‘‘(5) 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. 
‘‘(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) 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 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. 
‘‘(8) 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. 
‘‘§ 3644. Effect of sealing order 
‘‘(a) IN GENERAL.—Except as provided in this sec-
tion, if a district court of the United States enters a seal-
ing order with respect to a covered nonviolent offense, the 
offense and any arrest, criminal proceeding, conviction, or 
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sentence relating to the offense shall be treated as if it 
never occurred. 
‘‘(b) VERIFICATION OF SEALING.—If a district court 
of the United States enters a sealing order with respect 
to a covered nonviolent offense, the court shall— 
‘‘(1) send a copy of the sealing order to each 
entity or person known to the court that possesses 
a record containing protected information that re-
lates to the offense, including each— 
‘‘(A) law enforcement agency; and 
‘‘(B) public or private correctional or de-
tention facility; 
‘‘(2) in the sealing order, require each entity or 
person described in paragraph (1) to— 
‘‘(A) seal the record in accordance with 
this section; and 
‘‘(B) submit a written certification to the 
court, under penalty of perjury, that the entity 
or person has sealed each paper and electronic 
copy of the record; 
‘‘(3) seal each paper and electronic copy of the 
record in the possession of the court; and 
‘‘(4) after receiving a written certification from 
each entity or person under paragraph (2)(B), notify 
the petitioner that each entity or person described in 
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paragraph (1) has sealed each paper and electronic 
copy of the record. 
‘‘(c) PROTECTION FROM PERJURY LAWS.—Except as 
provided in subsection (f)(3)(A), a petitioner with respect 
to whom a sealing order has been entered for a covered 
nonviolent offense shall not be subject to prosecution 
under any civil or criminal provision of Federal or State 
law relating to perjury, false swearing, or making a false 
statement, including section 1001, 1621, 1622, or 1623, 
for failing to recite or acknowledge any protected informa-
tion with respect to the offense or respond to any inquiry 
made of the petitioner, relating to the protected informa-
tion, for any purpose. 
‘‘(d) ATTORNEY GENERAL NONPUBLIC RECORDS.— 
The Attorney General— 
‘‘(1) shall maintain a nonpublic record of all 
protected information that has been sealed under 
this subchapter; and 
‘‘(2) may access or use protected information 
only— 
‘‘(A) for legitimate investigative purposes; 
‘‘(B) in defense of any civil suit arising out 
of the facts of the arrest or subsequent pro-
ceedings; or 
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‘‘(C) if the Attorney General determines 
that disclosure is necessary to serve the inter-
ests of justice, public safety, or national secu-
rity. 
‘‘(e) LAW ENFORCEMENT ACCESS.—A Federal or 
State law enforcement agency may access a record that 
is sealed under this subchapter solely— 
‘‘(1) to determine whether the individual to 
whom the record relates is eligible for a first-time- 
offender diversion program; 
‘‘(2) for investigatory, prosecutorial, or Federal 
supervision purposes; or 
‘‘(3) for a background check that relates to law 
enforcement employment or any employment that re-
quires a government security clearance. 
‘‘(f) PROHIBITION ON DISCLOSURE.— 
‘‘(1) PROHIBITION.—Except as provided in 
paragraph (3), it shall be unlawful to intentionally 
make or attempt to make an unauthorized disclosure 
of any protected information from a record that has 
been sealed under this subchapter. 
‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be fined under this title, imprisoned 
for not more than 1 year, or both. 
‘‘(3) EXCEPTIONS.— 
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‘‘(A) BACKGROUND
CHECKS.—An indi-
vidual who is the subject of a record sealed 
under this subchapter shall, and a Federal or 
State law enforcement agency that possesses 
such a record may, disclose the record in the 
case of a background check for— 
‘‘(i) law enforcement employment; or 
‘‘(ii) any position that a Federal agen-
cy designates as a— 
‘‘(I) national security position; or 
‘‘(II) high-risk, public trust posi-
tion. 
‘‘(B) DISCLOSURE TO ARMED FORCES.—A 
person may disclose protected information from 
a record sealed under this subchapter to the 
Secretaries of the military departments (or the 
Secretary of Homeland Security with respect to 
the Coast Guard when it is not operating as a 
service in the Navy) for the purpose of vetting 
an enlistment or commission, or with regard to 
any member of the Armed Forces. 
‘‘(C) 
CRIMINAL
AND
JUVENILE
PRO-
CEEDINGS.—A prosecutor may disclose pro-
tected information from a record sealed under 
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this subchapter if the information pertains to a 
potential witness in a Federal or State— 
‘‘(i) criminal proceeding; or 
‘‘(ii) juvenile delinquency proceeding. 
‘‘(D) AUTHORIZATION FOR INDIVIDUAL TO 
DISCLOSE OWN RECORD.—An individual who is 
the subject of a record sealed under this sub-
chapter may choose to disclose the record.’’. 
(c) APPLICABILITY.—Sections 3642 and 3643 of title 
18, United States Code, as added by subsection (b), shall 
apply with respect to a covered nonviolent offense (as de-
fined in section 3641(a) of such title) that is committed 
or alleged to have been committed before, on, or after the 
date of enactment of this Act. 
(d) TRANSITION PERIOD
FOR HEARINGS DEAD-
LINE.—During the 1-year period beginning on the date 
of enactment of this Act, section 3643(b)(2)(A) of title 
18, United States Code, as added by subsection (b), shall 
be applied by substituting ‘‘1 year’’ for ‘‘180 days’’. 
(e) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of subchapters for chapter 229 of title 18, 
United States Code, is amended by adding at the end the 
following: 
‘‘E. Sealing of Criminal Records ................................................. 3641’’. 
SEC. 3. JUVENILE SEALING AND EXPUNGEMENT. 
(a) PURPOSE.—The purpose of this section is to— 
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(1) protect children and adults against damage 
stemming from their juvenile acts and subsequent 
juvenile delinquency records, including law enforce-
ment, arrest, and court records; and 
(2) prevent the unauthorized use or disclosure 
of confidential juvenile delinquency records and any 
potential employment, financial, psychological, or 
other harm that would result from such unauthor-
ized use or disclosure. 
(b) DEFINITIONS.—Section 5031 of title 18, United 
States Code, is amended to read as follows: 
‘‘§ 5031. Definitions 
‘‘In this chapter— 
‘‘(1) the term ‘adjudication’ means a deter-
mination by a judge that a person committed an act 
of juvenile delinquency; 
‘‘(2) the term ‘conviction’ means a judgment or 
disposition in criminal court against a person fol-
lowing a finding of guilt by a judge or jury; 
‘‘(3) the term ‘destroy’ means to render a file 
unreadable, whether paper, electronic, or otherwise 
stored, by shredding, pulverizing, pulping, incin-
erating, overwriting, reformatting the media, or 
other means; 
‘‘(4) the term ‘expunge’— 
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‘‘(A) means to destroy a record and oblit-
erate the name of the person to whom the 
record pertains from each official index or pub-
lic record; and 
‘‘(B) has the effect described in section 
5045(c), including— 
‘‘(i) the right to treat an offense to 
which an expunged record relates, and any 
arrest, juvenile delinquency proceeding, ad-
judication, or other result of such pro-
ceeding 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 an expunged 
record; 
‘‘(5) the term ‘expungement hearing’ means a 
hearing held under section 5045(b)(2)(B); 
‘‘(6) the term ‘expungement petition’ means a 
petition 
for 
expungement 
filed 
under 
section 
5045(b); 
‘‘(7) the term ‘juvenile’ means— 
‘‘(A) except as provided in subparagraph 
(B), a person who has not attained the age of 
18; and 
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‘‘(B) for the purpose of proceedings and 
disposition under this chapter for an alleged act 
of juvenile delinquency, a person who has not 
attained the age of 21; 
‘‘(8) the term ‘juvenile delinquency’ means the 
violation of a law of the United States committed by 
a person before attaining the age of 18 which would 
have been a crime if committed by an adult, or a 
violation by such a person of section 922(x); 
‘‘(9) the term ‘juvenile nonviolent offense’ 
means an act of juvenile delinquency that is not— 
‘‘(A) a violent crime (as defined in section 
103 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (34 U.S.C. 11103)); or 
‘‘(B) a sex offense (as defined in section 
111 of the Sex Offender Registration and Noti-
fication Act (34 U.S.C. 20911)); 
‘‘(10) the term ‘juvenile record’— 
‘‘(A) means a record maintained by a 
court, the probation system, a law enforcement 
agency, or any other government agency, of the 
juvenile delinquency proceedings of a person; 
and 
‘‘(B) includes— 
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‘‘(i) a juvenile legal file, including a 
formal document such as a petition, notice, 
motion, legal memorandum, order, or de-
cree; 
‘‘(ii) a social record, including— 
‘‘(I) a record of a probation offi-
cer; 
‘‘(II) a record of any government 
agency that keeps records relating to 
juvenile delinquency; 
‘‘(III) a medical record; 
‘‘(IV) a psychiatric or psycho-
logical record; 
‘‘(V) a birth certificate; 
‘‘(VI) an education record, in-
cluding an individualized education 
plan; 
‘‘(VII) a detention record; 
‘‘(VIII) demographic information 
that identifies a juvenile or the family 
of a juvenile; or 
‘‘(IX) any other record that in-
cludes personally identifiable informa-
tion that may be associated with a ju-
venile delinquency proceeding, an act 
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of juvenile delinquency, or an alleged 
act of juvenile delinquency; 
‘‘(iii) a law enforcement record, in-
cluding— 
‘‘(I) fingerprints; 
‘‘(II) a DNA sample; or 
‘‘(III) a photograph; and 
‘‘(iv) a State criminal justice informa-
tion system record; 
‘‘(11) the term ‘petitioner’ means a person who 
files an expungement petition or a sealing petition; 
‘‘(12) 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 
5044(c), including— 
‘‘(i) the right to treat an offense to 
which a sealed record relates, and any ar-
rest, juvenile delinquency proceeding, adju-
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dication, or other result of such proceeding 
relating to the offense, as if it never oc-
curred; and 
‘‘(ii) protection from civil and criminal 
perjury, false swearing, and false state-
ment laws with respect to a sealed record; 
‘‘(13) the term ‘sealing hearing’ means a hear-
ing held under section 5044(b)(2)(B); and 
‘‘(14) the term ‘sealing petition’ means a peti-
tion for a sealing order filed under section 
5044(b).’’. 
(c) CONFIDENTIALITY.—Section 5038 of title 18, 
United States Code, is amended— 
(1) in subsection (a), in the flush text following 
paragraph (6), by inserting after ‘‘bonding,’’ the fol-
lowing: ‘‘participation in an educational system,’’; 
and 
(2) in subsection (b), by striking ‘‘District 
courts exercising jurisdiction over any juvenile’’ and 
inserting the following: ‘‘Not later than 7 days after 
the date on which a district court exercises jurisdic-
tion over a juvenile, the district court’’. 
(d) SEALING; EXPUNGEMENT.— 
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(1) IN
GENERAL.—Chapter 403 of title 18, 
United States Code, is amended by adding at the 
end the following: 
‘‘§ 5044. Sealing 
‘‘(a) AUTOMATIC SEALING
OF NONVIOLENT OF-
FENSES.— 
‘‘(1) IN GENERAL.—Three years after the date 
on which a person who is adjudicated delinquent 
under this chapter for a juvenile nonviolent offense 
completes every term of probation, official detention, 
or juvenile delinquent supervision ordered by the 
court with respect to the offense, the court shall 
order the sealing of each juvenile record or portion 
thereof that relates to the offense if the person— 
‘‘(A) has not been convicted of a crime or 
adjudicated delinquent for an act of juvenile de-
linquency since the date of the disposition; and 
‘‘(B) is not engaged in active criminal 
court proceedings or juvenile delinquency pro-
ceedings. 
‘‘(2) AUTOMATIC
NATURE
OF
SEALING.—The 
order of sealing under paragraph (1) shall require 
no action by the person whose juvenile records are 
to be sealed. 
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‘‘(3) NOTICE
OF
AUTOMATIC
SEALING.—A 
court that orders the sealing of a juvenile record of 
a person under paragraph (1) shall, in writing, in-
form the person of the sealing and the benefits of 
sealing the record, including protection from civil 
and criminal perjury, false swearing, and false state-
ment laws with respect to the record. 
‘‘(b) PETITIONING FOR EARLY SEALING OF NON-
VIOLENT OFFENSES.— 
‘‘(1) RIGHT TO FILE SEALING PETITION.— 
‘‘(A) IN GENERAL.—During the 3-year pe-
riod beginning on the date on which a person 
who is adjudicated delinquent under this chap-
ter for a juvenile nonviolent offense completes 
every term of probation, official detention, or 
juvenile delinquent supervision ordered by the 
court with respect to the offense, the person 
may petition the court to seal the juvenile 
records that relate to the offense. 
‘‘(B) NOTICE OF OPPORTUNITY TO FILE 
PETITION.—If a person is adjudged delinquent 
for a juvenile nonviolent offense, the court in 
which the person is adjudged delinquent shall, 
in writing, inform the person of the potential 
eligibility of the person to file a sealing petition 
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with respect to the offense upon completing 
every term of probation, official detention, or 
juvenile delinquent supervision ordered by the 
court with respect to the offense, and the nec-
essary procedures for filing the sealing peti-
tion— 
‘‘(i) on the date on which the indi-
vidual is adjudged delinquent; and 
‘‘(ii) on the date on which the indi-
vidual has completed every term of proba-
tion, official detention, or juvenile delin-
quent supervision ordered by the court 
with respect to the offense. 
‘‘(2) PROCEDURES.— 
‘‘(A) NOTIFICATION TO PROSECUTOR.—If 
a person files a sealing petition with respect to 
a juvenile nonviolent offense, the court in which 
the petition is filed shall provide notice of the 
petition— 
‘‘(i) to the Attorney General; and 
‘‘(ii) upon the request of the peti-
tioner, to any other individual that the pe-
titioner determines may testify as to— 
‘‘(I) the conduct of the petitioner 
since the date of the offense; or 
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‘‘(II) the reasons that the sealing 
order should be entered. 
‘‘(B) HEARING.— 
‘‘(i) IN
GENERAL.—Not later than 
180 days after the date on which a person 
files a sealing petition, the court shall— 
‘‘(I) except as provided in clause 
(iii), conduct a hearing in accordance 
with clause (ii); and 
‘‘(II) determine whether to enter 
a sealing order for the person in ac-
cordance with subparagraph (C). 
‘‘(ii) OPPORTUNITY TO TESTIFY AND 
OFFER EVIDENCE.— 
‘‘(I) 
PETITIONER.—The 
peti-
tioner may testify or offer evidence at 
the sealing hearing in support of seal-
ing. 
‘‘(II) PROSECUTOR.—The Attor-
ney General may send a representa-
tive to testify or offer evidence at the 
sealing hearing in support of or 
against sealing. 
‘‘(III) OTHER INDIVIDUALS.—An 
individual who receives notice under 
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subparagraph (A)(ii) may testify or 
offer evidence at the sealing hearing 
as to the issues described in sub-
clauses (I) and (II) of that subpara-
graph. 
‘‘(iii) WAIVER
OF
HEARING.—If the 
petitioner and the Attorney General so 
agree, the court shall make a determina-
tion under subparagraph (C) without a 
hearing. 
‘‘(C) BASIS
FOR
DECISION.—The court 
shall determine whether to grant the sealing pe-
tition after considering— 
‘‘(i) the sealing petition and any docu-
ments in the possession of the court; 
‘‘(ii) all the evidence and testimony 
presented at the sealing hearing, if such a 
hearing is conducted; 
‘‘(iii) the best interests of the peti-
tioner; 
‘‘(iv) the age of the petitioner during 
his or her contact with the court or any 
law enforcement agency; 
‘‘(v) the nature of the juvenile non-
violent offense; 
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