2015 REDEEM Act

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114TH CONGRESS
1ST SESSION
S. ll
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

llllllllll
Mr. PAUL (for himself and Mr. BOOKER) introduced the following bill; which
was read twice and referred to the Committee on llllllllll
A BILL
To provide for the sealing or expungement of records relating
to Federal nonviolent criminal offenses, and for other
purposes.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,

3
4
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.This Act may be cited as the
5 Record Expungement Designed to Enhance Employment

6 Act of 2015 or the REDEEM Act.
7
(b) TABLE
OF
CONTENTS.The table of contents for
8 this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Sealing of criminal records.
Sec. 3. Juvenile sealing and expungement.
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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. Ensuring accuracy in the FBI background check system.
Sec. 8. Report on statutory and regulatory restrictions and disqualifications
based on criminal records.
1
2
SEC. 2. SEALING OF CRIMINAL RECORDS.
(a) IN GENERAL.Chapter 229 of title 18, United
3 States Code, is amended by adding at the end the fol4 lowing:

5 Subchapter DSealing of Criminal Records
Sec.
3631. Definitions; eligible individuals.
3632. Sealing petition.
3633. Effect of sealing order.
6 3631. Definitions; eligible individuals

7
8
9
10
11
(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
12
(B) a sex offense (as that term is defined
13
in section 111 of the Sex Offender Registration
14
and Notification Act (42 U.S.C. 16911));
15
(2) the term eligible individual means an in-
16
17
18
dividual who
(A) has been arrested for or convicted of
a covered nonviolent offense;
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(B) in the case of a conviction described
in subparagraph (A), has fulfilled each require-
ment of the sentence for the covered nonviolent
offense, including
(i) completing each term of imprison-
ment, probation, or supervised release; and
(ii) satisfying each condition of im-
prisonment, probation, or supervised re-
lease;
10
(C) subject to subsection (b), has not
11
been convicted of more than 2 felonies that are
12
covered nonviolent offenses, including any such
13
convictions that have been sealed; and
14
(D) has not been convicted of any felony
15
that is not a covered nonviolent offense;
16
(3) the term petitioner means an individual
17
who files a sealing petition; and
18
(4) the term protected information, with re-
19
spect to a covered nonviolent offense, means any ref-
20
erence to
21
22
(A) an arrest, conviction, or sentence of

an individual for the offense;
23
(B) the institution of criminal pro-
24
ceedings against an individual for the offense;
25
or
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(C) the result of criminal proceedings de-
scribed in subparagraph (B);
(5) the term seal
(A) means
(i) to close a record from public
viewing so that the record cannot be exam-
ined except by court order; and
(ii) to physically seal the record shut
and label the record SEALED or, in the
10
case of an electronic record, the sub-
11
stantive equivalent; and
12
(B) has the effect described in section
13
3633, including
14
(i) the right to treat the offense to
15
which a sealed record relates, and any ar-
16
rest, criminal proceeding, conviction, or
17
sentence relating to the offense, as if it
18
never occurred; and
19
(ii) protection from civil and criminal
20
perjury, false swearing, and false state-
21
ment laws with respect to a sealed record;
22
(6) the term sealing hearing means a hearing
23
24
25
held under section 3632(b)(2); and

(7) the term sealing petition means a petition
for a sealing order filed under section 3632(a).
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1
(b) ELIGIBLE INDIVIDUALS.
(1) MULTIPLE
ONE
(a)(2)(C)
CONVICTIONS DEEMED TO BE
CONVICTION.For
purposes of subsection
(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;
10
and
11
(B) subject to paragraph (2), multiple
12
convictions, not to exceed 3, that do not result
13
from or relate to the same act or acts com-
14
mitted at the same time shall be deemed to be
15
1 conviction if the convictions
16
17
(i) result from or relate to

(I) the same
18
19
(aa) indictment, information, or complaint;
20
(bb) plea of guilty; or
21
(cc) official proceeding; or
22
(II) related criminal acts that
23
were committed within a 3-month pe-
24
riod; or
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(ii) are determined to be directly re-
lated to addiction or a substance use dis-
order.
(2) DISCRETION
(A) IN
OF COURT.
GENERAL.A
court reviewing a
sealing petition may determine that it is not in
the public interest to deem multiple convictions
described in paragraph (1)(B) to be 1 convic-
tion.
10
(B) REASONING.If a court makes a de-
11
termination under subparagraph (A), the court
12
shall make available to the public the reasoning
13
for the determination.
14
(C) REPORTING.Not later than 2 years
15
after the date of enactment of this subchapter,
16
and each year thereafter, each district court of
17
the United States shall submit to the appro-
18
priate committees of Congress a report that de-
19
scribes the exercise of discretion by the court
20
under subparagraph (B), with all relevant data
21
disaggregated by race, ethnicity, gender, and
22
the nature of the offense.
23 3632. Sealing petition

24
(a) RIGHT TO FILE SEALING PETITION.
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(1) IN
GENERAL.On
and after the date de-
scribed in paragraph (2), an eligible individual may
file a petition for a sealing order with respect to a
covered nonviolent offense in a district court of the
United States.
6
7
(2) DATES.The date described in this paragraph is
(A) for an eligible individual who is con-
victed of a covered nonviolent offense and sen-
10
tenced to a term of imprisonment, probation, or
11
supervised release, the date that is 1 year after
12
the date on which the eligible individual has
13
completed every such term of imprisonment,
14
probation, or supervised release; and
15
(B) for an eligible individual not de-
16
scribed in subparagraph (A), the date on which
17
the case relating to the covered nonviolent of-
18
fense is disposed of.
19
(3) NOTICE
20
OF OPPORTUNITY TO FILE PETI-
TION.
21
(A) CONVICTED
22
(i) IN
INDIVIDUALS.
GENERAL.If
an individual is
23
convicted of a covered nonviolent offense
24
and will potentially be eligible to file a
25
sealing petition with respect to the offense
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upon fulfilling each requirement of the sen-
tence for the offense as described in sec-
tion 3631(a)(2)(B), the court in which the
individual is convicted shall, in writing, in-
form the individual, on each date described
in clause (ii), of
(I) that potential eligibility;
(II) the necessary procedures
for filing the sealing petition; and
10
(III) the benefits of sealing a
11
record, including protection from civil
12
and criminal perjury, false swearing,
13
and false statement laws with respect
14
to the record.
15
(ii) DATES.The dates described in
16
17
18
this clause are

(I) the date on which the individual is convicted; and
19
(II) the date on which the indi-
20
vidual has completed every term of
21
imprisonment, probation, or super-
22
vised release relating to the offense.
23
24
25
(B) INDIVIDUALS
(i) ARREST
NOT CONVICTED.
ONLY.If
an individual
is arrested for a covered nonviolent of-
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fense, criminal proceedings are not insti-
tuted 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 re-
lating to the offense is disposed of, the ar-
resting authority shall, in writing, inform
the individual of
9
10
11

12
13
14
15
16
to the record.
17
(ii) COURT
PROCEEDINGS.If
an in-
18
dividual is arrested for a covered non-
19
violent offense, criminal proceedings are in-
20
stituted against the individual for the of-
21
fense, the individual is not convicted of the
22
offense, and the individual is potentially el-
23
igible to file a sealing petition with respect
24
to the offense, on the date on which the
25
case relating to the offense is disposed of,
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the court in which the criminal proceedings
take place shall, in writing, inform the in-
dividual of
10
11
to the record.
12
13
(b) PROCEDURES.
(1) NOTIFICATION
TO PROSECUTOR.If
an in-
14
dividual files a petition under subsection (a) with re-
15
spect to a covered nonviolent offense or arrest for a
16
covered nonviolent offense, the district court in
17
which the petition is filed shall provide notice of the
18
petition
19
(A) to the office of the United States at-
20
torney that prosecuted or would have pros-
21
ecuted the petitioner for the offense; and
22
(B) upon the request of the petitioner, to
23
any other individual that the petitioner deter-
24
mines may testify as to the
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2
3
4
(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 6
months after the date on which an individual
files a sealing petition, the district court shall
(i) except as provided in subpara-
10
graph (D), conduct a hearing in accord-
11
ance with subparagraph (B); and
12
(ii) determine whether to enter a
13
sealing order for the individual in accord-
14
ance with paragraph (3).
15
(B) OPPORTUNITY
16
17
TO
TESTIFY
AND
OFFER EVIDENCE.
(i)
PETITIONER.The
petitioner
18
may testify or offer evidence at the sealing
19
hearing in support of sealing.
20
(ii) PROSECUTOR.The office of a
21
United States attorney that receives notice
22
under paragraph (1)(A) may send a rep-
23
resentative to testify or offer evidence at
24
the sealing hearing in support of or
25
against sealing.
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(iii) OTHER
INDIVIDUALS.An
indi-
vidual 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 peti-
10
tioner and the United States attorney that re-
11
ceives notice under paragraph (1)(A) so agree,
12
the court shall make a determination under
13
paragraph (3) without a hearing.
14
(3) BASIS
15
FOR DECISION.
(A) IN
GENERAL.In
determining wheth-
16
er to enter a sealing order with respect to pro-
17
tected information relating to a covered non-
18
violent offense, the court
19
(i) shall consider
20
(I) the petition and any docu-
21
ments in the possession of the court;
22
and
23
(II) all the evidence and testi-
24
mony presented at the sealing hear-
25
ing, if such a hearing is conducted;
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(ii) may not consider any non-Fed-
eral nonviolent crimes for which the peti-
tioner has been arrested or proceeded
against, or of which the petitioner has been
convicted; and
6
7
8
(iii) shall balance

(I)(aa) the interest of public
knowledge and safety; and
(bb) the legitimate interest, if
10
any, of the Government in maintain-
11
ing the accessibility of the protected
12
information, including any potential
13
impact of sealing the protected infor-
14
mation on Federal licensure, permit,
15
or employment restrictions; against
16
(II)(aa) the conduct and dem-
17
onstrated desire of the petitioner to be
18
rehabilitated and positively contribute
19
to the community; and
20
(bb) the interest of the peti-
21
tioner in having the protected infor-
22
mation sealed, including the harm of
23
the protected information to the abil-
24
ity of the petitioner to secure and
25
maintain employment.
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(B) BURDEN
ON
GOVERNMENT.The
burden shall be on the Government to show
that the interests under subclause (I) of sub-
paragraph (A)(iii) outweigh the interests of the
petitioner under subclause (II) of that subpara-
graph.
(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
10
the same offense until the date that is 2 years after
11
the date of the denial.
12
(5) UNIVERSAL
FORM.The
Director of the
13
Administrative Office of the United States Courts
14
shall create a universal form, available over the
15
Internet and in paper form, that an individual may
16
use to file a sealing petition.
17
(6) FEE
WAIVER.The
Director of the Ad-
18
ministrative Office of the United States Courts shall
19
by regulation establish a minimally burdensome
20
process under which indigent petitioners may obtain
21
a waiver of any fee for filing a sealing petition.
22
(7) REPORTING.Not later than 2 years after
23
the date of enactment of this subchapter, and each
24
year thereafter, each district court of the United
25
States shall issue a public report that
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(A) describes
(i) the number of sealing petitions
granted and denied under this section; and
(ii) the number of instances in which
the office of a United States attorney sup-
ported or opposed a sealing petition;
(B) includes any supporting data that the
court determines relevant and that does not
name any petitioner; and
10
(C) disaggregates all relevant data by
11
race, ethnicity, gender, and the nature of the
12
offense.
13
(8) PUBLIC
14
DEFENDER ELIGIBILITY.
(A) IN
GENERAL.The
district court
15
may, in its discretion, appoint counsel in ac-
16
cordance with the plan of the district court in
17
operation under section 3006A to represent a
18
petitioner for purposes of this section.
19
(B) CONSIDERATIONS.In making a de-
20
termination whether to appoint counsel under
21
subparagraph (A), the court shall consider
22
(i) the anticipated complexity of the
23
sealing hearing, including the number and
24
type of witnesses called to advocate against
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the sealing of the protected information of
the petitioner; and
(ii) the potential for adverse testi-
mony by a victim or a representative of the
office of the United States attorney.
6 3633. Effect of sealing order

7
(a) IN GENERAL.Except as provided in this sec-
8 tion, if a district court of the United States enters a seal9 ing order with respect to a covered nonviolent offense, the
10 offense and any arrest, criminal proceeding, conviction, or
11 sentence relating to the offense shall be treated as if it
12 never occurred.
13
(b) VERIFICATION
OF
SEALING.If a district court
14 of the United States enters a sealing order with respect

15 to a covered nonviolent offense, the court shall
16
(1) send a copy of the sealing order to each
17
entity or person known to the court that possesses
18
a record containing protected information that re-
19
lates to the offense, including each
20
(A) law enforcement agency; and
21
(B) public or private correctional or de-
22
tention facility;
23
(2) in the sealing order, require each entity or
24
person described in paragraph (1) to
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2
(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
10
each entity or person under paragraph (2)(B), notify
11
the petitioner that each entity or person described in
12
paragraph (1) has sealed each paper and electronic
13
copy of the record.
14
(c) PROTECTION FROM PERJURY LAWS.Except as
15 provided in subsection (f)(3)(A), a petitioner with respect

16 to whom a sealing order has been entered for a covered
17 nonviolent offense shall not be subject to prosecution
18 under any civil or criminal provision of Federal or State
19 law relating to perjury, false swearing, or making a false
20 statement, including section 1001, 1621, 1622, or 1623,
21 for failing to recite or acknowledge any protected informa22 tion with respect to the offense or respond to any inquiry
23 made of the petitioner, relating to the protected informa24 tion, for any purpose.
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(d) ATTORNEY GENERAL NONPUBLIC RECORDS.
2 The Attorney General

3
(1) shall maintain a nonpublic record of all
protected information that has been sealed under
this subchapter; and
6
7
(2) may access or utilize protected information

only
(A) for legitimate investigative purposes;
(B) in defense of any civil suit arising out
10
of the facts of the arrest or subsequent pro-
11
ceedings; or
12
(C) if the Attorney General determines
13
that disclosure is necessary to serve the inter-
14
ests of justice, public safety, or national secu-
15
rity.
16
(e) LAW ENFORCEMENT ACCESS.A Federal or
17 State law enforcement agency may access a record that

18 is sealed under this subchapter solely
19
(1) to determine whether the individual to
20
whom the record relates is eligible for a first-time-
21
offender diversion program;
22
23
(2) for investigatory, prosecutorial, or Federal

supervision purposes; or
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1
(3) for a background check that relates to law
enforcement employment or any employment that re-
quires a government security clearance.
(f) PROHIBITION ON DISCLOSURE.
(1) PROHIBITION.Except as provided in
paragraph (3), it shall be unlawful to intentionally
make or attempt to make an unauthorized disclosure
of any protected information from a record that has
been sealed under this subchapter.
10
(2) PENALTY.Any person who violates para-
11
graph (1) shall be fined under this title, imprisoned
12
for not more than 1 year, or both.
13
14
(3) EXCEPTIONS.
(A) BACKGROUND
CHECKS.An
indi-
15
vidual who is the subject of a record sealed
16
under this subchapter shall, and a Federal or
17
State law enforcement agency that possesses
18
such a record may, disclose the record in the
19
case of a background check for
20
(i) law enforcement employment; or
21
(ii) any position that a Federal agen-
22
cy designates as a
23
(I) national security position; or
24
(II) high-risk, public trust posi-
25
tion.
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(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.
10
(C) AUTHORIZATION
FOR INDIVIDUAL TO
11
DISCLOSE OWN RECORD.An
12
the subject of a record sealed under this sub-
13
chapter may choose to disclose the record..
14
(b) APPLICABILITY.The right to file a sealing peti-
individual who is
15 tion under section 3632(a) of title 18, United States Code,

16 as added by subsection (a), shall apply with respect to a
17 covered nonviolent offense (as defined in section 3631(a)
18 of such title) that is committed or alleged to have been
19 committed before, on, or after the date of enactment of
20 this Act.
21
22
(c) TRANSITION PERIOD

LINE.During
FOR
HEARINGS DEAD-
the 1-year period beginning on the date
23 of enactment of this Act, section 3632(b)(2)(A) of title

24 18, United States Code, as added by subsection (a), shall
25 be applied by substituting 1 year for 6 months.
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1
(d) TECHNICAL
AND
CONFORMING AMENDMENT.
2 The table of subchapters for chapter 229 of title 18,

3 United States Code, is amended by adding at the end the
4 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 enforce-
10
ment, arrest, and court records; and
11
(2) prevent the unauthorized use or disclosure
12
of confidential juvenile delinquency records and any
13
potential employment, financial, psychological, or
14
other harm that would result from such unauthor-
15
ized use or disclosure.
16
(b) DEFINITIONS.Section 5031 of title 18, United
17 States Code, is amended to read as follows:

18 5031. Definitions
19
In this chapter
20
(1) the term adjudication means a deter-
21
mination by a judge that a person committed an act
22
of juvenile delinquency;
23
(2) the term conviction means a judgment or
24
disposition in criminal court against a person fol-
25
lowing a finding of guilt by a judge or jury;
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1
(3) the term destroy means to render a file
unreadable, whether paper, electronic, or otherwise
stored, by shredding, pulverizing, pulping, incin-
erating, overwriting, reformatting the media, or
other means;
(4) the term expunge
(A) means to destroy a record and oblit-
erate the name of the person to whom the
record pertains from each official index or pub-
10
11
12
lic record; and

5044(c), including
13
(i) the right to treat an offense to
14
which an expunged record relates, and any
15
arrest, juvenile delinquency proceeding, ad-
16
judication, or other result of such pro-
17
ceeding relating to the offense, as if it
18
never occurred; and
19
20
21
ment laws with respect to an expunged
22
record;
23
24
(5) the term expungement hearing means a

hearing held under section 5044(b)(2)(B);
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1
(6) the term expungement petition means a
petition
5044(b);
for
expungement
filed
under
section
(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
10
of juvenile delinquency, a person who has not
11
attained the age of 21;
12
(8) the term juvenile delinquency means the
13
violation of a law of the United States committed by
14
a person before attaining the age of 18 which would
15
have been a crime if committed by an adult, or a
16
violation by such a person of section 922(x);
17
(9) the term juvenile nonviolent offense
18
means an act of juvenile delinquency that is not
19
(A) a violent crime (as defined in section
20
103 of the Juvenile Justice and Delinquency
21
Prevention Act of 1974 (42 U.S.C. 5603)); or
22
(B) a sex offense (as that term is defined
23
in section 111 of the Sex Offender Registration
24
and Notification Act (42 U.S.C. 16911));
25
(10) the term juvenile record
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(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 de-
10
11
cree;
(ii) a social record, including
12
13
(I) a record of a probation officer;
14
(II) a record of any government
15
agency that keeps records relating to
16
juvenile delinquency;
17
(III) a medical record;
18
(IV) a psychiatric or psycho-
19
logical record;
20
(V) a birth certificate;
21
(VI) an education record, in-
22
cluding an individualized education
23
plan;
24
(VII) a detention record;
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1
(VIII) demographic information
that identifies a juvenile or the family
of a juvenile; or
(IX) any other record that in-
cludes personally identifiable informa-
tion that may be associated with a ju-
venile delinquency proceeding, an act
of juvenile delinquency, or an alleged
act of juvenile delinquency;
10
11
(iii) a law enforcement record, including
12
(I) fingerprints;
13
(II) a DNA sample; or
14
(III) a photograph; and
15
16
(iv) a State criminal justice information system record;
17
(11) the term petitioner means a person who
18
files an expungement petition or a sealing petition;
19
(12) the term seal
20
(A) means
21
(i) to close a record from public
22
viewing so that the record cannot be exam-
23
ined except by court order; and
24
(ii) to physically seal the record shut
25
and label the record SEALED or, in the
OLL15203
S.L.C.
26
1
case of an electronic record, the sub-
stantive equivalent; and
5043(c), including
(i) the right to treat an offense to
which a sealed record relates, and any ar-
rest, juvenile delinquency proceeding, adju-
dication, or other result of such proceeding
relating to the offense, as if it never oc-
10
curred; and
11
12
13
ment laws with respect to a sealed record;
14
(13) the term sealing hearing means a hear-
15
ing held under section 3632(b)(2)(B); and
16
(14) the term sealing petition means a peti-
17
tion for a sealing order filed under section
18
5043(b)..
19
(c) CONFIDENTIALITY.Section 5038 of title 18,
20 United States Code, is amended

21
(1) in subsection (a), in the flush text following
22
paragraph (6), by inserting after bonding, the fol-
23
lowing: participation in an educational system,;
24
and
OLL15203
S.L.C.
27
1
(2) in subsection (b), by striking District
courts exercising jurisdiction over any juvenile and
inserting the following: Not later than 7 days after
the date on which a district court exercises jurisdic-
tion over a juvenile, the district court.
(d) SEALING; EXPUNGEMENT.
(1) IN
GENERAL.Chapter
403 of title 18,
United States Code, is amended by adding at the
end the following:
10 5043. Sealing
11
12
13
(a) AUTOMATIC SEALING
OF
NONVIOLENT OF-
FENSES.
(1) IN
GENERAL.Three
years after the date
14
on which a person who is adjudicated delinquent
15
under this chapter for a juvenile nonviolent offense
16
completes every term of probation, official detention,
17
or juvenile delinquent supervision ordered by the
18
court with respect to the offense, the court shall
19
order the sealing of each juvenile record or portion
20
thereof that relates to the offense if the person
21
(A) has not been convicted of a crime or
22
adjudicated delinquent for an act of juvenile de-
23
linquency since the date of the disposition; and
OLL15203
S.L.C.
28
1
(B) is not engaged in active criminal
court proceedings or juvenile delinquency pro-
ceedings.
(2) AUTOMATIC
NATURE OF SEALING.The
order of sealing under paragraph (1) shall require
no action by the person whose juvenile records are
to be sealed.
(3) NOTICE
OF
AUTOMATIC
SEALING.A
court that orders the sealing of a juvenile record of
10
a person under paragraph (1) shall, in writing, in-
11
form the person of the sealing and the benefits of
12
sealing the record, including protection from civil
13
and criminal perjury, false swearing, and false state-
14
ment laws with respect to the record.
15
(b) PETITIONING
16
17
18
VIOLENT
FOR
EARLY SEALING
OF
NON-
OFFENSES.
(1) RIGHT
TO FILE SEALING PETITION.
(A) IN
GENERAL.During
the 3-year pe-
19
riod beginning on the date on which a person
20
who is adjudicated delinquent under this chap-
21
ter for a juvenile nonviolent offense completes
22
every term of probation, official detention, or
23
juvenile delinquent supervision ordered by the
24
court with respect to the offense, the person
OLL15203
S.L.C.
29
1
may petition the court to seal the juvenile
records that relate to the offense.
(B) NOTICE
OF OPPORTUNITY TO FILE
PETITION.If
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
10
every term of probation, official detention, or
11
juvenile delinquent supervision ordered by the
12
court with respect to the offense, and the nec-
13
essary procedures for filing the sealing peti-
14
tion
15
16
a person is adjudged delinquent
(i) on the date on which the individual is adjudged delinquent; and
17
(ii) on the date on which the indi-
18
vidual has completed every term of proba-
19
tion, official detention, or juvenile delin-
20
quent supervision ordered by the court
21
with respect to the offense.
22
23
(2) PROCEDURES.
(A) NOTIFICATION
TO PROSECUTOR.If
24
a person files a sealing petition with respect to
25
a juvenile nonviolent offense, the court in which
OLL15203
S.L.C.
30
1
the petition is filed shall provide notice of the
petition
(i) to the Attorney General; and
(ii) upon the request of the peti-
tioner, to any other individual that the pe-
titioner determines may testify as to
7
8
9
10
(I) the conduct of the petitioner

since the date of the offense; or
(II) the reasons that the sealing
order should be entered.
11
(B) HEARING.
12
(i) IN
GENERAL.Not
later than 6
13
months after the date on which a person
14
files a sealing petition, the court shall
15
(I) except as provided in clause
16
(iii), conduct a hearing in accordance
17
with clause (ii); and
18
(II) determine whether to enter
19
a sealing order for the person in ac-
20
cordance with subparagraph (C).
21
(ii) OPPORTUNITY
22
23
24
TO TESTIFY AND
OFFER EVIDENCE.
(I)
PETITIONER.The
peti-
tioner may testify or offer evidence at
OLL15203
S.L.C.
31
1
the sealing hearing in support of seal-
ing.
(II) PROSECUTOR.The Attor-
ney General may send a representa-
tive to testify or offer evidence at the
sealing hearing in support of or
against sealing.
(III) OTHER
INDIVIDUALS.An
individual who receives notice under
10
subparagraph (A)(ii) may testify or
11
offer evidence at the sealing hearing
12
as to the issues described in sub-
13
clauses (I) and (II) of that subpara-
14
graph.
15
(iii) WAIVER
OF HEARING.If
the
16
petitioner and the Attorney General so
17
agree, the court shall make a determina-
18
tion under subparagraph (C) without a
19
hearing.
20
(C) BASIS
FOR
DECISION.The
court
21
shall determine whether to grant the sealing pe-
22
tition after considering
23
24
(i) the sealing petition and any documents in the possession of the court;
OLL15203
S.L.C.
32
1
(ii) all the evidence and testimony
presented at the sealing hearing, if such a
hearing is conducted;
4
5
(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;
9
10
(v) the nature of the juvenile nonviolent offense;
11
(vi) the disposition of the case;
12
(vii) the manner in which the peti-
13
tioner participated in any court-ordered re-
14
habilitative programming or supervised
15
services;
16
(viii) the length of the time period
17
during which the petitioner has been with-
18
out contact with any court or law enforce-
19
ment agency;
20
(ix) whether the petitioner has had
21
any criminal or juvenile delinquency in-
22
volvement since the disposition of the juve-
23
nile delinquency proceeding; and
OLL15203
S.L.C.
33
1
(x) the adverse consequences the pe-
titioner may suffer if the petition is not
granted.
(D) WAITING
the court denies a sealing petition, the peti-
tioner 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.
10
(E) UNIVERSAL
FORM.The
Director of
11
the Administrative Office of the United States
12
Courts shall create a universal form, available
13
over the Internet and in paper form, that an in-
14
dividual may use to file a sealing petition.
15
16
(F) NO
FEE FOR SEALING.There
shall
be no cost for filing a sealing petition.
17
(G) REPORTING.Not later than 2 years
18
after the date of enactment of this section, and
19
each year thereafter, each district court of the
20
United States shall issue a public report that
21
(i) describes
22
(I) the number of sealing peti-
23
tions granted and denied under this
24
subsection; and
OLL15203
S.L.C.
34
1
(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.
10
(H) PUBLIC
11
(i) PETITIONERS
UNDER AGE 18.
12
The district court shall appoint counsel in
13
accordance with the plan of the district
14
court in operation under section 3006A to
15
represent a petitioner for purposes of this
16
subsection if the petitioner is less than 18
17
years of age.
18
(ii)
19
20
PETITIONERS
AGE
18
AND
OLDER.
(I) DISCRETION
OF COURT.In
21
the case of a petitioner who not less
22
than 18 years of age, the district
23
court may, in its discretion, appoint
24
counsel in accordance with the plan of
25
the district court in operation under
OLL15203
S.L.C.
35
1
section 3006A to represent the peti-
tioner for purposes of this subsection.
(II) CONSIDERATIONS.In de-
termining whether to appoint counsel
under subclause (I), the court shall
consider
(aa) the anticipated com-
plexity of the sealing hearing, in-
cluding the number and type of
10
witnesses
11
against the sealing of the records
12
of the petitioner; and
called
to
advocate
13
(bb) the potential for ad-
14
verse testimony by a victim or a
15
representative of the Attorney
16
General.
17
18
(c) EFFECT OF SEALING ORDER.

(1) IN
GENERAL.Except
as provided in this
19
subsection, if a court orders the sealing of a juvenile
20
record under subsection (a) or (b) with respect to a
21
juvenile nonviolent offense, the offense and any ar-
22
rest, juvenile delinquency proceeding, adjudication,
23
or other result of such proceeding relating to the of-
24
fense shall be treated as if it never occurred.
OLL15203
S.L.C.
36
1
(2) VERIFICATION
OF SEALING.If
a court
orders the sealing of a juvenile record under sub-
section (a) or (b) with respect to a juvenile non-
violent 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, in-
cluding each
(i) law enforcement agency; and
10
(ii) public or private correctional or
11
detention facility;
12
(B) in the sealing order, require each en-
13
tity or person described in subparagraph (A)
14
to
15
(i) seal the record; and
16
(ii) submit a written certification to
17
the court, under penalty of perjury, that
18
the entity or person has sealed each paper
19
and electronic copy of the record;
20
(C) seal each paper and electronic copy of
21
the record in the possession of the court; and
22
(D) after receiving a written certification
23
from each entity or person under subparagraph
24
(B)(ii), notify the petitioner that each entity or
25
person described in subparagraph (A) has
OLL15203
S.L.C.
37
1
sealed each paper and electronic copy of the
record.
(3) PROTECTION
FROM PERJURY LAWS.Ex-
cept 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,
10
including section 1001, 1621, 1622, or 1623, for
11
failing to acknowledge the record or respond to any
12
inquiry made of the person or the parent, relating
13
to the record, for any purpose.
14
(4) LAW
ENFORCEMENT ACCESS TO SEALED
15
RECORDS.A
16
sealed juvenile record of a person solely
law enforcement agency may access a
17
(A) to determine whether the person is el-
18
igible for a first-time-offender diversion pro-
19
gram;
20
21
(B) for investigatory or prosecutorial purposes within the juvenile justice system; or
22
23
24
(C) for a background check that relates

to
(i) law enforcement employment; or
OLL15203
S.L.C.
38
1
(ii) any position that a Federal agen-
cy designates as a
(I) national security position; or
(II) high-risk, public trust posi-
5
6
tion.
(5) PROHIBITION
ON DISCLOSURE.
(A) PROHIBITION.Except as provided
in subparagraph (C), it shall be unlawful to in-
tentionally make or attempt to make an unau-
10
thorized disclosure of any information from a
11
sealed juvenile record in violation of this sec-
12
tion.
13
(B) PENALTY.Any person who violates
14
subparagraph (A) shall be fined under this title,
15
imprisoned for not more than 1 year, or both.
16
17
(C) EXCEPTIONS.
(i) BACKGROUND
CHECKS.A
per-
18
son who is the subject of a juvenile record
19
sealed under this section shall, and a Fed-
20
eral or State law enforcement agency that
21
possesses such a record may, disclose the
22
record in the case of a background check
23
for
24
25
(I) law enforcement employment; or
OLL15203
S.L.C.
39
1
(II) any employment that re-
quires a government security clear-
ance.
(ii)
DISCLOSURE
TO
ARMED
FORCES.A
tion 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
10
operating as a service in the Navy) for the
11
purpose of vetting an enlistment or com-
12
mission, or with regard to any member of
13
the Armed Forces.
14
person may disclose informa-
(iii) AUTHORIZATION
FOR PERSON
15
TO
16
who is the subject of a juvenile record
17
sealed under this section may choose to
18
disclose the record.
DISCLOSE
OWN
RECORD.A
person
19 5044. Expungement
20
(a)
AUTOMATIC
EXPUNGEMENT
CERTAIN
OF
21 RECORDS.
22
23
(1) ATTORNEY
GENERAL MOTION.
(A) NONVIOLENT
OFFENSES COMMITTED
24
BEFORE A PERSON TURNED 15.If
25
adjudicated delinquent under this chapter for a
a person is
OLL15203
S.L.C.
40
1
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 dis-
trict court of the United States in which the
person was adjudicated delinquent requesting
that each juvenile record of the person that re-
lates to the offense be expunged.
(B) ARRESTS.If a juvenile is arrested
10
for an offense for which a juvenile delinquency
11
proceeding is not instituted under this sub-
12
chapter, the Attorney General shall file a mo-
13
tion in the district court of the United States
14
that would have had jurisdiction of the pro-
15
ceeding requesting that each juvenile record re-
16
lating to the arrest be expunged.
17
(C) EXPUNGEMENT
ORDER.Upon
the
18
filing of a motion in a district court of the
19
United States with respect to a juvenile non-
20
violent offense under subparagraph (A) or an
21
arrest for an offense under subparagraph (B),
22
the court shall grant the motion and order that
23
each juvenile record relating to the offense or
24
arrest, as applicable, be expunged.
OLL15203
S.L.C.
41
1
(2) DISMISSED
CASES.If
a district court of
the United States dismisses an information with re-
spect to a juvenile under this subchapter or finds a
juvenile not to be delinquent in a juvenile delin-
quency proceeding under this subchapter, the court
shall concurrently order that each juvenile record re-
lating to the applicable proceeding be expunged.
(3) AUTOMATIC
NATURE OF EXPUNGEMENT.
An order of expungement under paragraph (1)(C) or
10
(2) shall not require any action by the person whose
11
records are to be expunged.
12
(4) NOTICE
OF AUTOMATIC EXPUNGEMENT.
13
A court that orders the expungement of a juvenile
14
record of a person under paragraph (1)(C) or (2)
15
shall,
16
expungement and the benefits of expunging the
17
record, including protection from civil and criminal
18
perjury, false swearing, and false statement laws
19
with respect to the record.
20
(b) PETITIONING
21
22
VIOLENT
in
writing,
inform
FOR
the
person
EXPUNGEMENT
of
OF
the
NON-
OFFENSES.
(1) IN
GENERAL.A
person who is adjudged
23
delinquent under this chapter for a juvenile non-
24
violent offense committed on or after the date on
25
which the person attained 15 years of age may peti-
OLL15203
S.L.C.
42
1
tion the court in which the proceeding took place to
order the expungement of the juvenile record that
relates to the offense.
4
5
(2) PROCEDURES.
(A) NOTIFICATION
OF PROSECUTOR AND
VICTIMS.If
tition with respect to a juvenile nonviolent of-
fense, the court in which the petition is filed
shall provide notice of the petition
a person files an expungement pe-
10
(i) to the Attorney General; and
11
(ii) upon the request of the peti-
12
tioner, to any other individual that the pe-
13
titioner determines may testify as to
14
15
(I) the conduct of the petitioner

since the date of the offense; or
16
17
(II)
the
reasons
that
the
expungement order should be entered.
18
(B) HEARING.
19
(i) IN
GENERAL.Not
later than 6
20
months after the date on which a person
21
files an expungement petition, the court
22
shall
23
(I) except as provided in clause
24
(iii), conduct a hearing in accordance
25
with clause (ii); and
OLL15203
S.L.C.
43
1
(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
peti-
tioner may testify or offer evidence at
the expungement hearing in support
of expungement.
10
(II) PROSECUTOR.The Attor-
11
ney General may send a representa-
12
tive to testify or offer evidence at the
13
expungement hearing in support of or
14
against expungement.
15
(III) OTHER
INDIVIDUALS.An
16
individual who receives notice under
17
subparagraph (A)(ii) may testify or
18
offer evidence at the expungement
19
hearing as to the issues described in
20
subclauses (I) and (II) of that sub-
21
paragraph.
22
(C) BASIS
FOR
DECISION.The
23
shall
24
expungement petition after considering
determine
whether
to
grant
court
an
OLL15203
S.L.C.
44
1
2
(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;
6
7
(iii) the best interests of the petitioner;
(iv) the age of the petitioner during
his or her contact with the court or any
10
11
12
law enforcement agency;

(v) the nature of the juvenile nonviolent offense;
13
(vi) the disposition of the case;
14
(vii) the manner in which the peti-
15
tioner participated in any court-ordered re-
16
habilitative programming or supervised
17
services;
18
(viii) the length of the time period
19
during which the petitioner has been with-
20
out contact with any court or any law en-
21
forcement agency;
22
(ix) whether the petitioner has had
23
any criminal or juvenile delinquency in-
24
volvement since the disposition of the juve-
25
nile delinquency proceeding; and
OLL15203
S.L.C.
45
1
(x) the adverse consequences the pe-
titioner may suffer if the petition is not
granted.
(D) WAITING
the court denies an expungement petition, the
petitioner may not file a new expungement peti-
tion 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
10
the Administrative Office of the United States
11
Courts shall create a universal form, available
12
over the Internet and in paper form, that an in-
13
dividual may use to file an expungement peti-
14
tion.
15
(F) NO
FEE FOR EXPUNGEMENT.There
16
shall be no cost for filing an expungement peti-
17
tion.
18
(G) REPORTING.Not later than 2 years
19
after the date of enactment of this section, and
20
each year thereafter, each district court of the
21
United States shall issue a public report that
22
(i) describes
23
(I) the number of expungement
24
petitions granted and denied under
25
this subsection; and
OLL15203
S.L.C.
46
1
(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.
10
(H) PUBLIC
11
(i) PETITIONERS
UNDER AGE 18.
12
The district court shall appoint counsel in
13
accordance with the plan of the district
14
court in operation under section 3006A to
15
represent a petitioner for purposes of this
16
subsection if the petitioner is less than 18
17
years of age.
18
(ii)
19
20
PETITIONERS
AGE
18
AND
OLDER.
(I) DISCRETION
OF COURT.In
21
the case of a petitioner who not less
22
than 18 years of age, the district
23
court may, in its discretion, appoint
24
counsel in accordance with the plan of
25
the district court in operation under
OLL15203
S.L.C.
47
1
section 3006A to represent the peti-
tioner for purposes of this subsection.
(II) CONSIDERATIONS.In de-
termining whether to appoint counsel
under subclause (I), the court shall
consider
(aa) the anticipated com-
plexity of the expungement hear-
ing, including the number and
10
type of witnesses called to advo-
11
cate against the expungement of
12
the records of the petitioner; and
13
(bb) the potential for ad-
14
verse testimony by a victim or a
15
representative of the Attorney
16
General.
17
(c) EFFECT
18
(1) IN
OF
EXPUNGED JUVENILE RECORD.
GENERAL.Except
as provided in this
19
subsection, if a court orders the expungement of a
20
juvenile record under subsection (a) or (b) with re-
21
spect to a juvenile nonviolent offense
22
(A) the offense and any arrest, juvenile
23
delinquency proceeding, adjudication, or other
24
result of such proceeding relating to the offense
25
shall be treated as if it never occurred; and
OLL15203
S.L.C.
48
1
(B) the person to whom the record per-
tains shall not be required to disclose the exist-
ence of the record.
(2) VERIFICATION
OF EXPUNGEMENT.If
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
10
that possesses a record relating to the offense,
11
including each
12
(i) law enforcement agency; and
13
(ii) public or private correctional or
14
detention facility;
15
(B) in the expungement order, require
16
each entity or person described in subparagraph
17
(A) to
18
(i) destroy the record; and
19
(ii) submit a written certification to
20
the court, under penalty of perjury, that
21
the entity or person has destroyed each
22
paper and electronic copy of the record;
23
(C) destroy each paper and electronic
24
copy of the record in the possession of the
25
court; and
OLL15203
S.L.C.
49
1
(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 de-
stroyed 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
10
the proceeding took place, each law enforcement offi-
11
cer, any agency that provided treatment or rehabili-
12
tation services to the person, and the person (except
13
as provided in paragraph (6)) shall reply to the in-
14
quiry that no such juvenile record exists.
15
(4) PROTECTION
FROM PERJURY LAWS.Ex-
16
cept as provided in paragraph (5), if a juvenile
17
record of a person is expunged under this section,
18
the person who is the subject of the record or a par-
19
ent of the person shall not be subject to prosecution
20
under any civil or criminal provision of Federal or
21
State law relating to perjury, false swearing, or
22
making a false statement, including section 1001,
23
1621, 1622, or 1623, for failing to acknowledge the
24
record or respond to any inquiry made of the person
OLL15203
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50
1
or the parent, relating to the record, for any pur-
pose.
3
4
(5) CIVIL
ACTIONS.
(A) IN
GENERAL.If
a person whose ju-
venile record is expunged under this section
brings an action that might be defended with
the contents of the record, there shall be a re-
buttable presumption that the defendant has a
complete defense to the action.
10
(B) SHOWING
BY PLAINTIFF.In
an ac-
11
tion described in subparagraph (A), the plaintiff
12
may rebut the presumption of a complete de-
13
fense by showing that the contents of the ex-
14
punged record would not prevent the defendant
15
from being liable.
16
(C) DUTY
TO TESTIFY AS TO EXISTENCE
17
OF RECORD.The
18
scribed in subparagraph (A) is filed may re-
19
quire the plaintiff to state under oath whether
20
the plaintiff had a juvenile record and whether
21
the record was expunged.
22
(D) PROOF
court in which an action de-
OF EXISTENCE OF JUVENILE
23
RECORD.If
24
in subparagraph (A) denies the existence of a
25
juvenile record, the defendant may prove the ex-
the plaintiff in an action described
OLL15203
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51
1
istence of the record in any manner compatible
with the applicable laws of evidence.
(6) AUTHORIZATION
FOR PERSON TO DIS-
CLOSE OWN RECORD.A
of a juvenile record expunged under this section may
choose to disclose the record..
(2) TECHNICAL
person who is the subject
AND
CONFORMING
AMEND-
MENT.The
title 18, United States Code, is amended by adding
10
table of sections for chapter 403 of
at the end the following:

5043. Sealing.
5044. Expungement..
11
(3) APPLICABILITY.Sections 5043 and 5044
12
of title 18, United States Code, as added by para-
13
graph (1), shall apply with respect to a juvenile non-
14
violent offense (as defined in section 5031 of such
15
title, as amended by subsection (b)) that is com-
16
mitted or alleged to have been committed before, on,
17
or after the date of enactment of this Act.
18
(e) JUVENILE SOLITARY CONFINEMENT.
19
(1) IN
GENERAL.Chapter
403 of title 18,
20
United States Code, as amended by subsection (d),
21
is amended by adding at the end the following:
22 5045. Juvenile solitary confinement

23
(a) DEFINITIONS.In this section
OLL15203
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52
1
2
(1) the term juvenile detention facility means

any facility
(A) to which juveniles are committed,
whether pursuant to an adjudication of delin-
quency under this subchapter or conviction for
an offense; or
(B) where juveniles are detained prior to
disposition or conviction; and
(2) the term room confinement means the in-
10
voluntary restriction of a juvenile alone in a cell,
11
room, or other area for any reason.
12
(b) PROHIBITION.
13
(1) IN
GENERAL.The
use of room confine-
14
ment at a juvenile detention facility for discipline,
15
punishment, retaliation, staffing shortages, adminis-
16
trative convenience, or any reason other than as a
17
temporary response to the behavior of a juvenile that
18
poses a serious and immediate risk of physical harm
19
to the juvenile, to others, or to the juvenile and oth-
20
ers, is prohibited.
21
22
(2) JUVENILES
POSING RISK OF HARM.
(A) REQUIREMENT
23
STRICTIVE TECHNIQUES.
24
(i) IN
25
TO USE LEAST RE-
GENERAL.Before
a staff
member of a juvenile detention facility
OLL15203
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53
1
places a juvenile in room confinement, the
staff member shall attempt to use less re-
strictive techniques, including
4
5
(I) talking with the juvenile to

de-escalate the situation; and
(II) when possible, bringing in
other staff members, qualified mental
health professionals, or other juveniles
to talk with the juvenile.
10
(ii) EXPLANATION.Before a staff
11
member of a juvenile facility places a juve-
12
nile in room confinement, or immediately
13
after doing so, the staff member shall ex-
14
plain to the juvenile
15
16
(I) the reasons for the room

confinement; and
17
(II) the fact that the juvenile
18
will be released from room confine-
19
ment
20
(aa) immediately upon re-
21
gaining self-control, as described
22
in clause (i)(I) or (ii)(I) of sub-
23
paragraph (B), as applicable; and
24
(bb) not later than after
25
the expiration of the time period
OLL15203
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54
1
described in clause (i)(II) or
(ii)(II) of subparagraph (B), as
applicable.
4
5
6
(B) MAXIMUM
PERIOD
OF
CONFINE-
MENT.
(i) RISK
OF HARM TO OTHERS OR TO
SELF AND OTHERS.If
in room confinement because the juvenile
poses a serious and immediate risk of
10
physical harm to others or to the juvenile
11
and others, the juvenile shall be released
12
(I) immediately when the juve-
13
nile has sufficiently gained control so
14
as to no longer engage in behavior
15
that threatens serious and immediate
16
risk of physical harm to others or to
17
the juvenile or others; and
18
a juvenile is placed
(II) not later than 3 hours after
19
being placed in room confinement.
20
(ii) RISK
OF HARM TO SELF ONLY.
21
If a juvenile is placed in room confinement
22
because the juvenile poses a serious and
23
immediate risk of physical harm to himself
24
or herself, the juvenile shall be released
OLL15203
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55
1
(I) immediately when the juve-
nile 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; and
(II) not later than 30 minutes
after being placed in room confine-
ment.
10
(C) RISK
OF HARM AFTER MAXIMUM PE-
11
RIOD OF CONFINEMENT.If,
12
ble maximum period of confinement under
13
clause (i)(II) or (ii)(II) of subparagraph (B)
14
has expired, a juvenile continues to pose a seri-
15
ous and immediate risk of physical harm de-
16
scribed in clause (i) or (ii) of that subpara-
17
graph, as applicable
after the applica-
18
(i) the juvenile shall be transferred
19
to another juvenile detention facility or in-
20
ternal location where services can be pro-
21
vided to the juvenile without relying on
22
room confinement; or
23
(ii) if the juvenile cannot be trans-
24
ferred to another juvenile detention facility
25
or internal location in accordance with
OLL15203
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56
1
clause (i), and a qualified medical or men-
tal health professional believes the level of
crisis service needed is not available in the
current environment, a staff member of the
juvenile detention facility shall initiate a
referral to a location that can meet the
needs of the juvenile.
(D) SPIRIT
AND PURPOSE.The
use of
consecutive periods of room confinement to
10
evade the spirit and purpose of this subsection
11
shall be prohibited.
12
13
14
15
(E) CONDITIONS.A room used for room

confinement for a juvenile shall
(i) have not less than 80 square feet
of floor space;
16
(ii) have adequate lighting, heating
17
or cooling (as applicable), and ventilation
18
for the comfort of the juvenile;
19
20
21
(iii) be suicide-resistant and protrusion-free; and

(iv) have reasonable access to water,
22
toilet facilities, and hygiene supplies.
23
(F) ACCESS
24
TO SERVICES.A
placed in room confinement shall
juvenile
OLL15203
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57
1
(i) have access to appropriate med-
ical and psychological services; and
(ii) receive crisis intervention and
4
5
one-on-one observation.
(c) STUDY
AND
REPORT.Not later than 2 years
6 after the date of enactment of this section, and each year

7 thereafter, the Attorney General shall submit to Congress
8 a report that
9
(1) contains a detailed description of the type
10
of physical force, restraints, and room confinement
11
used at juvenile detention facilities; and
12
(2) describes the number of instances physical
13
force, restraints, or room confinement are used at
14
juvenile detention facilities, disaggregated by race,
15
ethnicity, and gender..
16
(2) TECHNICAL
AND
CONFORMING
AMEND-
17
MENT.The
18
title 18, United States Code, as amended by sub-
19
section (d), is amended by adding at the end the fol-
20
lowing:
table of sections for chapter 403 of
5045. Juvenile solitary confinement..
21
22
23
24
25
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 Gen-
OLL15203
S.L.C.
58
1
eral, in consultation with the Secretary of Labor and
the Director of the Office of Management and Budg-
et, 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
10
(A) the reduction in recidivism and associ-
11
ated cost savings related to corrections and
12
public safety;
13
(B) increased economic activity by former
14
offenders, including by conducting an analysis
15
of the tax revenue generated by that activity;
16
and
17
(C) the economic impact on the household
18
of former offenders and the children of former
19
offenders.
20
(b) REPORT.Not later than 5 years after the date
21 of enactment of this Act, the Attorney General shall sub22 mit to Congress a report on the study conducted under
23 subsection (a).
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S.L.C.
59
1
SEC. 5. TANF ASSISTANCE AND SNAP BENEFITS.
(a) AMENDMENT
TO
BAN
ON
ASSISTANCE.Section
3 115 of the Personal Responsibility and Work Opportunity

4 Reconciliation Act of 1996 (21 U.S.C. 862a) is amend5 ed
6
(1) in subsection (a)
(A) by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively,
and adjusting the margins accordingly;
10
(B) in the matter preceding subparagraph
11
(A), as redesignated
12
(i) by striking An individual and in-
13
serting the following:
14
(1) DENIAL
OF ASSISTANCE AND BENEFITS.
15
Except as provided in paragraph (2), an individual;
16
and
17
(ii) by striking possession, use, or;
18
and
19
(C) by adding at the end the following:
20
(2) EXCEPTION
FOR INDIVIDUALS WHO RE-
21
CEIVE TREATMENT AND OTHER INDIVIDUALS.The
22
prohibition under paragraph (1) shall not apply to
23
an individual convicted of an offense described in
24
paragraph (1) who
25
(A)(i) has successfully completed a cer-
26
tified substance abuse treatment program; and
OLL15203
S.L.C.
60
1
2
3
4
(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 treat-
ment program; and
(ii) agrees to immediately enroll and par-
ticipate in a certified substance abuse treatment
10
program once a slot becomes available for the
11
individual;
12
(D) is a custodial parent;
13
(E)(i) is suffering from a serious illness,
14
other than a substance abuse disorder; and
15
(ii) provides documentation of the illness
16
described in clause (i) with a letter of diagnosis
17
from a medical provider;
18
(F) is pregnant; or
19
(G) is in compliance with the terms of the
20
sentence imposed on the individual for the con-
21
viction.;
22
(2) in subsection (d), by striking the date of
23
the enactment of this Act each place that term ap-
24
pears and inserting the date of enactment of the
OLL15203
S.L.C.
61
1
Record Expungement Designed to Enhance Employ-
ment Act of 2015;
(3) by striking subsection (e) and inserting the
following:
(e) DEFINITIONS.For purposes of this section
(1) the term certified substance abuse treat-
ment program means a course of substance abuse
disorder treatment prescribed by a qualified behav-
ioral health provider;
10
(2) the term custodial parent means an indi-
11
vidual who has custody of, and lives in the same
12
household as
13
14
(A) a dependent child who is less than 18

years of age; or
15
(B) a disabled child of the individual who
16
is not less than 18 years of age;
17
(3) the term State has the meaning given the
18
term
19
(A) in section 419(5) of the Social Secu-
20
rity Act, when referring to assistance provided
21
under a State program funded under part A of
22
title IV of the Social Security Act; and
23
(B) in section 3 of the Food and Nutri-
24
tion Act of 2008 (7 U.S.C. 2012), when refer-
25
ring to the supplemental nutrition assistance
OLL15203
S.L.C.
62
1
program (as defined in that section) or any
State program carried out under that Act; and
(4) the term successfully completed, with re-
spect to an individual who participates in a certified
substance abuse treatment program, means the indi-
vidual has completed the prescribed course of treat-
ment for a substance abuse disorder.; and
8
9
(4) in subsection (f), by striking paragraph (5)

and inserting the following:
10
(5) Employment services, including job train-
11
ing programs and any other employment services
12
that are funded using assistance or benefits referred
13
to in subsection (a)..
14
(b) EFFECT
ON
STATE ELECTIONS
TO
OPT OUT
OR
15 LIMIT PERIOD OF PROHIBITION.

16
(1) DEFINITIONS.In this subsection
17
(A) the term State has the meaning
18
given the term in section 115(e) of the Personal
19
Responsibility and Work Opportunity Reconcili-
20
ation Act of 1996 (21 U.S.C. 862a(e)); and
21
(B) the term TANF assistance or SNAP
22
benefits means assistance or benefits referred
23
to in section 115(a) of the Personal Responsi-
24
bility and Work Opportunity Reconciliation Act
25
of 1996.
OLL15203
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63
1
(2) EFFECT.A law enacted by a State under
the authority under subparagraph (A) or (B) of sub-
section (d)(1) of section 115 of the Personal Respon-
sibility and Work Opportunity Reconciliation Act of
1996 (21 U.S.C. 862a) (as in effect on the day be-
fore the date of enactment of this Act), and any
State law or regulation enacted to carry out the re-
quirements of such section (as in effect on the day
before the date of enactment of this Act), that im-
10
poses conditions on eligibility for TANF assistance
11
or SNAP benefits that are more restrictive than the
12
conditions on eligibility for TANF assistance or
13
SNAP benefits under such section as amended by
14
subsection (a) shall have no force or effect.
15
16
SEC. 6. STATE INCENTIVES.
(a) COPS GRANTS PRIORITY.Section 1701(c) of
17 the Omnibus Crime Control and Safe Streets Act of 1968

18 (42 U.S.C. 3796dd(c)) is amended
19
(1) by striking In and inserting the following:
20
(1) IN
21
(2) by striking where feasible and all that fol-
22
lows, and inserting the following: where feasible, to
23
an application
GENERAL.In;
24
(A) for hiring and rehiring additional ca-
25
reer law enforcement officers that involves a
OLL15203
S.L.C.
64
1
non-Federal contribution exceeding the 25 per-
cent minimum under subsection (g); or
3
4
(B) from an applicant in a State that has

in effect
(i) a law relating to the confiden-
tiality, sealing, and expungement of juve-
nile records that is substantially similar to,
or more generous to the former offender
than, the amendments made by subsections
10
(b) through (d) of section 3 of the Record
11
Expungement Designed to Enhance Em-
12
ployment Act of 2015;
13
(ii) a law prohibiting juvenile solitary
14
confinement that is substantially similar
15
to, or more restrictive than, the amend-
16
ment made by subsection (e) of section 3
17
of the Record Expungement Designed to
18
Enhance Employment Act of 2015;
19
(iii) a law relating to the sealing of
20
adult records that is substantially similar
21
to, or more generous to the former of-
22
fender than, the amendments made by sec-
23
tion 2 of the Record Expungement De-
24
signed to Enhance Employment Act of
25
2015;
OLL15203
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65
1
(iv) subject to paragraph (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;
(v) a law that allows an individual
who has successfully sealed or expunged a
criminal record to be free from civil and
10
criminal perjury laws; or
11
(vi) a law relating to the eligibility of
12
individuals for assistance or benefits re-
13
ferred to in subsection (a) of section 115
14
of the Personal Responsibility and Work
15
Opportunity Reconciliation Act of 1996
16
(21 U.S.C. 862a(a)) that is no more re-
17
strictive than such section, as amended by
18
section 5 of the Record Expungement De-
19
signed to Enhance Employment Act of
20
2015.; and
21
(3) by adding at the end the following:
22
(2) JUVENILE
TRANSFER PROVISIONS.Para-
23
graph (1)(B)(iv) shall not be construed to preclude
24
from preferential consideration an application from
25
an applicant in a State that
OLL15203
S.L.C.
66
1
(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 indi-
vidual commits a specified offense or an offense
that falls under a specified category of offenses;
or
(B) exercises other case-specific transfer
mechanisms.
(3) DEGREE
OF
PRIORITY
COMMENSURATE
10
WITH DEGREE OF COMPLIANCE.If
11
General, in awarding grants under this part, gives
12
preferential consideration to any application as au-
13
thorized under paragraph (1)(B), the Attorney Gen-
14
eral shall base the degree of preferential consider-
15
ation given to an application from an applicant in a
16
particular State on the number of clauses under
17
paragraph (1)(B) that the State has satisfied, rel-
18
ative to the number of such clauses that each other
19
State has satisfied..
20
(b) ATTORNEY GENERAL GUIDELINES
21
NICAL
the Attorney
AND
TECH-
ASSISTANCE.The Attorney General shall issue
22 guidelines and provide technical assistance to assist States

23 in
complying
with
the
incentive
under
section
24 1701(c)(1)(B) of the Omnibus Crime Control and Safe
OLL15203
S.L.C.
67
1 Streets Act of 1968 (42 U.S.C. 3796dd(c)(1)(B)), as
2 added by subsection (a).
3
SEC. 7. ENSURING ACCURACY IN THE FBI BACKGROUND
4
5
CHECK SYSTEM.
(a) IN GENERAL.Section 534 of title 28, United
6 States Code, is amended by adding at the end the fol7 lowing:

8
9
10
(g) ENSURING ACCURACY

GROUND
IN THE
FBI BACK-
CHECK SYSTEM.
(1) DEFINITIONS.In this subsection
11
(A) the term applicant means the indi-
12
vidual to whom a record sought to be exchanged
13
pertains;
14
15
(B) the term incomplete, with respect to

a record, means the record
16
(i) indicates that an individual was
17
arrested but does not describe the offense
18
for which the individual was arrested; or
19
(ii) indicates that an individual was
20
arrested or criminal proceedings were insti-
21
tuted against an individual but does not
22
include the final disposition of the arrest
23
or of the proceedings if a final disposition
24
has been reached;
OLL15203
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68
1
(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 sec-
tion; and
(E) the term requesting entity
(i) means a person or entity that
seeks the exchange of a record for civil
10
purposes that include employment, hous-
11
ing, credit, or any other type of applica-
12
tion; and
13
(ii) does not include a law enforce-
14
ment or intelligence agency that seeks the
15
exchange of a record for
16
(I) investigative purposes; or
17
(II) purposes relating to law en-
18
forcement employment.
19
(2) INCOMPLETE
OR INACCURATE RECORDS.
20
The Attorney General shall establish and enforce
21
procedures to ensure the prompt release of accurate
22
records exchanged for employment-related purposes
23
through the records system created under this sec-
24
tion.
OLL15203
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69
1
(3) REQUIRED
PROCEDURES.The
procedures
established under paragraph (2) shall include the
following:
(A) INACCURATE
RECORD OR INFORMA-
TION.If
a record is inaccurate, the Attorney General
shall promptly correct the record, including by
making deletions to the record if appropriate.
the Attorney General determines that
(B) INCOMPLETE
10
(i) IN
RECORD.
GENERAL.If
the Attorney
11
General determines that a record is incom-
12
plete or cannot be verified, the Attorney
13
General
14
15
(I) shall attempt to complete or

verify the record; and
16
(II) if unable to complete or
17
verify the record, may promptly make
18
any changes or deletions to the
19
record.
20
(ii) LACK
OF DISPOSITION OF AR-
21
REST.For
22
graph, an incomplete record includes a
23
record that indicates there was an arrest
24
and does not include the disposition of the
25
arrest.
purposes of this subpara-
OLL15203
S.L.C.
70
1
(iii) OBTAINING
DISPOSITION OF AR-
REST.If
that a record is an incomplete record de-
scribed 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 ar-
rest.
10
the Attorney General determines
(C) NOTIFICATION
OF REPORTING JURIS-
11
DICTION.The
12
each appropriate reporting jurisdiction of any
13
action taken under subparagraph (A) or (B).
14
Attorney General shall notify
(D) OPPORTUNITY
TO REVIEW RECORDS
15
BY
16
change of a record under this section, the At-
17
torney General shall
APPLICANT.In
connection with an ex-
18
(i) obtain the consent of the appli-
19
cant to exchange the record with the re-
20
questing entity;
21
(ii) at the time of consent, notify the
22
applicant that the applicant can obtain a
23
copy of the record;
24
25
(iii) provide to the applicant an opportunity to
OLL15203
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71
1
(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, com-
plete an investigation of the challenge;
10
(vi) provide to the applicant the spe-
11
cific findings and results of that investiga-
12
tion;
13
(vii) promptly make any changes or
14
deletions to the records required as a re-
15
sult of the challenge; and
16
(viii) report those changes to the re-
17
questing entity.
18
(E) CERTAIN
19
EXCHANGES PROHIBITED.
An exchange shall not include any record
20
(i) about an arrest more than 2
21
years old as of the date of the request for
22
the exchange, that does not also include a
23
disposition (if any) of that arrest;
24
(ii) relating to an adult or juvenile
25
non-serious offense of the sort described in
OLL15203
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72
1
section 20.32(b) of title 28, Code of Fed-
eral 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 ar-
rest.
(4) FEES.The Attorney General may collect
a reasonable fee for an exchange of records for em-
ployment-related purposes through the records sys-
10
tem created under this section to defray the costs
11
associated with exchanges for those purposes, includ-
12
ing any costs associated with the investigation of in-
13
accurate or incomplete records..
14
(b) REGULATIONS
ON
REASONABLE PROCEDURES.
15 Not later than 1 year after the date of enactment of this

16 Act, the Attorney General shall issue regulations to carry
17 out section 534(g) of title 28, United States Code, as
18 added by subsection (a).
19
(c) REPORT.Not later than 2 years after the date
20 of enactment of this Act, the Attorney General shall sub21 mit to Congress a report on the implementation of sub22 section (g) of section 534 of title 28, United States Code,
23 as added by subsection (a), that includes
24
(1) the number of exchanges of records for em-
25
ployment-related purposes made with entities in each
OLL15203
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73
1
State through the records system created under such
section 534;
(2) any prolonged failure of a reporting juris-
diction to comply with a request by the Attorney
General for information about dispositions of ar-
rests; and
(3) the numbers of successful and unsuccessful
challenges to the accuracy and completeness of
records, organized by State of origination of each
10
record.
11
SEC. 8. REPORT ON STATUTORY AND REGULATORY RE-
12
STRICTIONS AND DISQUALIFICATIONS BASED
13
ON CRIMINAL RECORDS.
14
(a) IN GENERAL.Not later than 2 years after the
15 date of enactment of this Act, the Attorney General, in

16 consultation with the Secretary of Labor and the Director
17 of the Office of Personnel Management, shall submit to
18 Congress a report on each Federal statute, regulation, or
19 policy that authorizes a restriction on, or disqualification
20 of, an applicant for employment or for a Federal license
21 or permit based on the criminal record of the applicant.
22
(b) IDENTIFICATION
OF
INFORMATION.In the re-
23 port submitted under subsection (a), the Attorney General

24 shall
OLL15203
S.L.C.
74
1
(1) identify each occupation, position, license,
or permit to which a restriction or disqualification
described in subsection (a) applies; and
4
5
(2) for each occupation, position, license, or

permit identified under paragraph (1), include
6
7
(A) a description of the restriction or disqualification;
8
9
(B) the duration of the restriction or disqualification;
10
(C) an evaluation of the rationale for the
11
restriction or disqualification and its continuing
12
usefulness;
13
(D) the procedures, if any, to appeal, waive
14
or exempt the restriction or disqualification
15
based on a showing of rehabilitation or other
16
relevant evidence;
17
(E) any information available about the
18
numbers of individuals restricted or disqualified
19
on the basis of a criminal record; and
20
(F) the identity of the Federal agency with
21
jurisdiction over the restriction or disqualifica-
22
tion.

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OLL15203

To provide for the sealing or expungement of records relating to Federal

IN THE SENATE OF THE UNITED STATES

Be it enacted by the Senate and House of Representa-

2 tives 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

5 Record Expungement Designed to Enhance Employment

CONTENTS.The table of contents for

8 this Act is as follows:

SEC. 2. SEALING OF CRIMINAL RECORDS.

(a) IN GENERAL.Chapter 229 of title 18, United

3 States Code, is amended by adding at the end the fol4 lowing:

6 3631. Definitions; eligible individuals

(a) DEFINITIONS.In this subchapter

(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 in-

(B) in the case of a conviction described

in subparagraph (A), has fulfilled each require-

ment of the sentence for the covered nonviolent

(i) completing each term of imprison-

ment, probation, or supervised release; and

(ii) satisfying each condition of im-

prisonment, probation, or supervised re-

(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; and

(4) the term protected information, with re-

spect to a covered nonviolent offense, means any ref-

(A) an arrest, conviction, or sentence of

(B) the institution of criminal pro-

ceedings against an individual for the offense;

(C) the result of criminal proceedings de-

scribed in subparagraph (B);

(5) the term seal

(i) to close a record from public

viewing so that the record cannot be exam-

ined except by court order; and

(ii) to physically seal the record shut

and label the record SEALED or, in the

case of an electronic record, the sub-

stantive equivalent; and

(B) has the effect described in section

(i) the right to treat the offense to

which a sealed record relates, and any ar-

rest, criminal proceeding, conviction, or

sentence relating to the offense, as if it

never occurred; and

(ii) protection from civil and criminal

perjury, false swearing, and false state-

ment laws with respect to a sealed record;

(6) the term sealing hearing means a hearing