I 
116TH CONGRESS 
1ST SESSION H. R. 2410 
To provide for the sealing or expungement of records relating to Federal 
nonviolent criminal offenses, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 30, 2019 
Mr. CUMMINGS (for himself, Mr. NADLER, and Ms. BASS) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committees on Agriculture, and Ways and Means, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To provide for the sealing or expungement of records relating 
to Federal nonviolent criminal offenses, 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 ‘‘Record Expungement 
Designed to Enhance Employment Act of 2019’’ or the 
‘‘REDEEM Act’’. 
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SEC. 2. SEALING OF CRIMINAL RECORDS. 
(a) FINDING.—Congress finds that the definition of 
the term ‘‘crime of violence’’ recommended by the United 
States Sentencing Commission in the report entitled ‘‘Re-
port to the Congress: Career Offender Sentencing En-
hancements’’, published in August 2016, is clearer and 
more specific than the definitions currently used in title 
18, United States Code, and should be used to determine 
the type of offenses eligible for sealing under the amend-
ments made by this section. 
(b) AMENDMENT.—Chapter 229 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘Subchapter E—Sealing of Criminal Records 
‘‘Sec. 
‘‘3641. Definitions; eligible individuals. 
‘‘3642. Automatic sealing of records of nonviolent drug offenses. 
‘‘3643. Sealing petition. 
‘‘3644. Effect of sealing order. 
‘‘§ 3641. Definitions; eligible individuals 
‘‘(a) DEFINITIONS.—In this subchapter— 
‘‘(1) the term ‘covered nonviolent offense’ 
means a Federal criminal offense that is not— 
‘‘(A) a crime of violence; or 
‘‘(B) a sex offense, as defined in section 
111 of the Sex Offender Registration and Noti-
fication Act (34 U.S.C. 20911); 
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‘‘(2) the term ‘crime of violence’ means any of-
fense under Federal or State law, punishable by im-
prisonment for a term exceeding 1 year, that— 
‘‘(A) has as an element the use, attempted 
use, or threatened use of physical force against 
the person of another; or 
‘‘(B) is— 
‘‘(i) murder; 
‘‘(ii) voluntary manslaughter; 
‘‘(iii) kidnapping; 
‘‘(iv) aggravated assault; 
‘‘(v) a forcible sex offense; 
‘‘(vi) robbery; 
‘‘(vii) arson; 
‘‘(viii) extortion; or 
‘‘(ix) the use or unlawful possession 
of— 
‘‘(I) a firearm, as defined in sec-
tion 5845(a) of the Internal Revenue 
Code of 1986; or 
‘‘(II) explosive materials, as de-
fined in section 841(c); 
‘‘(3) the term ‘eligible individual’ means an in-
dividual who— 
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‘‘(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); 
‘‘(6) the term ‘seal’— 
‘‘(A) means— 
‘‘(i) to close a record from public 
viewing so that the record cannot be exam-
ined except by court order; and 
‘‘(ii) to physically seal the record shut 
and label the record ‘SEALED’ or, in the 
case of an electronic record, the sub-
stantive equivalent; and 
‘‘(B) has the effect described in section 
3644, including— 
‘‘(i) the right to treat the offense to 
which a sealed record relates, and any ar-
rest, criminal proceeding, conviction, or 
sentence relating to the offense, as if it 
never occurred; and 
‘‘(ii) protection from civil and criminal 
perjury, false swearing, and false state-
ment laws with respect to a sealed record; 
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‘‘(7) the term ‘sealing hearing’ means a hearing 
held under section 3643(b)(2); and 
‘‘(8) the term ‘sealing petition’ means a petition 
for a sealing order filed under section 3643(a). 
‘‘(b) ELIGIBLE INDIVIDUALS.— 
‘‘(1) MULTIPLE CONVICTIONS DEEMED TO BE 
ONE
CONVICTION.—For purposes of subsection 
(a)(2)(C)— 
‘‘(A) multiple convictions shall be deemed 
to be 1 conviction if the convictions result from 
or relate to— 
‘‘(i) the same act; or 
‘‘(ii) acts committed at the same time; 
and 
‘‘(B) subject to paragraph (2), multiple 
convictions, not to exceed 3, that do not result 
from or relate to the same act or acts com-
mitted at the same time shall be deemed to be 
1 conviction if the convictions— 
‘‘(i) result from or relate to— 
‘‘(I) the same— 
‘‘(aa) indictment, informa-
tion, or complaint; 
‘‘(bb) plea of guilty; or 
‘‘(cc) official proceeding; or 
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‘‘(II) related criminal acts that 
were committed within a 3-month pe-
riod; or 
‘‘(ii) are determined to be directly re-
lated to addiction or a substance use dis-
order. 
‘‘(2) DISCRETION OF COURT.— 
‘‘(A) IN GENERAL.—A court reviewing a 
sealing petition may determine that it is not in 
the public interest to deem multiple convictions 
described in paragraph (1)(B) to be 1 convic-
tion. 
‘‘(B) REASONING.—If a court makes a de-
termination under subparagraph (A), the court 
shall make available to the public the reasoning 
for the determination. 
‘‘(C) REPORTING.—Not later than 2 years 
after the date of enactment of this subchapter, 
and each year thereafter, each district court of 
the United States shall submit to the appro-
priate committees of Congress a report that de-
scribes the exercise of discretion by the court 
under subparagraph (B), with all relevant data 
disaggregated by race, ethnicity, gender, and 
the nature of the offense. 
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‘‘§ 3642. Automatic sealing of records of nonviolent 
drug offenses 
‘‘(a) DEFINITION.—In this section, the term ‘con-
victed of a nonviolent drug offense’, with respect to an 
individual— 
‘‘(1) means the individual is convicted of a cov-
ered nonviolent offense that is an offense under the 
Controlled Substances Act (21 U.S.C. 801 et seq.), 
the Controlled Substances Import and Export Act 
(21 U.S.C. 951 et seq.), or chapter 705 of title 46; 
and 
‘‘(2) does not include a conviction with respect 
to which the court applied a sentencing enhancement 
under section 2D1.1(b)(2) of the Federal sentencing 
guidelines (relating to the use of violence or the 
threat or direction to use violence). 
‘‘(b) AUTOMATIC SEALING.—Five years after the 
date on which an eligible individual who is convicted of 
a nonviolent drug offense completes every term of impris-
onment, probation, or supervised release ordered by the 
court with respect to the offense, the court shall order the 
sealing of each record or portion thereof that relates to 
the offense if the individual— 
‘‘(1) has not been convicted of a crime or adju-
dicated delinquent for an act of juvenile delinquency 
since the date of the conviction; and 
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‘‘(2) is not engaged in active criminal court pro-
ceedings or juvenile delinquency proceedings. 
‘‘(c) AUTOMATIC NATURE OF SEALING.—The order 
of sealing under subsection (b) shall require no action by 
the individual whose records are to be sealed. 
‘‘(d) NOTICE OF AUTOMATIC SEALING.—A court that 
orders the sealing of a record of an individual under sub-
section (b) shall, in writing, inform the individual of the 
sealing and the benefits of sealing the record, including 
protection from civil and criminal perjury, false swearing, 
and false statement laws with respect to the record. 
‘‘§ 3643. Sealing petition 
‘‘(a) RIGHT TO FILE SEALING PETITION.— 
‘‘(1) IN GENERAL.—On and after the date de-
scribed in paragraph (2), an eligible individual may 
file a petition for a sealing order with respect to a 
covered nonviolent offense in a district court of the 
United States. 
‘‘(2) DATES.—The date described in this para-
graph is— 
‘‘(A) for an eligible individual who is con-
victed of a covered nonviolent offense and sen-
tenced to a term of imprisonment, probation, or 
supervised release, the date that is 1 year after 
the date on which the eligible individual has 
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completed every such term of imprisonment, 
probation, or supervised release; and 
‘‘(B) for an eligible individual not de-
scribed in subparagraph (A), the date on which 
the case relating to the covered nonviolent of-
fense is disposed of. 
‘‘(3) NOTICE OF OPPORTUNITY TO FILE PETI-
TION.— 
‘‘(A) CONVICTED INDIVIDUALS.— 
‘‘(i) IN GENERAL.—If an individual is 
convicted of a covered nonviolent offense 
and will potentially be eligible to file a 
sealing petition with respect to the offense 
upon fulfilling each requirement of the sen-
tence for the offense as described in sec-
tion 3641(a)(2)(B), the court in which the 
individual is convicted shall, in writing, in-
form the individual, on each date described 
in clause (ii), 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, 
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