, 
restitutions, or assessments; 
(B) completion of any term of imprison-
ment or period of probation; 
(C) meeting all conditions of supervised re-
lease; and 
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(D) if so required by the terms of the sen-
tence, remaining free from dependency on or 
abuse of alcohol or a controlled substance for a 
period of not less than 1 year. 
(2) INCARCERATED
FIREFIGHTER.—The term 
‘‘incarcerated firefighter’’ shall have the meaning 
given such term in section 3(z) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 203(z)). 
Æ 
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