‘‘(3) the court shall issue an expungement or 
sealing order requiring the destruction of any paper 
and electronic copies of the record by any court, law 
enforcement officer, law enforcement agency, treat-
ment or rehabilitation services agency, or employee 
thereof in possession of those copies; 
‘‘(4) any entity or person listed in paragraph 
(3) that receives an inquiry relating to the record 
shall reply to the inquiry stating that no such record 
exists; and 
‘‘(5) except as provided in subsection (f), no 
person shall not be subject to prosecution under any 
civil or criminal provision of Federal or State law re-
lating to perjury, false swearing, or making a false 
statement for failing to acknowledge the record or 
respond to any inquiry made of the of petitioner or 
the parent relating to the record, for any purpose. 
‘‘(e) CIVIL ACTIONS.— 
‘‘(1) IN GENERAL.—If an individual who has a 
record expunged or sealed under this section brings 
an action that might be defended with the contents 
of the record, there shall be a rebuttable presump-
tion that the defendant has a complete defense to 
the action. 
VerDate Sep 11 2014 
03:52 Jul 24, 2015
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(2) SHOWING
BY
PLAINTIFF.—In an action 
described in paragraph (1), the plaintiff may rebut 
the presumption of a complete defense by showing 
that the contents of the record would not prevent 
the defendant from being liable. 
‘‘(3) DUTY TO TESTIFY AS TO EXISTENCE OF 
RECORD.—The court in which an action described in 
paragraph (1) is filed may require the plaintiff to 
state under oath whether the plaintiff had a record 
and whether the record was expunged or sealed. 
‘‘(4) PROOF OF EXISTENCE OF RECORD.—If the 
plaintiff in an action described in paragraph (1) de-
nied the existence of a record, the defendant may 
prove the existence of the record in any manner 
compatible with the applicable laws of evidence. 
‘‘(f) ATTORNEY GENERAL NONPUBLIC RECORDS.— 
The Attorney General shall— 
‘‘(1) maintain a nonpublic database of all 
records expunged or sealed under this subchapter; 
‘‘(2) disclose, access, or utilize records con-
tained in the nonpublic database only— 
‘‘(A) in defense of any civil suit arising out 
of the facts contained in the record; 
VerDate Sep 11 2014 
03:52 Jul 24, 2015
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(B) to determine whether the individual 
to whom the record relates is eligible for a first- 
time-offender diversion program; 
‘‘(C) for a background check that relates 
to law enforcement employment or any employ-
ment that requires a Government security clear-
ance; or 
‘‘(D) if the Attorney General determines 
that disclosure is necessary to serve the inter-
ests of national security; and 
‘‘(3) to the extent practicable, notify the indi-
vidual to whom the record pertains of the disclosure 
unless it is made pursuant to paragraph (2)(D). 
‘‘§ 3633. Definitions 
‘‘In this subchapter— 
‘‘(1) the term ‘youth’ means an individual who 
was 21 years of age or younger at the time of the 
criminal offense for which the individual was ar-
rested, prosecuted, or sentenced; 
‘‘(2) the term ‘nonviolent felony’ means a Fed-
eral criminal felony offense that is not— 
‘‘(A) a crime of violence; or 
‘‘(B) a sex offense (as that term is defined 
in section 111 of the Sex Offender Registration 
and Notification Act); 
VerDate Sep 11 2014 
03:52 Jul 24, 2015
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(3) the term ‘record’ means information, 
whether in paper or electronic form, containing any 
reference to— 
‘‘(A) an arrest, conviction, or sentence of 
an individual for an offense; 
‘‘(B) the institution of juvenile delinquency 
or criminal proceedings against an individual 
for the offense; or 
‘‘(C) adjudication, conviction, or any other 
result of juvenile delinquency or criminal pro-
ceedings; 
‘‘(4) the term ‘expunge’— 
‘‘(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 
3631(g), including— 
‘‘(i) the right to treat an offense to 
which an expunged record relates, and any 
arrest, juvenile delinquency proceeding, ad-
judication, conviction, or other result of 
such proceeding relating to the offense, as 
if it never occurred; and 
VerDate Sep 11 2014 
03:52 Jul 24, 2015
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(ii) protection from civil and criminal 
perjury, false swearing, and false state-
ment laws with respect to an expunged 
record; 
‘‘(5) 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 
3631(g), including— 
‘‘(i) the right to treat an offense to 
which an expunged record relates, and any 
arrest, juvenile delinquency proceeding, ad-
judication, conviction, or other result of 
such proceeding 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; 
VerDate Sep 11 2014 
03:52 Jul 24, 2015
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(6) the term ‘conviction’— 
‘‘(A) means a judgment or disposition in 
criminal court against a person following a find-
ing of guilt by a judge or jury; and 
‘‘(B) for the purposes of this section— 
‘‘(i) multiple convictions shall be 
deemed to be one conviction if the convic-
tions result from or relate to the same act 
or acts committed at the same time; and 
‘‘(ii) multiple convictions, not to ex-
ceed 3, that do not result from or relate to 
the same act or acts committed at the 
same time shall be deemed to be one con-
viction if the convictions result from or re-
late to the same indictment, information, 
or complaint, or plea of guilty; and 
‘‘(7) 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. 
‘‘§ 3634. Reporting 
‘‘Not later than 2 years after the date of enactment 
of this subchapter, and each year thereafter, the Attorney 
General shall issue a public report that— 
VerDate Sep 11 2014 
03:52 Jul 24, 2015
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3156.IH
H3156
SSpencer on DSK4SPTVN1PROD with BILLS