I 
115TH CONGRESS 
2D SESSION 
H. R. 6669 
To require automatic sealing of certain criminal records, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 14, 2018 
Ms. BLUNT ROCHESTER (for herself, Mr. EVANS, Ms. MOORE, Mr. RUSH, Ms. 
JACKSON LEE, Ms. LEE, Ms. KELLY of Illinois, Mr. DANNY K. DAVIS 
of Illinois, Mr. CLAY, Mr. DAVID SCOTT of Georgia, Mr. AL GREEN of 
Texas, Ms. WILSON of Florida, Ms. EDDIE BERNICE JOHNSON of Texas, 
Mr. JEFFRIES, Ms. CLARKE of New York, Mr. BROWN of Maryland, Mrs. 
LAWRENCE, Mr. CARSON of Indiana, Ms. FUDGE, Ms. NORTON, and Mr. 
PAYNE) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To require automatic sealing of certain criminal records, 
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. 
This Act may be cited as the ‘‘Clean Slate Act of 
2018’’. 
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SEC. 2. SEALING OF CERTAIN RECORDS. 
(a) AMENDMENT.—Subchapter A of chapter 227 of 
title 18, United States Code, is amended by adding at the 
end the following: 
‘‘§ 3560. Automatic sealing of certain records 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘covered individual’ means an in-
dividual who— 
‘‘(A) is not a sex offender; 
‘‘(B)(i) has been arrested for a Federal of-
fense; or 
‘‘(ii) has been convicted of an offense 
under section 404 of the Controlled Substances 
Act (21 U.S.C. 844) or any Federal nonviolent 
offense involving marijuana; and 
‘‘(C) in the case of a conviction described 
in subparagraph (B)(ii), has fulfilled each re-
quirement of the sentence for the offense, in-
cluding— 
‘‘(i) completing each term of imprison-
ment, probation, or supervised release; and 
‘‘(ii) satisfying each condition of im-
prisonment, probation, or supervised re-
lease; 
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‘‘(2) the term ‘nonviolent offense’ means an of-
fense that is not a crime of violence, as defined in 
subsections (a) and (c) of section 3156; and 
‘‘(3) the term ‘sex offender’ has the meaning 
given the term in section 111 of the Adam Walsh 
Child Protection and Safety Act of 2006 (42 U.S.C. 
16911). 
‘‘(b) AUTOMATIC SEALING FOR CERTAIN ARRESTS 
AND NONVIOLENT OFFENSES.— 
‘‘(1) IN GENERAL.—At the time of sentencing 
of a covered individual for a conviction pursuant to 
section 404 of the Controlled Substances Act (21 
U.S.C. 844) or of any Federal nonviolent offense in-
volving marijuana, the court shall enter an order 
that each record and portion thereof that relates to 
the offense shall be sealed automatically on the date 
that is one year after the covered individual fulfills 
each requirement of the sentence, except that such 
record shall not be sealed if the individual has been 
convicted of a subsequent criminal offense. 
‘‘(2) ACQUITTAL; DETERMINATION NOT TO FILE 
CHARGES.— 
‘‘(A) ACQUITTAL.—Sixty days after the 
date on which a covered individual is acquitted, 
exonerated, or otherwise subject to a judgment 
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which did not result in a conviction for a Fed-
eral offense, each record or portion thereof that 
relates to the Federal offense shall be sealed 
automatically. 
‘‘(B) 
DETERMINATION
NOT
TO
FILE 
CHARGES.— 
‘‘(i) IN GENERAL.—If a covered indi-
vidual is arrested for a Federal offense and 
the Government does not file charges 
against the covered individual in relation 
to the Federal offense before the date that 
is 180 days after the date on which the ar-
rest was made, each record or portion 
thereof that relates to the arrest and Fed-
eral offense shall be sealed automatically 
on such date. 
‘‘(ii) UNSEALING
FOR
FILING
OF 
CHARGES.—At the request of the Govern-
ment, a court may unseal a record sealed 
under clause (i) in order for the Govern-
ment to file charges against the covered in-
dividual in relation to the Federal offense 
described in clause (i). 
‘‘(iii) LIMITATION.—If a record is un-
sealed under clause (ii), the record may 
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only be resealed in accordance with sub-
paragraph (A), paragraph (1), or para-
graph (2). 
‘‘(c) NOTICE OF AUTOMATIC SEALING.—Not later 
than 60 days after an individual is arrested for a Federal 
offense, the Attorney General shall, in writing, inform the 
individual of the automatic sealing of records and the ef-
fect of such sealing under this section. 
‘‘(d) EFFECT OF SEALING ORDER.— 
‘‘(1) PROTECTION
FROM
ACCESS.—Except as 
provided in paragraph (3), a record that has been 
sealed under subsection (b) shall not be accessible to 
any person. 
‘‘(2) PROTECTION FROM PERJURY LAWS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a covered individual with re-
spect to whom a record has been sealed under 
subsection (b) shall not be required to disclose 
such information, and shall not be subject to 
prosecution under any civil or criminal provi-
sion of Federal or State law relating to perjury, 
false swearing, or making a false statement, in-
cluding under section 1001, 1621, 1622, or 
1623, for failing to recite or acknowledge any 
information that has been sealed with respect to 
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the offense, or respond to any inquiry made of 
the covered individual, relating to the protected 
information. 
‘‘(B) EXCEPTION.—A covered individual 
shall disclose information contained in a record 
that has been sealed under subsection (b)— 
‘‘(i) when testifying in court; 
‘‘(ii) in the course of questioning by a 
law enforcement officer in connection with 
a subsequent criminal investigation; or 
‘‘(iii) in connection with employment 
described in subclause (I) or (II) of para-
graph (3)(A)(ii) that the individual is seek-
ing. 
‘‘(3) BACKGROUND
CHECKS.—Except as pro-
vided in paragraph (4), a sealed record of a covered 
individual shall not be included in any background 
check conducted on the covered individual. 
‘‘(4) LAW ENFORCEMENT AND COURT EXCEP-
TION.— 
‘‘(A) ACCESS.—An officer or employee of a 
law enforcement agency or a court may access 
a sealed record of a covered individual in the 
possession of the agency or court, or another 
law enforcement agency or court, solely— 
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‘‘(i) for investigatory or prosecutorial 
purposes; or 
‘‘(ii) for a background check that re-
lates to— 
‘‘(I) employment with a law en-
forcement agency; or 
‘‘(II) any position that a Federal 
agency designates as a— 
‘‘(aa) national security posi-
tion; or 
‘‘(bb) high-risk, public trust 
position. 
‘‘(B) DISCLOSURE.—An officer or em-
ployee of a law enforcement agency or a court 
may disclose information contained in a sealed 
record only in order to carry out the purposes 
described in subparagraph (A). 
‘‘(e) PENALTY FOR UNAUTHORIZED DISCLOSURE.— 
‘‘(1) IN
GENERAL.—Whoever knowingly ac-
cesses or discloses information contained in a sealed 
record in a manner that is prohibited under this sec-
tion, shall be fined under this title, imprisoned for 
not more than 1 year, or both. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection prevents a covered individual or an 
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individual who was the victim of an offense from ac-
cessing or disclosing information contained in a 
sealed record. 
‘‘(f) RULEMAKING.—The Attorney General shall, by 
rule, establish a process to ensure that any record in the 
possession of a Federal agency required to be sealed under 
this section, is automatically sealed in accordance with this 
section. 
‘‘(g) APPLICABILITY.—This section shall apply to an 
arrest or conviction that occurred or was entered before, 
on, or after the date of enactment of this section. Not later 
than 2 years after the date of the enactment of this sec-
tion, the Attorney General shall ensure that any record 
related to an arrest or conviction that occurred or was en-
tered prior to the automatic sealing of such a record, 
which record is required to be sealed under this section, 
is so sealed. 
‘‘§ 3561. Sealing of certain records upon petition 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘covered nonviolent offense’ 
means a Federal criminal offense that is not— 
‘‘(A) a crime of violence (as defined in sub-
sections (a) and (c) of section 3156); or 
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‘‘(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— 
‘‘(A) has been convicted of a covered non-
violent offense; 
‘‘(B) has fulfilled each requirement of the 
sentence for the covered nonviolent offense, in-
cluding— 
‘‘(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) has not been convicted of more than 
2 felonies that are covered nonviolent offenses, 
including any such convictions that have been 
sealed (except that for purposes of this sub-
paragraph, two or more felony convictions that 
are covered nonviolent offenses arising out of 
the same act, or acts committed at the same 
time, shall be treated as 1 felony conviction); 
and 
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‘‘(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; 
‘‘(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 ‘sealing hearing’ means a hearing 
held under subsection (c)(2); and 
‘‘(6) the term ‘sealing petition’ means a petition 
for a sealing order filed under subsection (b). 
‘‘(b) RIGHT TO FILE SEALING PETITION.— 
‘‘(1) IN GENERAL.—On and after the date that 
is 1 year after the date on which the eligible indi-
vidual has fulfilled each requirement described in 
subsection (a)(2)(B), an eligible individual may file 
a petition for a sealing order with respect to a cov-
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ered nonviolent offense in a district court of the 
United States. 
‘‘(2) NOTICE OF OPPORTUNITY TO FILE PETI-
TION.— 
‘‘(A) IN
GENERAL.—If an individual is 
convicted of a covered nonviolent offense and 
will potentially be eligible to file a sealing peti-
tion with respect to the offense upon fulfilling 
each requirement of the sentence for the offense 
as described in subsection (a)(2)(B), the court 
in which the individual is convicted shall, in 
writing, inform the individual, on each date de-
scribed in subparagraph (B), of— 
‘‘(i) that potential eligibility; 
‘‘(ii) the necessary procedures for fil-
ing the sealing petition; and 
‘‘(iii) the benefits of sealing a record. 
‘‘(B) DATES.—The dates described in this 
subparagraph are— 
‘‘(i) the date on which the individual 
is convicted; and 
‘‘(ii) the date on which the individual 
has completed every term of imprisonment, 
probation, or supervised release relating to 
the offense. 
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‘‘(c) PROCEDURES.— 
‘‘(1) NOTIFICATION TO PROSECUTOR.—If an in-
dividual files a petition under subsection (b), the dis-
trict 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 the petitioner for the of-
fense; and 
‘‘(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 
‘‘(ii) reasons that the sealing order 
should be entered. 
‘‘(2) HEARING.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days 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). 
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‘‘(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-
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.— 
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‘‘(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 
‘‘(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-
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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 
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 
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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. 
‘‘(7) EFFECT
OF
SEALING.—Subsections (d) 
and (e) of section 3560 shall apply to any record 
that is sealed under this section. 
‘‘(8) 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— 
‘‘(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 
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‘‘(C) disaggregates all relevant data by 
race, ethnicity, gender, and the nature of the 
offense. 
‘‘(9) 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— 
‘‘(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. 
‘‘(10) RULE
OF
CONSTRUCTION.—Nothing in 
this section may be construed to require a covered 
individual (as such term is defined in section 3560) 
to submit a sealing petition with respect to records 
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required to be automatically sealed under section 
3560.’’. 
(b) TABLE OF SECTIONS.—The table of sections for 
subchapter A of chapter 227 of title 18, United States 
Code, is amended by inserting after the item relating to 
section 3559 the following: 
‘‘3560. Automatic sealing of certain records. 
‘‘3561. Sealing of certain records upon petition.’’. 
Æ 
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