Title: REDEEM Act
Policy area: Crime and Law Enforcement

Summary:
Record Expungement Designed to Enhance Employment Act of 2017 or the REDEEM Act
This bill creates a mechanism by which certain eligible individuals may file a petition to seal federal criminal records with respect to covered nonviolent offenses. If an individual is eligible for such a sealing order, the court must notify the person in writing of their potential eligibility. The bill establishes a set of rules and procedures for assessing a sealing petition. If granted, the offense, criminal proceeding, conviction, or sentence shall be treated as if it never occurred.
A judge shall issue a sealing order three years after the date on which a person is adjudicated delinquent for a juvenile nonviolent offense if certain conditions are met.
The use of room confinement (defined as involuntary placement of a juvenile alone in a cell) for discipline, other than a temporary response to a juvenile's behavior that presents harm to others, is prohibited.
The bill removes possession and use of controlled substance as a disqualifying activity under federal welfare laws. Further, the prohibition from access to federal welfare benefits for drug-related offenses shall not apply to persons who, among other things, have completed a certified substance abuse treatment program.
When awarding grants under the Community-Oriented Policing Services (COPS) program, the Department of Justice (DOJ) may give preference to states that have laws similar to this bill's provisions.
DOJ shall establish and enforce procedures to ensure the prompt release of accurate records exchanged for employment-related purposes through the records system created by this bill.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 827 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 827

   To provide for the sealing or expungement of records relating to 
     Federal nonviolent criminal offenses, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 5 (legislative day, April 4), 2017

 Mr. Paul (for himself and Mr. Booker) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Record Expungement 
Designed to Enhance Employment Act of 2017'' or the ``REDEEM Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Sealing of criminal records.
Sec. 3. Juvenile sealing and expungement.
Sec. 4. Study and report on cost savings from sealing and expungement 
                            provisions.
Sec. 5. TANF assistance and SNAP benefits.
Sec. 6. State incentives.
Sec. 7. Gender equality in Federal juvenile delinquency proceedings.
Sec. 8. Ensuring accuracy in the FBI background check system.
Sec. 9. Report on statutory and regulatory restrictions and 
                            disqualifications based on criminal 
                            records.

SEC. 2. SEALING OF CRIMINAL RECORDS.

    (a) In General.--Chapter 229 of title 18, United States Code, is 
amended by adding at the end the following:

              ``Subchapter D--Sealing of Criminal Records

``Sec.
``3631. Definitions; eligible individuals.
``3632. Sealing petition.
``3633. Effect of sealing order.
``Sec. 3631. 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 (as that term is defined 
                in section 16); or
                    ``(B) a sex offense (as that term is defined in 
                section 111 of the Sex Offender Registration and 
                Notification Act (42 U.S.C. 16911));
            ``(2) the term `eligible individual' means an individual 
        who--
                    ``(A) has been arrested for or convicted of a 
                covered nonviolent offense;
                    ``(B) in the case of a conviction described in 
                subparagraph (A), has fulfilled each requirement of the 
                sentence for the covered nonviolent offense, 
                including--
                            ``(i) completing each term of imprisonment, 
                        probation, or supervised release; and
                            ``(ii) satisfying each condition of 
                        imprisonment, probation, or supervised release;
                    ``(C) subject to subsection (b), has not been 
                convicted of more than 2 felonies that are covered 
                nonviolent offenses, including any such convictions 
                that have been sealed; and
                    ``(D) has not been convicted of any felony that is 
                not a covered nonviolent offense;
            ``(3) the term `petitioner' means an individual who files a 
        sealing petition;
            ``(4) the term `protected information', with respect to a 
        covered nonviolent offense, means any reference to--
                    ``(A) an arrest, conviction, or sentence of an 
                individual for the offense;
                    ``(B) the institution of criminal proceedings 
                against an individual for the offense; or
                    ``(C) the result of criminal proceedings described 
                in subparagraph (B);
            ``(5) the term `seal'--
                    ``(A) means--
                            ``(i) to close a record from public viewing 
                        so that the record cannot be examined 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 substantive 
                        equivalent; and
                    ``(B) has the effect described in section 3633, 
                including--
                            ``(i) the right to treat the offense to 
                        which a sealed record relates, and any arrest, 
                        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 statement 
                        laws with respect to a sealed record;
            ``(6) the term `sealing hearing' means a hearing held under 
        section 3632(b)(2); and
            ``(7) the term `sealing petition' means a petition for a 
        sealing order filed under section 3632(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 committed 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, 
                                        information, or complaint;
                                            ``(bb) plea of guilty; or
                                            ``(cc) official proceeding; 
                                        or
                                    ``(II) related criminal acts that 
                                were committed within a 3-month period; 
                                or
                            ``(ii) are determined to be directly 
                        related to addiction or a substance use 
                        disorder.
            ``(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 conviction.
                    ``(B) Reasoning.--If a court makes a determination 
                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 appropriate committees of Congress 
                a report that describes 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.
``Sec. 3632. Sealing petition
    ``(a) Right To File Sealing Petition.--
            ``(1) In general.--On and after the date described 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 paragraph is--
                    ``(A) for an eligible individual who is convicted 
                of a covered nonviolent offense and sentenced to a term 
                of imprisonment, probation, or supervised release, the 
                date that is 1 year after the date on which the 
                eligible individual has completed every such term of 
                imprisonment, probation, or supervised release; and
                    ``(B) for an eligible individual not described in 
                subparagraph (A), the date on which the case relating 
                to the covered nonviolent offense is disposed of.
            ``(3) Notice of opportunity to file petition.--
                    ``(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 sentence for 
                        the offense as described in section 
                        3631(a)(2)(B), the court in which the 
                        individual is convicted shall, in writing, 
                        inform 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, 
                                and false statement laws with respect 
                                to the record.
                            ``(ii) Dates.--The dates described in this 
                        clause 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.
                    ``(B) Individuals not convicted.--
                            ``(i) Arrest only.--If an individual is 
                        arrested for a covered nonviolent offense, 
                        criminal proceedings are not instituted against 
                        the individual for the offense, and the 
                        individual is potentially eligible to file a 
                        sealing petition with respect to the offense, 
                        on the date on which the case relating to the 
                        offense is disposed of, the arresting authority 
                        shall, in writing, inform the individual 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, 
                                and false statement laws with respect 
                                to the record.
                            ``(ii) Court proceedings.--If an individual 
                        is arrested for a covered nonviolent offense, 
                        criminal proceedings are instituted against the 
                        individual for the offense, the individual is 
                        not convicted of the offense, and the 
                        individual is potentially eligible to file a 
                        sealing petition with respect to the offense, 
                        on the date on which the case relating to the 
                        offense is disposed of, the court in which the 
                        criminal proceedings take place shall, in 
                        writing, inform the individual 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, 
                                and false statement laws with respect 
                                to the record.
    ``(b) Procedures.--
            ``(1) Notification to prosecutor.--If an individual files a 
        petition under subsection (a) with respect to a covered 
        nonviolent offense or arrest for a covered nonviolent offense, 
        the district court in which the petition is filed shall provide 
        notice of the petition--
                    ``(A) to the office of the United States attorney 
                that prosecuted or would have prosecuted the petitioner 
                for the offense; and
                    ``(B) upon the request of the petitioner, to any 
                other individual that the petitioner determines may 
                testify as to the--
                            ``(i) conduct of the petitioner since the 
                        date of the offense or arrest; or
                            ``(ii) reasons that the sealing order 
                        should be entered.
            ``(2) 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 subparagraph 
                        (D), conduct a hearing in accordance with 
                        subparagraph (B); and
                            ``(ii) determine whether to enter a sealing 
                        order for the individual in accordance with 
                        paragraph (3).
                    ``(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 representative to 
                        testify or offer evidence at the sealing 
                        hearing in support of or against sealing.
                            ``(iii) Other individuals.--An individual 
                        who receives notice under paragraph (1)(B) may 
                        testify or offer evidence at the sealing 
                        hearing as to the issues described in clauses 
                        (i) and (ii) of that paragraph.
                    ``(C) Magistrate judges.--A magistrate judge may 
                preside over a hearing under this paragraph.
                    ``(D) Waiver of hearing.--If the petitioner and the 
                United States attorney that receives notice under 
                paragraph (1)(A) so agree, the court shall make a 
                determination under paragraph (3) without a hearing.
            ``(3) Basis for decision.--
                    ``(A) In general.--In determining whether to enter 
                a sealing order with respect to protected information 
                relating to a covered nonviolent offense, the court--
                            ``(i) shall consider--
                                    ``(I) the petition and any 
                                documents in the possession of the 
                                court; and
                                    ``(II) all the evidence and 
                                testimony presented at the sealing 
                                hearing, if such a hearing is 
                                conducted;
                            ``(ii) may not consider any non-Federal 
                        nonviolent crimes for which the petitioner 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
                                    ``(bb) the legitimate interest, if 
                                any, of the Government in maintaining 
                                the accessibility of the protected 
                                information, including any potential 
                                impact of sealing the protected 
                                information on Federal licensure, 
                                permit, or employment restrictions; 
                                against
                                    ``(II)(aa) the conduct and 
                                demonstrated desire of the petitioner 
                                to be rehabilitated and positively 
                                contribute to the community; and
                                    ``(bb) the interest of the 
                                petitioner in having the protected 
                                information sealed, including the harm 
                                of the protected information to the 
                                ability 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 subparagraph (A)(iii) outweigh the 
                interests of the petitioner under subclause (II) of 
                that subparagraph.
            ``(4) 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.
            ``(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 Administrative 
        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 supported or 
                        opposed a sealing petition;
                    ``(B) includes any supporting data that the court 
                determines relevant and that does not name any 
                petitioner; and
                    ``(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 accordance 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 determination 
                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 testimony 
                        by a victim or a representative of the office 
                        of the United States attorney.
``Sec. 3633. Effect of sealing order
    ``(a) In General.--Except as provided in this section, if a 
district court of the United States enters a sealing order with respect 
to a covered nonviolent offense, the offense and any arrest, criminal 
proceeding, conviction, or 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 relates to the offense, including 
        each--
                    ``(A) law enforcement agency; and
                    ``(B) public or private correctional or detention 
                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 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 information with respect to the 
offense or respond to any inquiry made of the petitioner, relating to 
the protected information, 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 proceedings; or
                    ``(C) if the Attorney General determines that 
                disclosure is necessary to serve the interests of 
                justice, public safety, or national security.
    ``(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 requires 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 paragraph (1) shall 
        be fined under this title, imprisoned for not more than 1 year, 
        or both.
            ``(3) Exceptions.--
                    ``(A) Background checks.--An individual 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 agency 
                        designates as a--
                                    ``(I) national security position; 
                                or
                                    ``(II) high-risk, public trust 
                                position.
                    ``(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 proceedings.--A 
                prosecutor may disclose protected information from a 
                record sealed under 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 subchapter may choose to disclose the 
                record.''.
    (b) Applicability.--The right to file a sealing petition under 
section 3632(a) of title 18, United States Code, as added by subsection 
(a), shall apply with respect to a covered nonviolent offense (as 
defined in section 3631(a) of such title) that is committed or alleged 
to have been committed before, on, or after the date of enactment of 
this Act.
    (c) Transition Period for Hearings Deadline.--During the 1-year 
period beginning on the date of enactment of this Act, section 
3632(b)(2)(A) of title 18, United States Code, as added by subsection 
(a), shall be applied by substituting ``1 year'' for ``180 days''.
    (d) 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:

``D. Sealing of Criminal Records............................    3631''.

SEC. 3. JUVENILE SEALING AND EXPUNGEMENT.

    (a) Purpose.--The purpose of this section is to--
            (1) protect children and adults against damage stemming 
        from their juvenile acts and subsequent juvenile delinquency 
        records, including law enforcement, 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 unauthorized use or disclosure.
    (b) Definitions.--Section 5031 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5031. Definitions
    ``In this chapter--
            ``(1) the term `adjudication' means a determination 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 following 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, incinerating, overwriting, reformatting 
        the media, or other means;
            ``(4) the term `expunge'--
                    ``(A) means to destroy a record and obliterate the 
                name of the person to whom the record pertains from 
                each official index or public record; and
                    ``(B) has the effect described in section 5044(c), 
                including--
                            ``(i) the right to treat an offense to 
                        which an expunged record relates, and any 
                        arrest, juvenile delinquency proceeding, 
                        adjudication, 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 statement 
                        laws with respect to an expunged record;
            ``(5) the term `expungement hearing' means a hearing held 
        under section 5044(b)(2)(B);
            ``(6) the term `expungement petition' means a petition for 
        expungement filed under section 5044(b);
            ``(7) the term `juvenile' means--
                    ``(A) except as provided in subparagraph (B), a 
                person who has not attained the age of 18; and
                    ``(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 (42 U.S.C. 5603)); or
                    ``(B) a sex offense (as that term is defined in 
                section 111 of the Sex Offender Registration and 
                Notification Act (42 U.S.C. 16911));
            ``(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--
                            ``(i) a juvenile legal file, including a 
                        formal document such as a petition, notice, 
                        motion, legal memorandum, order, or decree;
                            ``(ii) a social record, including--
                                    ``(I) a record of a probation 
                                officer;
                                    ``(II) a record of any government 
                                agency that keeps records relating to 
                                juvenile delinquency;
                                    ``(III) a medical record;
                                    ``(IV) a psychiatric or 
                                psychological record;
                                    ``(V) a birth certificate;
                                    ``(VI) an education record, 
                                including 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 
                                includes personally identifiable 
                                information that may be associated with 
                                a juvenile delinquency proceeding, an 
                                act of juvenile delinquency, or an 
                                alleged act of juvenile delinquency;
                            ``(iii) a law enforcement record, 
                        including--
                                    ``(I) fingerprints;
                                    ``(II) a DNA sample; or
                                    ``(III) a photograph; and
                            ``(iv) a State criminal justice information 
                        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 examined 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 substantive 
                        equivalent; and
                    ``(B) has the effect described in section 5043(c), 
                including--
                            ``(i) the right to treat an offense to 
                        which a sealed record relates, and any arrest, 
                        juvenile delinquency proceeding, adjudication, 
                        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 statement 
                        laws with respect to a sealed record;
            ``(13) the term `sealing hearing' means a hearing held 
        under section 3632(b)(2)(B); and
            ``(14) the term `sealing petition' means a petition for a 
        sealing order filed under section 5043(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 following: 
        ``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 jurisdiction over a juvenile, the 
        district court''.
    (d) Sealing; Expungement.--
            (1) In general.--Chapter 403 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 5043. Sealing
    ``(a) Automatic Sealing of Nonviolent Offenses.--
            ``(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 
                delinquency since the date of the disposition; and
                    ``(B) is not engaged in active criminal court 
                proceedings or juvenile delinquency proceedings.
            ``(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.
            ``(3) Notice of automatic sealing.--A court that orders the 
        sealing of a juvenile record of a person under paragraph (1) 
        shall, in writing, inform the person 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.
    ``(b) Petitioning for Early Sealing of Nonviolent Offenses.--
            ``(1) Right to file sealing petition.--
                    ``(A) In general.--During the 3-year period 
                beginning on 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 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 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 necessary 
                procedures for filing the sealing petition--
                            ``(i) on the date on which the individual 
                        is adjudged delinquent; and
                            ``(ii) on the date on which the individual 
                        has completed every term of probation, official 
                        detention, or juvenile delinquent 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 petitioner, 
                        to any other individual that the petitioner 
                        determines may testify as to--
                                    ``(I) the conduct of the petitioner 
                                since the date of the offense; or
                                    ``(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 
                                accordance with subparagraph (C).
                            ``(ii) 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 Attorney 
                                General may send a representative to 
                                testify or offer evidence at the 
                                sealing hearing in support of or 
                                against sealing.
                                    ``(III) Other individuals.--An 
                                individual who receives notice under 
                                subparagraph (A)(ii) may testify or 
                                offer evidence at the sealing hearing 
                                as to the issues described in 
                                subclauses (I) and (II) of that 
                                subparagraph.
                            ``(iii) Waiver of hearing.--If the 
                        petitioner and the Attorney General so agree, 
                        the court shall make a determination under 
                        subparagraph (C) without a hearing.
                    ``(C) Basis for decision.--The court shall 
                determine whether to grant the sealing petition after 
                considering--
                            ``(i) the sealing petition and any 
                        documents 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 
                        petitioner;
                            ``(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 nonviolent 
                        offense;
                            ``(vi) the disposition of the case;
                            ``(vii) the manner in which the petitioner 
                        participated in any court-ordered 
                        rehabilitative programming or supervised 
                        services;
                            ``(viii) the length of the time period 
                        during which the petitioner has been without 
                        contact with any court or law enforcement 
                        agency;
                            ``(ix) whether the petitioner has had any 
                        criminal or juvenile delinquency involvement 
                        since the disposition of the juvenile 
                        delinquency proceeding; and
                            ``(x) the adverse consequences the 
                        petitioner may suffer if the petition is not 
                        granted.
                    ``(D) Waiting period after denial.--If the court 
                denies a sealing petition, the petitioner may not file 
                a new sealing petition with respect to the same 
                juvenile nonviolent offense until the date that is 2 
                years after the date of the denial.
                    ``(E) 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.
                    ``(F) No fee for sealing.--There shall be no cost 
                for filing a sealing petition.
                    ``(G) Reporting.--Not later than 2 years after the 
                date of enactment of this section, and each year 
                thereafter, each district court of the United States 
                shall issue a public report that--
                            ``(i) describes--
                                    ``(I) the number of sealing 
                                petitions granted and denied under this 
                                subsection; and
                                    ``(II) the number of instances in 
                                which the Attorney General supported or 
                                opposed a sealing petition;
                            ``(ii) includes any supporting data that 
                        the court determines relevant and that does not 
                        name any petitioner; and
                            ``(iii) disaggregates all relevant data by 
                        race, ethnicity, gender, and the nature of the 
                        offense.
                    ``(H) Public defender eligibility.--
                            ``(i) Petitioners under age 18.--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 subsection if 
                        the petitioner is less than 18 years of age.
                            ``(ii) Petitioners age 18 and older.--
                                    ``(I) Discretion of court.--In the 
                                case of a petitioner who not less than 
                                18 years of age, the district court 
                                may, in its discretion, appoint counsel 
                                in accordance with the plan of the 
                                district court in operation under 
                                section 3006A to represent the 
                                petitioner for purposes of this 
                                subsection.
                                    ``(II) Considerations.--In 
                                determining whether to appoint counsel 
                                under subclause (I), the court shall 
                                consider--
                                            ``(aa) the anticipated 
                                        complexity of the sealing 
                                        hearing, including the number 
                                        and type of witnesses called to 
                                        advocate against the sealing of 
                                        the records of the petitioner; 
                                        and
                                            ``(bb) the potential for 
                                        adverse testimony by a victim 
                                        or a representative of the 
                                        Attorney General.
    ``(c) Effect of Sealing Order.--
            ``(1) In general.--Except as provided in this subsection, 
        if a court orders the sealing of a juvenile record under 
        subsection (a) or (b) with respect to a juvenile nonviolent 
        offense, the offense and any arrest, juvenile delinquency 
        proceeding, adjudication, or other result of such proceeding 
        relating to the offense shall be treated as if it never 
        occurred.
            ``(2) Verification of sealing.--If a court orders the 
        sealing of a juvenile record under subsection (a) or (b) with 
        respect to a juvenile nonviolent offense, the court shall--
                    ``(A) send a copy of the sealing order to each 
                entity or person known to the court that possesses a 
                record relating to the offense, including each--
                            ``(i) law enforcement agency; and
                            ``(ii) public or private correctional or 
                        detention facility;
                    ``(B) in the sealing order, require each entity or 
                person described in subparagraph (A) to--
                            ``(i) seal the record; and
                            ``(ii) 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;
                    ``(C) seal each paper and electronic copy of the 
                record in the possession of the court; and
                    ``(D) after receiving a written certification from 
                each entity or person under subparagraph (B)(ii), 
                notify the petitioner that each entity or person 
                described in subparagraph (A) has sealed each paper and 
                electronic copy of the record.
            ``(3) Protection from perjury laws.--Except as provided in 
        paragraph (5)(C)(i), the person who is the subject of a 
        juvenile record sealed under subsection (a) or (b) or a parent 
        of the person 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 acknowledge 
        the record or respond to any inquiry made of the person or the 
        parent, relating to the record, for any purpose.
            ``(4) Law enforcement access to sealed records.--A law 
        enforcement agency may access a sealed juvenile record of a 
        person solely--
                    ``(A) to determine whether the person is eligible 
                for a first-time-offender diversion program;
                    ``(B) for investigatory or prosecutorial purposes 
                within the juvenile justice system; or
                    ``(C) for a background check that relates to--
                            ``(i) law enforcement employment; or
                            ``(ii) any position that a Federal agency 
                        designates as a--
                                    ``(I) national security position; 
                                or
                                    ``(II) high-risk, public trust 
                                position.
            ``(5) Prohibition on disclosure.--
                    ``(A) Prohibition.--Except as provided in 
                subparagraph (C), it shall be unlawful to intentionally 
                make or attempt to make an unauthorized disclosure of 
                any information from a sealed juvenile record in 
                violation of this section.
                    ``(B) Penalty.--Any person who violates 
                subparagraph (A) shall be fined under this title, 
                imprisoned for not more than 1 year, or both.
                    ``(C) Exceptions.--
                            ``(i) Background checks.--A person who is 
                        the subject of a juvenile record sealed under 
                        this section 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 employment that requires 
                                a government security clearance.
                            ``(ii) Disclosure to armed forces.--A 
                        person may disclose information from a sealed 
                        juvenile record 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.
                            ``(iii) Criminal and juvenile 
                        proceedings.--A prosecutor may disclose 
                        information from a juvenile record sealed under 
                        this section if the information pertains to a 
                        potential witness in a Federal or State--
                                    ``(I) criminal proceeding; or
                                    ``(II) juvenile delinquency 
                                proceeding.
                            ``(iv) Authorization for person to disclose 
                        own record.--A person who is the subject of a 
                        juvenile record sealed under this section may 
                        choose to disclose the record.
``Sec. 5044. Expungement
    ``(a) Automatic Expungement of Certain Records.--
            ``(1) Attorney general motion.--
                    ``(A) Nonviolent offenses committed before a person 
                turned 15.--If a person is adjudicated delinquent under 
                this chapter for a juvenile nonviolent offense 
                committed before the person attained 15 years of age, 
                on the date on which the person attains 18 years of 
                age, the Attorney General shall file a motion in the 
                district court of the United States in which the person 
                was adjudicated delinquent requesting that each 
                juvenile record of the person that relates to the 
                offense be expunged.
                    ``(B) Arrests.--If a juvenile is arrested for an 
                offense for which a juvenile delinquency proceeding is 
                not instituted under this subchapter, the Attorney 
                General shall file a motion in the district court of 
                the United States that would have had jurisdiction of 
                the proceeding requesting that each juvenile record 
                relating to the arrest be expunged.
                    ``(C) Expungement order.--Upon the filing of a 
                motion in a district court of the United States with 
                respect to a juvenile nonviolent offense under 
                subparagraph (A) or an arrest for an offense under 
                subparagraph (B), the court shall grant the motion and 
                order that each juvenile record relating to the offense 
                or arrest, as applicable, be expunged.
            ``(2) Dismissed cases.--If a district court of the United 
        States dismisses an information with respect to a juvenile 
        under this subchapter or finds a juvenile not to be delinquent 
        in a juvenile delinquency proceeding under this subchapter, the 
        court shall concurrently order that each juvenile record 
        relating to the applicable proceeding be expunged.
            ``(3) Automatic nature of expungement.--An order of 
        expungement under paragraph (1)(C) or (2) shall not require any 
        action by the person whose records are to be expunged.
            ``(4) Notice of automatic expungement.--A court that orders 
        the expungement of a juvenile record of a person under 
        paragraph (1)(C) or (2) shall, in writing, inform the person of 
        the expungement and the benefits of expunging the record, 
        including protection from civil and criminal perjury, false 
        swearing, and false statement laws with respect to the record.
    ``(b) Petitioning for Expungement of Nonviolent Offenses.--
            ``(1) In general.--A person who is adjudged delinquent 
        under this chapter for a juvenile nonviolent offense committed 
        on or after the date on which the person attained 15 years of 
        age may petition the court in which the proceeding took place 
        to order the expungement of the juvenile record that relates to 
        the offense.
            ``(2) Procedures.--
                    ``(A) Notification of prosecutor and victims.--If a 
                person files an expungement 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 petitioner, 
                        to any other individual that the petitioner 
                        determines may testify as to--
                                    ``(I) the conduct of the petitioner 
                                since the date of the offense; or
                                    ``(II) the reasons that the 
                                expungement order should be entered.
                    ``(B) Hearing.--
                            ``(i) In general.--Not later than 180 days 
                        after the date on which a person files an 
                        expungement 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 
                                an expungement order for the person in 
                                accordance with subparagraph (C).
                            ``(ii) Opportunity to testify and offer 
                        evidence.--
                                    ``(I) Petitioner.--The petitioner 
                                may testify or offer evidence at the 
                                expungement hearing in support of 
                                expungement.
                                    ``(II) Prosecutor.--The Attorney 
                                General may send a representative to 
                                testify or offer evidence at the 
                                expungement hearing in support of or 
                                against expungement.
                                    ``(III) Other individuals.--An 
                                individual who receives notice under 
                                subparagraph (A)(ii) may testify or 
                                offer evidence at the expungement 
                                hearing as to the issues described in 
                                subclauses (I) and (II) of that 
                                subparagraph.
                    ``(C) Basis for decision.--The court shall 
                determine whether to grant an expungement petition 
                after considering--
                            ``(i) the petition and any documents in the 
                        possession of the court;
                            ``(ii) all the evidence and testimony 
                        presented at the expungement hearing, if such a 
                        hearing is conducted;
                            ``(iii) the best interests of the 
                        petitioner;
                            ``(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 nonviolent 
                        offense;
                            ``(vi) the disposition of the case;
                            ``(vii) the manner in which the petitioner 
                        participated in any court-ordered 
                        rehabilitative programming or supervised 
                        services;
                            ``(viii) the length of the time period 
                        during which the petitioner has been without 
                        contact with any court or any law enforcement 
                        agency;
                            ``(ix) whether the petitioner has had any 
                        criminal or juvenile delinquency involvement 
                        since the disposition of the juvenile 
                        delinquency proceeding; and
                            ``(x) the adverse consequences the 
                        petitioner may suffer if the petition is not 
                        granted.
                    ``(D) Waiting period after denial.--If the court 
                denies an expungement petition, the petitioner may not 
                file a new expungement petition with respect to the 
                same offense until the date that is 2 years after the 
                date of the denial.
                    ``(E) 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 
                an expungement petition.
                    ``(F) No fee for expungement.--There shall be no 
                cost for filing an expungement petition.
                    ``(G) Reporting.--Not later than 2 years after the 
                date of enactment of this section, and each year 
                thereafter, each district court of the United States 
                shall issue a public report that--
                            ``(i) describes--
                                    ``(I) the number of expungement 
                                petitions granted and denied under this 
                                subsection; and
                                    ``(II) the number of instances in 
                                which the Attorney General supported or 
                                opposed an expungement petition;
                            ``(ii) includes any supporting data that 
                        the court determines relevant and that does not 
                        name any petitioner; and
                            ``(iii) disaggregates all relevant data by 
                        race, ethnicity, gender, and the nature of the 
                        offense.
                    ``(H) Public defender eligibility.--
                            ``(i) Petitioners under age 18.--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 subsection if 
                        the petitioner is less than 18 years of age.
                            ``(ii) Petitioners age 18 and older.--
                                    ``(I) Discretion of court.--In the 
                                case of a petitioner who not less than 
                                18 years of age, the district court 
                                may, in its discretion, appoint counsel 
                                in accordance with the plan of the 
                                district court in operation under 
                                section 3006A to represent the 
                                petitioner for purposes of this 
                                subsection.
                                    ``(II) Considerations.--In 
                                determining whether to appoint counsel 
                                under subclause (I), the court shall 
                                consider--
                                            ``(aa) the anticipated 
                                        complexity of the expungement 
                                        hearing, including the number 
                                        and type of witnesses called to 
                                        advocate against the 
                                        expungement of the records of 
                                        the petitioner; and
                                            ``(bb) the potential for 
                                        adverse testimony by a victim 
                                        or a representative of the 
                                        Attorney General.
    ``(c) Effect of Expunged Juvenile Record.--
            ``(1) In general.--Except as provided in this subsection, 
        if a court orders the expungement of a juvenile record under 
        subsection (a) or (b) with respect to a juvenile nonviolent 
        offense--
                    ``(A) the offense and any arrest, juvenile 
                delinquency proceeding, adjudication, or other result 
                of such proceeding relating to the offense shall be 
                treated as if it never occurred; and
                    ``(B) the person to whom the record pertains shall 
                not be required to disclose the existence of the 
                record.
            ``(2) Verification of expungement.--If a court orders the 
        expungement of a juvenile record under subsection (a) or (b) 
        with respect to a juvenile nonviolent offense, the court 
        shall--
                    ``(A) send a copy of the expungement order to each 
                entity or person known to the court that possesses a 
                record relating to the offense, including each--
                            ``(i) law enforcement agency; and
                            ``(ii) public or private correctional or 
                        detention facility;
                    ``(B) in the expungement order, require each entity 
                or person described in subparagraph (A) to--
                            ``(i) destroy the record; and
                            ``(ii) submit a written certification to 
                        the court, under penalty of perjury, that the 
                        entity or person has destroyed each paper and 
                        electronic copy of the record;
                    ``(C) destroy each paper and electronic copy of the 
                record in the possession of the court; and
                    ``(D) after receiving a written certification from 
                each entity or person under subparagraph (B)(ii), 
                notify the petitioner that each entity or person 
                described in subparagraph (A) has destroyed each paper 
                and electronic copy of the record.
            ``(3) Reply to inquiries.--In the case of an inquiry 
        relating to a juvenile record of a person that is expunged 
        under this section, the court in which the proceeding took 
        place, each law enforcement officer, any agency that provided 
        treatment or rehabilitation services to the person, and the 
        person (except as provided in paragraph (6)) shall reply to the 
        inquiry that no such juvenile record exists.
            ``(4) Protection from perjury laws.--Except as provided in 
        paragraph (5), if a juvenile record of a person is expunged 
        under this section, the person who is the subject of the record 
        or a parent of the person 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 acknowledge the record or respond to any inquiry 
        made of the person or the parent, relating to the record, for 
        any purpose.
            ``(5) Civil actions.--
                    ``(A) In general.--If a person whose juvenile 
                record is expunged under this section brings an action 
                that might be defended with the contents of the record, 
                there shall be a rebuttable presumption that the 
                defendant has a complete defense to the action.
                    ``(B) Showing by plaintiff.--In an action described 
                in subparagraph (A), the plaintiff may rebut the 
                presumption of a complete defense by showing that the 
                contents of the expunged record would not prevent the 
                defendant from being liable.
                    ``(C) Duty to testify as to existence of record.--
                The court in which an action described in subparagraph 
                (A) is filed may require the plaintiff to state under 
                oath whether the plaintiff had a juvenile record and 
                whether the record was expunged.
                    ``(D) Proof of existence of juvenile record.--If 
                the plaintiff in an action described in subparagraph 
                (A) denies the existence of a juvenile record, the 
                defendant may prove the existence of the record in any 
                manner compatible with the applicable laws of evidence.
            ``(6) Criminal and juvenile proceedings.--A prosecutor may 
        disclose information from a juvenile record expunged under this 
        section if the information pertains to a potential witness in a 
        Federal or State--
                    ``(A) criminal proceeding; or
                    ``(B) juvenile delinquency proceeding.
            ``(7) Authorization for person to disclose own record.--A 
        person who is the subject of a juvenile record expunged under 
        this section may choose to disclose the record.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 403 of title 18, United States Code, is 
        amended by adding at the end the following:

``5043. Sealing.
``5044. Expungement.''.
            (3) Applicability.--Sections 5043 and 5044 of title 18, 
        United States Code, as added by paragraph (1), shall apply with 
        respect to a juvenile nonviolent offense (as defined in section 
        5031 of such title, as amended by subsection (b)) that is 
        committed or alleged to have been committed before, on, or 
        after the date of enactment of this Act.
    (e) Juvenile Solitary Confinement.--
            (1) In general.--Chapter 403 of title 18, United States 
        Code, as amended by this Act, is further amended by adding at 
        the end the following:
``Sec. 5045. Juvenile solitary confinement
    ``(a) Definitions.--In this section--
            ``(1) the term `covered juvenile' means--
                    ``(A) a juvenile who--
                            ``(i) is being proceeded against under this 
                        chapter for an alleged act of juvenile 
                        delinquency; or
                            ``(ii) has been adjudicated delinquent 
                        under this chapter; or
                    ``(B) a juvenile who is being proceeded against as 
                an adult in a district court of the United States for 
                an alleged criminal offense;
            ``(2) the term `juvenile facility' means any facility where 
        covered juveniles are--
                    ``(A) committed pursuant to an adjudication of 
                delinquency under this chapter; or
                    ``(B) detained prior to disposition or conviction; 
                and
            ``(3) the term `room confinement' means the involuntary 
        placement of a covered juvenile alone in a cell, room, or other 
        area for any reason.
    ``(b) Prohibition on Room Confinement in Juvenile Facilities.--
            ``(1) In general.--The use of room confinement at a 
        juvenile facility for discipline, punishment, retaliation, or 
        any reason other than as a temporary response to a covered 
        juvenile's behavior that poses a serious and immediate risk of 
        physical harm to any individual, including the covered 
        juvenile, is prohibited.
            ``(2) Juveniles posing risk of harm.--
                    ``(A) Requirement to use least restrictive 
                techniques.--
                            ``(i) In general.--Before a staff member of 
                        a juvenile facility places a covered juvenile 
                        in room confinement, the staff member shall 
                        attempt to use less restrictive techniques, 
                        including--
                                    ``(I) talking with the covered 
                                juvenile in an attempt to de-escalate 
                                the situation; and
                                    ``(II) permitting a qualified 
                                mental health professional, or a staff 
                                member who has received training in de-
                                escalation techniques and trauma-
                                informed care, to talk to the covered 
                                juvenile.
                            ``(ii) Explanation.--If, after attempting 
                        to use less restrictive techniques as required 
                        under clause (i), a staff member of a juvenile 
                        facility decides to place a covered juvenile in 
                        room confinement, the staff member shall 
                        first--
                                    ``(I) explain to the covered 
                                juvenile the reasons for the room 
                                confinement; and
                                    ``(II) inform the covered juvenile 
                                that release from room confinement will 
                                occur--
                                            ``(aa) immediately when the 
                                        covered juvenile regains self-
                                        control, as described in 
                                        subparagraph (B)(i); or
                                            ``(bb) not later than after 
                                        the expiration of the time 
                                        period described in subclause 
                                        (I) or (II) of subparagraph 
                                        (B)(ii), as applicable.
                    ``(B) Maximum period of confinement.--If a covered 
                juvenile is placed in room confinement because the 
                covered juvenile poses a serious and immediate risk of 
                physical harm to himself or herself, or to others, the 
                covered juvenile shall be released--
                            ``(i) immediately when the covered juvenile 
                        has sufficiently gained control so as to no 
                        longer engage in behavior that threatens 
                        serious and immediate risk of physical harm to 
                        himself or herself, or to others; or
                            ``(ii) if a covered juvenile does not 
                        sufficiently gain control as described in 
                        clause (i), not later than--
                                    ``(I) 3 hours after being placed in 
                                room confinement, in the case of a 
                                covered juvenile who poses a serious 
                                and immediate risk of physical harm to 
                                others; or
                                    ``(II) 30 minutes after being 
                                placed in room confinement, in the case 
                                of a covered juvenile who poses a 
                                serious and immediate risk of physical 
                                harm only to himself or herself.
                    ``(C) Risk of harm after maximum period of 
                confinement.--If, after the applicable maximum period 
                of confinement under subclause (I) or (II) of 
                subparagraph (B)(ii) has expired, a covered juvenile 
                continues to pose a serious and immediate risk of 
                physical harm described in that subclause--
                            ``(i) the covered juvenile shall be 
                        transferred immediately to another juvenile 
                        facility or internal location where services 
                        can be provided to the covered juvenile without 
                        relying on room confinement; or
                            ``(ii) if a qualified mental health 
                        professional believes the level of crisis 
                        service needed is not currently available, a 
                        staff member of the juvenile facility shall 
                        immediately transport the juvenile to--
                                    ``(I) an emergency medical 
                                facility; or
                                    ``(II) an equivalent location that 
                                can meet the needs of the covered 
                                juvenile.
                    ``(D) Action before expiration of time limit.--
                Nothing in subparagraph (C) shall be construed to 
                prohibit an action described in clause (i) or (ii) of 
                that subparagraph from being taken before the 
                applicable maximum period of confinement under 
                subclause (I) or (II) of subparagraph (B)(ii) has 
                expired.
                    ``(E) Conditions.--A room used for room confinement 
                for a juvenile shall--
                            ``(i) have not less than 80 square feet of 
                        floor space;
                            ``(ii) have adequate lighting, heating or 
                        cooling (as applicable), and ventilation for 
                        the comfort of the juvenile;
                            ``(iii) be suicide-resistant and 
                        protrusion-free; and
                            ``(iv) have access to clean potable water, 
                        toilet facilities, and hygiene supplies.
                    ``(F) Notice.--
                            ``(i) Use of room confinement.--Not later 
                        than 1 business day after the date on which a 
                        juvenile facility places a covered juvenile in 
                        room confinement, the juvenile facility shall 
                        provide notice to the attorney of record for 
                        the juvenile.
                            ``(ii) Transfer.--Not later than 24 hours 
                        after a covered juvenile is transferred from a 
                        juvenile facility to another location, the 
                        juvenile facility shall provide notice to--
                                    ``(I) the attorney of record for 
                                the juvenile; and
                                    ``(II) an authorized parent or 
                                guardian of the juvenile.
                    ``(G) Spirit and purpose.--The use of consecutive 
                periods of room confinement to evade the spirit and 
                purpose of this subsection shall be prohibited.
    ``(c) Study and Report.--Not later than 2 years after the date of 
enactment of this section, and each year thereafter, the Attorney 
General shall submit to Congress a report that--
            ``(1) contains a detailed description of the type of 
        physical force, restraints, and room confinement used at 
        juvenile facilities;
            ``(2) describes the number of instances in which physical 
        force, restraints, or room confinement are used at juvenile 
        facilities, disaggregated by race, ethnicity, and gender; and
            ``(3) contains a detailed description of steps taken, in 
        each instance in which room confinement is used at a juvenile 
        facility, to address and remedy the underlying issue that led 
        to behavioral intervention resulting in the use of room 
        confinement, including any positive or negative outcomes.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 403 of title 18, United States Code, as 
        amended by this Act, is further amended by adding at the end 
        the following:

``5045. Juvenile solitary confinement.''.

SEC. 4. STUDY AND REPORT ON COST SAVINGS FROM SEALING AND EXPUNGEMENT 
              PROVISIONS.

    (a) Study.--
            (1) In general.--Not later than 5 years after the date of 
        enactment of this Act, the Attorney General, in consultation 
        with the Secretary of Labor and the Director of the Office of 
        Management and Budget, shall conduct a study on the cost 
        savings and broader economic impact of the sealing and 
        expungement provisions in the amendments made by sections 2, 3, 
        and 6 of this Act.
            (2) Considerations.--In conducting the study under 
        paragraph (1), the Attorney General shall consider--
                    (A) the reduction in recidivism and associated cost 
                savings related to corrections and public safety;
                    (B) increased economic activity by former 
                offenders, including by conducting an analysis of the 
                tax revenue generated by that activity; and
                    (C) the economic impact on the household of former 
                offenders and the children of former offenders.
    (b) Report.--Not later than 5 years after the date of enactment of 
this Act, the Attorney General shall submit to Congress a report on the 
study conducted under subsection (a).

SEC. 5. TANF ASSISTANCE AND SNAP BENEFITS.

    (a) Amendment to Ban on Assistance.--Section 115 of the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (21 
U.S.C. 862a) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively, and adjusting 
                the margins accordingly;
                    (B) in the matter preceding subparagraph (A), as 
                redesignated--
                            (i) by striking ``An individual'' and 
                        inserting the following:
            ``(1) Denial of assistance and benefits.--Except as 
        provided in paragraph (2), an individual''; and
                            (ii) by striking ``possession, use, or''; 
                        and
                    (C) by adding at the end the following:
            ``(2) Exception for individuals who receive treatment and 
        other individuals.--The prohibition under paragraph (1) shall 
        not apply to an individual convicted of an offense described in 
        paragraph (1) who--
                    ``(A)(i) has successfully completed a certified 
                substance abuse treatment program; and
                    ``(ii) has not committed a subsequent offense 
                described in paragraph (1);
                    ``(B) is participating in a certified substance 
                abuse treatment program;
                    ``(C)(i) is eligible for and has sought to 
                participate in a certified substance abuse treatment 
                program; and
                    ``(ii) agrees to immediately enroll and participate 
                in a certified substance abuse treatment program once a 
                slot becomes available for the individual;
                    ``(D) is a custodial parent;
                    ``(E)(i) is suffering from a serious illness, other 
                than a substance abuse disorder; and
                    ``(ii) provides documentation of the illness 
                described in clause (i) with a letter of diagnosis from 
                a medical provider;
                    ``(F) is pregnant; or
                    ``(G) is in compliance with the terms of the 
                sentence imposed on the individual for the 
                conviction.'';
            (2) in subsection (d), by striking ``the date of the 
        enactment of this Act'' each place that term appears and 
        inserting ``the date of enactment of the Record Expungement 
        Designed to Enhance Employment Act of 2017'';
            (3) by striking subsection (e) and inserting the following:
    ``(e) Definitions.--For purposes of this section--
            ``(1) the term `certified substance abuse treatment 
        program' means a course of substance abuse disorder treatment 
        prescribed by a qualified behavioral health provider;
            ``(2) the term `custodial parent' means an individual who 
        has custody of, and lives in the same household as--
                    ``(A) a dependent child who is less than 18 years 
                of age; or
                    ``(B) a disabled child of the individual who is not 
                less than 18 years of age;
            ``(3) the term `State' has the meaning given the term--
                    ``(A) in section 419(5) of the Social Security Act, 
                when referring to assistance provided under a State 
                program funded under part A of title IV of the Social 
                Security Act; and
                    ``(B) in section 3 of the Food and Nutrition Act of 
                2008 (7 U.S.C. 2012), when referring to the 
                supplemental nutrition assistance program (as defined 
                in that section) or any State program carried out under 
                that Act; and
            ``(4) the term `successfully completed', with respect to an 
        individual who participates in a certified substance abuse 
        treatment program, means the individual has completed the 
        prescribed course of treatment for a substance abuse 
        disorder.''; and
            (4) in subsection (f), by striking paragraph (5) and 
        inserting the following:
            ``(5) Employment services, including job training programs 
        and any other employment services that are funded using 
        assistance or benefits referred to in subsection (a).''.
    (b) Effect on State Elections To Opt Out or Limit Period of 
Prohibition.--
            (1) Definitions.--In this subsection--
                    (A) the term ``State'' has the meaning given the 
                term in section 115(e) of the Personal Responsibility 
                and Work Opportunity Reconciliation Act of 1996 (21 
                U.S.C. 862a(e)); and
                    (B) the term ``TANF assistance or SNAP benefits'' 
                means assistance or benefits referred to in section 
                115(a) of the Personal Responsibility and Work 
                Opportunity Reconciliation Act of 1996.
            (2) Effect.--A law enacted by a State under the authority 
        under subparagraph (A) or (B) of subsection (d)(1) of section 
        115 of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (21 U.S.C. 862a) (as in effect on 
        the day before the date of enactment of this Act), and any 
        State law or regulation enacted to carry out the requirements 
        of such section (as in effect on the day before the date of 
        enactment of this Act), that imposes conditions on eligibility 
        for TANF assistance or SNAP benefits that are more restrictive 
        than the conditions on eligibility for TANF assistance or SNAP 
        benefits under such section as amended by subsection (a) shall 
        have no force or effect.

SEC. 6. STATE INCENTIVES.

    (a) COPS Grants Priority.--Section 1701 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is 
amended--
            (1) in subsection (c)--
                    (A) in paragraph (2), by striking ``or'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(4) subject to subsection (l)(1), from an applicant in a 
        State that has in effect--
                    ``(A) a law relating to the confidentiality, 
                sealing, and expungement of juvenile records that is 
                substantially similar to, or more generous to the 
                former offender than, the amendments made by 
                subsections (b) through (d) of section 3 of the Record 
                Expungement Designed to Enhance Employment Act of 2017;
                    ``(B) a law prohibiting juvenile solitary 
                confinement that is substantially similar to, or more 
                restrictive than, the amendment made by subsection (e) 
                of section 3 of the Record Expungement Designed to 
                Enhance Employment Act of 2017;
                    ``(C) a law relating to the sealing of adult 
                records that is substantially similar to, or more 
                generous to the former offender than, the amendments 
                made by section 2 of the Record Expungement Designed to 
                Enhance Employment Act of 2017;
                    ``(D) subject to subsection (l)(2), a law that 
                establishes that an adult criminal court may not have 
                original jurisdiction over an individual who was less 
                than 18 years of age when the individual committed an 
                offense;
                    ``(E) a law that allows an individual who has 
                successfully sealed or expunged a criminal record to be 
                free from civil and criminal perjury laws;
                    ``(F) a law relating to the eligibility of 
                individuals for assistance or benefits referred to in 
                subsection (a) of section 115 of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996 (21 U.S.C. 862a(a)) that is no more restrictive 
                than such section, as amended by section 5 of the 
                Record Expungement Designed to Enhance Employment Act 
                of 2017; or
                    ``(G) a law or policy that ensures to the maximum 
                extent practicable, for juveniles who have been 
                arrested for or convicted of a criminal offense--
                            ``(i) equal sentencing guidelines, without 
                        regard to gender; and
                            ``(ii) equal access, without regard to 
                        gender, to services, assistance, or benefits 
                        provided.''; and
            (2) by adding at the end the following:
    ``(l) Rules for Preferential Consideration of States With Laws 
Similar to REDEEM Act.--
            ``(1) Degree of priority commensurate with degree of 
        compliance.--If the Attorney General, in awarding grants under 
        this part, gives preferential consideration to any application 
        as authorized under subsection (c)(4), the Attorney General 
        shall base the degree of preferential consideration given to an 
        application from an applicant in a particular State on the 
        number of subparagraphs under that subsection that the State 
        has satisfied, relative to the number of such subparagraphs 
        that each other State has satisfied.
            ``(2) Juvenile transfer provisions.--Subsection (c)(4)(D) 
        shall not be construed to preclude from preferential 
        consideration an application from an applicant in a State 
        that--
                    ``(A) has in effect a law that authorizes the 
                transfer of an individual who is less than 18 years of 
                age to adult criminal court if the individual commits a 
                specified offense or an offense that falls under a 
                specified category of offenses; or
                    ``(B) exercises other case-specific transfer 
                mechanisms.''.
    (b) Attorney General Guidelines and Technical Assistance.--The 
Attorney General shall issue guidelines and provide technical 
assistance to assist States in complying with the incentive under 
section 1701(c)(4) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796dd(c)(4)), as added by subsection 
(a).

SEC. 7. GENDER EQUALITY IN FEDERAL JUVENILE DELINQUENCY PROCEEDINGS.

    (a) Dispositions.--Section 5037 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(f) Gender Equality.--
            ``(1) Policy of the united states.--It is the policy of the 
        United States that there should be no disparities based on 
        gender in dispositions of juvenile cases.
            ``(2) Directive to sentencing commission and courts.--The 
        United States Sentencing Commission, in promulgating sentencing 
        guidelines and policy statements applicable to dispositions of 
        district courts exercising jurisdiction over juveniles, and the 
        courts, in determining such dispositions, shall take care to 
        avoid and remedy any disparities described in paragraph (1).''.
    (b) Commitments.--Section 5039 of title 18, United States Code, is 
amended, in the second paragraph, by adding at the end the following: 
``The Attorney General shall promulgate regulations that ensure, to the 
maximum extent practicable, equal access, without regard to gender, to 
services, assistance, or benefits provided, to juveniles who have been 
arrested under Federal authority, or committed pursuant to an 
adjudication under this chapter, for juvenile delinquency.''.

SEC. 8. ENSURING ACCURACY IN THE FBI BACKGROUND CHECK SYSTEM.

    (a) In General.--Section 534 of title 28, United States Code, is 
amended by adding at the end the following:
    ``(g) Ensuring Accuracy in the FBI Background Check System.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `applicant' means the individual to 
                whom a record sought to be exchanged pertains;
                    ``(B) the term `incomplete', with respect to a 
                record, means the record--
                            ``(i) indicates that an individual was 
                        arrested but does not describe the offense for 
                        which the individual was arrested; or
                            ``(ii) indicates that an individual was 
                        arrested or criminal proceedings were 
                        instituted against an individual but does not 
                        include the final disposition of the arrest or 
                        of the proceedings if a final disposition has 
                        been reached;
                    ``(C) the term `record' means a record or other 
                information collected under this section;
                    ``(D) the term `reporting jurisdiction' means any 
                person or entity that provides a record to the Attorney 
                General under this section; and
                    ``(E) the term `requesting entity'--
                            ``(i) means a person or entity that seeks 
                        the exchange of a record for civil purposes 
                        that include employment, housing, credit, or 
                        any other type of application; and
                            ``(ii) does not include a law enforcement 
                        or intelligence agency that seeks the exchange 
                        of a record for--
                                    ``(I) investigative purposes; or
                                    ``(II) purposes relating to law 
                                enforcement employment.
            ``(2) Incomplete or inaccurate records.--The Attorney 
        General shall establish and enforce procedures to ensure the 
        prompt release of accurate records exchanged for employment-
        related purposes through the records system created under this 
        section.
            ``(3) Required procedures.--The procedures established 
        under paragraph (2) shall include the following:
                    ``(A) Inaccurate record or information.--If the 
                Attorney General determines that a record is 
                inaccurate, the Attorney General shall promptly correct 
                the record, including by making deletions to the record 
                if appropriate.
                    ``(B) Incomplete record.--
                            ``(i) In general.--If the Attorney General 
                        determines that a record is incomplete or 
                        cannot be verified, the Attorney General--
                                    ``(I) shall attempt to complete or 
                                verify the record; and
                                    ``(II) if unable to complete or 
                                verify the record, may promptly make 
                                any changes or deletions to the record.
                            ``(ii) Lack of disposition of arrest.--For 
                        purposes of this subparagraph, an incomplete 
                        record includes a record that indicates there 
                        was an arrest and does not include the 
                        disposition of the arrest.
                            ``(iii) Obtaining disposition of arrest.--
                        If the Attorney General determines that a 
                        record is an incomplete record described in 
                        clause (ii), the Attorney General shall, not 
                        later than 10 days after the date on which the 
                        requesting entity requests the exchange and 
                        before the exchange is made, obtain the 
                        disposition (if any) of the arrest.
                    ``(C) Notification of reporting jurisdiction.--The 
                Attorney General shall notify each appropriate 
                reporting jurisdiction of any action taken under 
                subparagraph (A) or (B).
                    ``(D) Opportunity to review records by applicant.--
                In connection with an exchange of a record under this 
                section, the Attorney General shall--
                            ``(i) obtain the consent of the applicant 
                        to exchange the record with the requesting 
                        entity;
                            ``(ii) at the time of consent, notify the 
                        applicant that the applicant can obtain a copy 
                        of the record;
                            ``(iii) provide to the applicant an 
                        opportunity to--
                                    ``(I) obtain a copy of the record 
                                upon request; and
                                    ``(II) challenge the accuracy and 
                                completeness of the record;
                            ``(iv) promptly notify the requesting 
                        entity of any such challenge;
                            ``(v) not later than 30 days after the date 
                        on which the challenge is made, complete an 
                        investigation of the challenge;
                            ``(vi) provide to the applicant the 
                        specific findings and results of that 
                        investigation;
                            ``(vii) promptly make any changes or 
                        deletions to the records required as a result 
                        of the challenge; and
                            ``(viii) report those changes to the 
                        requesting entity.
                    ``(E) Certain exchanges prohibited.--An exchange 
                shall not include any record--
                            ``(i) about an arrest more than 2 years old 
                        as of the date of the request for the exchange, 
                        that does not also include a disposition (if 
                        any) of that arrest;
                            ``(ii) relating to an adult or juvenile 
                        non-serious offense of the sort described in 
                        section 20.32(b) of title 28, Code of Federal 
                        Regulations, as in effect on July 1, 2009; or
                            ``(iii) to the extent the record is not 
                        clearly an arrest or a disposition of an 
                        arrest.
            ``(4) Fees.--The Attorney General may collect a reasonable 
        fee for an exchange of records for employment-related purposes 
        through the records system created under this section to defray 
        the costs associated with exchanges for those purposes, 
        including any costs associated with the investigation of 
        inaccurate or incomplete records.''.
    (b) Regulations on Reasonable Procedures.--Not later than 1 year 
after the date of enactment of this Act, the Attorney General shall 
issue regulations to carry out section 534(g) of title 28, United 
States Code, as added by subsection (a).
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Attorney General shall submit to Congress a report on the 
implementation of subsection (g) of section 534 of title 28, United 
States Code, as added by subsection (a), that includes--
            (1) the number of exchanges of records for employment-
        related purposes made with entities in each State through the 
        records system created under such section 534;
            (2) any prolonged failure of a reporting jurisdiction to 
        comply with a request by the Attorney General for information 
        about dispositions of arrests; and
            (3) the numbers of successful and unsuccessful challenges 
        to the accuracy and completeness of records, organized by State 
        of origination of each record.

SEC. 9. REPORT ON STATUTORY AND REGULATORY RESTRICTIONS AND 
              DISQUALIFICATIONS BASED ON CRIMINAL RECORDS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Attorney General, in consultation with the Secretary 
of Labor and the Director of the Office of Personnel Management, shall 
submit to Congress a report on each Federal statute, regulation, or 
policy that authorizes a restriction on, or disqualification of, an 
applicant for employment or for a Federal license or permit based on 
the criminal record of the applicant.
    (b) Identification of Information.--In the report submitted under 
subsection (a), the Attorney General shall--
            (1) identify each occupation, position, license, or permit 
        to which a restriction or disqualification described in 
        subsection (a) applies; and
            (2) for each occupation, position, license, or permit 
        identified under paragraph (1), include--
                    (A) a description of the restriction or 
                disqualification;
                    (B) the duration of the restriction or 
                disqualification;
                    (C) an evaluation of the rationale for the 
                restriction or disqualification and its continuing 
                usefulness;
                    (D) the procedures, if any, to appeal, waive or 
                exempt the restriction or disqualification based on a 
                showing of rehabilitation or other relevant evidence;
                    (E) any information available about the numbers of 
                individuals restricted or disqualified on the basis of 
                a criminal record; and
                    (F) the identity of the Federal agency with 
                jurisdiction over the restriction or disqualification.
                                 <all>