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. 
‘‘(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 
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‘‘(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) NOTIFICATION TO CRIME VICTIMS.—Upon 
receipt of a notification under paragraph (1)(A) by 
an office of the United States attorney, the office 
shall make reasonable efforts to identify any indi-
vidual who was a crime victim (as such term is de-
fined in section 3771) of the offense and provide no-
tice of the petition. 
‘‘(3) 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 (4). 
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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.—At the 
request of a petitioner, the district court in 
which the petition is filed shall issue a sub-
poena requiring an individual who receives 
notice under paragraph (1)(B) to testify or 
offer evidence at the sealing hearing as to 
the issues described in clauses (i) and (ii) 
of that paragraph. 
‘‘(C) MAGISTRATE JUDGES.— 
‘‘(i) 
IN
GENERAL.—A 
magistrate 
judge may preside over a hearing under 
this paragraph, and submit to a judge of 
the court proposed findings of fact and 
recommendations for the disposition, by a 
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judge of the court, of any sealing petition 
filed under this subsection. 
‘‘(ii) RECOMMENDATIONS.—Not later 
than 14 days after being served with a 
copy, any party may serve and file written 
objections to the proposed findings and 
recommendations of the magistrate judge 
as provided by rules of court. A judge of 
the court shall make a de novo determina-
tion of those portions of the report or spec-
ified proposed findings or recommenda-
tions to which objection is made. A judge 
of the court may accept, reject, or modify, 
in whole or in part, the findings or rec-
ommendations made by the magistrate 
judge. The judge may also receive further 
evidence or recommit the matter to the 
magistrate judge with instructions. 
‘‘(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 (4) without a hearing. 
‘‘(4) 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 evidence and testimony 
presented at the sealing hearing, if 
such a hearing is conducted; 
‘‘(ii) may not consider any non-Fed-
eral crimes for which the petitioner has not 
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-
mation on Federal licensure, permit, 
or employment restrictions; against 
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‘‘(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. 
‘‘(5) 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. 
‘‘(6) UNIVERSAL FORM.—The Director of the 
Administrative Office of the United States Courts 
shall create a universal form, available over the 
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internet and in paper form, that an individual may 
use to file a sealing petition. 
‘‘(7) 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. 
‘‘(8) EFFECT
OF
SEALING.—Subsections (c) 
through (e) of section 3560 shall apply to any record 
that is sealed under this section. 
‘‘(9) PUBLIC
DEFENDER
ELIGIBILITY.—The 
district court shall appoint counsel in accordance 
with the plan of the district court in operation under 
section 3006A to represent a petitioner for purposes 
of this section. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion 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 required to be automati-
cally sealed under section 3560. 
‘‘(e) REPORTING.—Not later than 2 years after the 
date of enactment of this section, and each year there-
after, each district court of the United States shall issue 
a public report that— 
‘‘(1) describes— 
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‘‘(A) the number of sealing petitions grant-
ed and denied under this section; and 
‘‘(B) the number of instances in which the 
office of a United States attorney supported or 
opposed a sealing petition; 
‘‘(2) includes any supporting data that the 
court determines relevant and that does not name 
any petitioner; and 
‘‘(3) disaggregates all relevant data by race, 
ethnicity, gender, and the nature of the offense. 
‘‘(f) EMPLOYER IMMUNITY FROM LIABILITY.—An 
employer who employs or otherwise engages an individual 
whose criminal records were sealed pursuant to this sec-
tion shall be immune from liability for any claim arising 
out of the misconduct of the individual, if the misconduct 
relates to the portion of the criminal records that were 
sealed pursuant to this section.’’. 
(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. 
‘‘3560A. Sealing of certain records upon petition.’’. 
Æ 
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