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.— 
‘‘(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 
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‘‘(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 
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. 
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‘‘(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 
‘‘(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 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 
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‘‘(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-
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, 
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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 
‘‘(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 
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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 
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. 
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