I 
117TH CONGRESS 
1ST SESSION H. R. 2864 
To require automatic sealing of certain criminal records, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 28, 2021 
Ms. BLUNT ROCHESTER (for herself and Mr. RESCHENTHALER) introduced 
the following bill; which was referred to the Committee 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 
2021’’. 
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: 
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‘‘§ 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) has been— 
‘‘(i) arrested for a Federal offense for 
which the individual was not convicted; or 
‘‘(ii) convicted of an offense under 
section 404 of the Controlled Substances 
Act (21 U.S.C. 844) or any Federal non-
violent offense involving marijuana; 
‘‘(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; and 
‘‘(D) has not been convicted for any of-
fense related to treason, terrorism, access and 
transmission of sensitive defense information, 
or other national security related convictions; 
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‘‘(2) the term ‘marijuana’ has the meaning 
given the term ‘marihuana’ in section 102 of the 
Controlled Substances Act (21 U.S.C. 802); 
‘‘(3) the term ‘nonviolent offense’ means an of-
fense that is not a crime of violence, as defined in 
subparagraphs (A) and (C) of section 3156(a)(4); 
and 
‘‘(4) the term ‘sex offender’ has the meaning 
given the term in section 111 of the Adam Walsh 
Child Protection and Safety Act of 2006 (34 U.S.C. 
20911). 
‘‘(b) AUTOMATIC SEALING FOR CERTAIN ARRESTS 
AND NONVIOLENT OFFENSES.— 
‘‘(1) IN GENERAL.—At the time of sentencing 
of a covered individual for a conviction for an of-
fense pursuant to section 404 of the Controlled Sub-
stances Act (21 U.S.C. 844) or any Federal non-
violent offense involving marijuana, the court shall 
enter an order that each record and portion thereof 
that relates to the offense shall be sealed automati-
cally on the date that is 1 year after the covered in-
dividual fulfills each requirement of the sentence, in-
cluding— 
‘‘(A) completing each term of imprison-
ment, probation, or supervised release; and 
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‘‘(B) satisfying each condition of imprison-
ment, probation, or supervised release. 
‘‘(2) ACQUITTAL; DETERMINATION NOT TO FILE 
CHARGES.— 
‘‘(A) ACQUITTAL.—Not later than 60 days 
after the date on which a covered individual is 
acquitted, exonerated, or otherwise subject to a 
judgment which did not result in a conviction 
for a Federal 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-
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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 
only be resealed in accordance with para-
graph (1) or subparagraph (A) of this 
paragraph. 
‘‘(c) EFFECT OF SEALING ORDER.— 
‘‘(1) PROTECTION
FROM
ACCESS.—Except as 
provided in paragraph (4), a record that has been 
sealed under this section or section 3560A shall not 
be accessible to any person. 
‘‘(2) PROTECTION FROM PERJURY LAWS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an individual whose record 
has been sealed pursuant to this section shall 
not be required to disclose the existence of or 
any information contained in the individual’s 
sealed record, and shall not be subject to pros-
ecution under any civil or criminal provision of 
Federal or State law relating to perjury, false 
swearing, or making a false statement, includ-
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ing under section 1001, 1621, 1622, or 1623, 
for failing to recite or acknowledge any infor-
mation that has been sealed with respect to the 
offense, or respond to any inquiry made of the 
individual, relating to the protected informa-
tion. 
‘‘(B) EXCEPTION.—An individual whose 
record has been sealed pursuant to this section 
shall disclose information contained in such 
record— 
‘‘(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 (4)(A)(ii) that the individual is seek-
ing. 
‘‘(3) BACKGROUND
CHECKS.—Except as pro-
vided in paragraph (4), the existence of a record of 
an individual which has been sealed pursuant to this 
section, or the information contained therein, shall 
not be included in any background check conducted 
on such individual. 
‘‘(4) EXCEPTIONS.— 
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‘‘(A) LAW ENFORCEMENT AND COURT AC-
CESS.—An officer or employee of a law enforce-
ment agency or a court may access a record of 
an individual which has been sealed pursuant to 
this section and is in the possession of the 
agency or court, or another law enforcement 
agency or court, solely— 
‘‘(i) for investigatory or prosecutorial 
purposes; or 
‘‘(ii) for a background check that re-
lates to— 
‘‘(I) employment with a law en-
forcement agency; 
‘‘(II) any position that a Federal 
agency designates as a— 
‘‘(aa) national security posi-
tion; or 
‘‘(bb) high-risk, public trust 
position; or 
‘‘(III) the manufacture, importa-
tion, sale, transfer, possession, or car-
rying of firearms, explosives, or am-
munition. 
‘‘(B) DISCLOSURE.—An officer or em-
ployee of a law enforcement agency or a court 
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may disclose information contained in a sealed 
record only in order to carry out the purposes 
described in subparagraph (A). 
‘‘(d) INDIVIDUAL ACCESS.—Any individual whose 
record has been sealed pursuant to this section or section 
3560A may access the information contained in the indi-
vidual’s sealed record. 
‘‘(e) PENALTY FOR UNAUTHORIZED DISCLOSURE.— 
‘‘(1) IN
GENERAL.—Whoever knowingly ac-
cesses or discloses information contained in a record 
sealed under this section or section 3560A in a man-
ner that is prohibited under this section, 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 
individual who was the crime victim (as such term 
is defined in section 3771(e)) from accessing or dis-
closing information contained in record sealed under 
this section or section 3560A. 
‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion or section 3560A shall abrogate or constrain the au-
thority of a judge or judicial body to vacate a judgment 
or sentence. 
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‘‘(g) 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. 
‘‘(h) APPLICABILITY.—This section shall apply to an 
arrest that occurred or conviction that 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. 
‘‘(i) 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. 
‘‘(j) ESTABLISHMENT OF PARTNERSHIPS.— 
‘‘(1) IN GENERAL.—The Administrative Office 
of the United States Courts or the Attorney General 
may enter into a contract with or make grants to an 
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organization with expertise in creating digital and 
technological systems to develop an efficient and ef-
fective process for automatically sealing records in 
accordance with this section. 
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection— 
‘‘(A) $2,000,000 to the Administrative Of-
fice of the United States Courts; and 
‘‘(B) $2,000,000 to the Attorney General. 
‘‘§ 3560A. 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-
paragraphs (A) and (C) of section 3156(a)(4)); 
or 
‘‘(B) a sex offense (as that term is defined 
in section 111 of the Sex Offender Registration 
and Notification Act (34 U.S.C. 20911)); 
‘‘(2) the term ‘eligible individual’ means an in-
dividual who— 
‘‘(A) has been convicted of a covered non-
violent offense; 
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‘‘(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, 2 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 one felony conviction); 
‘‘(D) has not been convicted of any felony 
that is not a covered nonviolent offense; and 
‘‘(E) has not been convicted for any of-
fense related to treason, terrorism, access and 
transmission of sensitive defense information, 
or other national security related convictions; 
‘‘(3) the term ‘petitioner’ means an individual 
who files a sealing petition; 
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‘‘(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-
ered nonviolent offense in a district court of the 
United States. 
‘‘(2) NOTICE OF OPPORTUNITY TO FILE PETI-
TION.— 
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‘‘(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. 
‘‘(c) PROCEDURES.— 
‘‘(1) NOTIFICATION TO PROSECUTOR.—If an in-
dividual files a petition under subsection (b), the dis-
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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) 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— 
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‘‘(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). 
‘‘(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. 
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‘‘(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 
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. 
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‘‘(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.— 
‘‘(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 
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‘‘(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 
‘‘(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 
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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 
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 
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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— 
‘‘(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.’’. 
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(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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