redeem act

8/10/2019 Redeem Act

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II

113TH CONGRESS2D SESSION S. 2567

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

JULY 8, 2014

Mr. PAUL (for himself and Mr. BOOKER) introduced the following bill; whichwas 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 Representa-1

tives of the United States of America in Congress assembled,2

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.3

(a) SHORT TITLE.This Act may be cited as the4

Record Expungement Designed to Enhance Employment5

Act of 2014 or the REDEEM Act.6

(b) TABLE OF CONTENTS.The table of contents for7

this Act is as follows:8

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 provi-

sions.

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.

SEC. 2. SEALING OF CRIMINAL RECORDS.1

(a) IN GENERAL.Chapter 229 of title 18, United2

States Code, is amended by adding at the end the fol-3

lowing:4

Subchapter DSealing of Criminal Records5

Sec.3631. Definitions; eligible individuals.

3632. Sealing petition.

3633. Effect of sealing order.

3631. Definitions; eligible individuals6

(a) DEFINITIONS.In this subchapter7

(1) the term covered nonviolent offense8

means a Federal criminal offense that is not9

(A) a crime of violence (as that term is10

defined in section 16); or11

(B) a sex offense (as that term is defined12

in section 111 of the Sex Offender Registration13

and Notification Act (42 U.S.C. 16911));14

(2) the term eligible individual means an in-15

dividual who16

(A) has been arrested for or convicted of17

a covered nonviolent offense;18



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(B) in the case of a conviction described1

in subparagraph (A), has fulfilled each require-2

ment of the sentence for the covered nonviolent3

offense, including4

(i) completing each term of imprison-5

ment, probation, or supervised release; and6

(ii) satisfying each condition of im-7

prisonment, probation, or supervised re-8

lease;9

(C) subject to subsection (b), has not10

been convicted of more than 2 felonies that are11

covered nonviolent offenses, including any such12

convictions that have been sealed; and13

(D) has not been convicted of any felony14

that is not a covered nonviolent offense;15

(3) the term petitioner means an individual16

who files a sealing petition; and17

(4) the term protected information, with re-18

spect to a covered nonviolent offense, means any ref-19

erence to20

(A) an arrest, conviction, or sentence of21

an individual for the offense;22

(B) the institution of criminal pro-23

ceedings against an individual for the offense;24

or25



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(C) the result of criminal proceedings de-1

scribed in subparagraph (B);2

(5) the term seal3

(A) means4

(i) to close a record from public5

viewing so that the record cannot be exam-6

ined except by court order; and7

(ii) to physically seal the record shut8

and label the record SEALED or, in the9

case of an electronic record, the sub-10

stantive equivalent; and11

(B) has the effect described in section12

3633, including13

(i) the right to treat the offense to14

which a sealed record relates, and any ar-15

rest, criminal proceeding, conviction, or16

sentence relating to the offense, as if it17

never occurred; and18

(ii) protection from civil and criminal19

perjury, false swearing, and false state-20

ment laws with respect to a sealed record;21

(6) the term sealing hearing means a hearing22

held under section 3632(b)(2); and23

(7) the term sealing petition means a petition24

for a sealing order filed under section 3632(a).25



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(b) ELIGIBLE INDIVIDUALS.1

(1) MULTIPLE CONVICTIONS DEEMED TO BE2

ONE CONVICTION.For purposes of subsection3

(a)(2)(C)4

(A) multiple convictions shall be deemed5

to be 1 conviction if the convictions result from6

or relate to7

(i) the same act; or8

(ii) acts committed at the same time;9

and10

(B) subject to paragraph (2), multiple11

convictions, not to exceed 3, that do not result12

from or relate to the same act or acts com-13

mitted at the same time shall be deemed to be14

1 conviction if the convictions15

(i) result from or relate to16

(I) the same17

(aa) indictment, informa-18

tion, or complaint;19

(bb) plea of guilty; or20

(cc) official proceeding; or21

(II) related criminal acts that22

were committed within a 3-month pe-23

riod; or24



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(ii) are determined to be directly re-1

lated to addiction or a substance use dis-2

order.3

(2) DISCRETION OF COURT.4

(A) IN GENERAL.A court reviewing a5

sealing petition may determine that it is not in6

the public interest to deem multiple convictions7

described in paragraph (1)(B) to be 1 convic-8

tion.9

(B) REASONING.If a court makes a de-10

termination under subparagraph (A), the court11

shall make available to the public the reasoning12

for the determination.13

(C) REPORTING.Not later than 2 years14

after the date of enactment of this subchapter,15

and each year thereafter, each district court of16

the United States shall submit to the Attorney17

General a report that describes the exercise of18

discretion by the court under subparagraph19

(B).20

3632. Sealing petition21

(a) RIGHT TO FILE SEALING PETITION.22

(1) IN GENERAL.On and after the date de-23

scribed in paragraph (2), an eligible individual may24

file a petition for a sealing order with respect to a25



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covered nonviolent offense in a district court of the1

United States.2

(2) DATES.The date described in this para-3

graph is4

(A) for an eligible individual who is con-5

victed of a covered nonviolent offense and sen-6

tenced to a term of imprisonment, probation, or7

supervised release, the date that is 1 year after8

the date on which the eligible individual has9

completed every such term of imprisonment,10

probation, or supervised release; and11

(B) for an eligible individual not de-12

scribed in subparagraph (A), the date on which13

the case relating to the covered nonviolent of-14

fense is disposed of.15

(3) NOTICE OF OPPORTUNITY TO FILE PETI-16

TION.17

(A) CONVICTED INDIVIDUALS.18

(i) IN GENERAL.If an individual is19

convicted of a covered nonviolent offense20

and will potentially be eligible to file a21

sealing petition with respect to the offense22

upon fulfilling each requirement of the sen-23

tence for the offense as described in sec-24

tion 3631(a)(2)(B), the court in which the25



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individual is convicted shall inform the in-1

dividual, on each date described in clause2

(ii), of3

(I) that potential eligibility;4

(II) the necessary procedures5

for filing the sealing petition; and6

(III) the benefits of sealing a7

record, including protection from civil8

and criminal perjury, false swearing,9

and false statement laws with respect10

to the record.11

(ii) DATES.The dates described in12

this clause are13

(I) the date on which the indi-14

vidual is convicted; and15

(II) the date on which the indi-16

vidual has completed every term of17

imprisonment, probation, or super-18

vised release relating to the offense.19

(B) INDIVIDUALS NOT CONVICTED.20

(i) ARREST ONLY.If an individual21

is arrested for a covered nonviolent of-22

fense, criminal proceedings are not insti-23

tuted against the individual for the offense,24

and the individual is potentially eligible to25



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file a sealing petition with respect to the1

offense, on the date on which the case re-2

lating to the offense is disposed of, the ar-3

resting authority shall inform the indi-4

vidual of5








to the record.13

(ii) COURT PROCEEDINGS.If an in-14

dividual is arrested for a covered non-15

violent offense, criminal proceedings are in-16

stituted against the individual for the of-17

fense, the individual is not convicted of the18

offense, and the individual is potentially el-19

igible to file a sealing petition with respect20

to the offense, on the date on which the21

case relating to the offense is disposed of,22

the court in which the criminal proceedings23

take place shall inform the individual of24




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to the record.7

(b) PROCEDURES.8

(1) NOTIFICATION OF PROSECUTOR AND VIC-9

TIMS.If an individual files a petition under sub-10

section (a) with respect to a covered nonviolent of-11

fense or arrest for a covered nonviolent offense, the12

district court in which the petition is filed shall pro-13

vide notice of the petition14

(A) to the office of the United States at-15

torney that prosecuted or would have pros-16

ecuted the petitioner for the offense;17

(B) to the extent reasonable and prac-18

ticable, to each victim of the offense; and19

(C) upon the request of the petitioner, to20

any other individual that the petitioner deter-21

mines may testify as to the22

(i) conduct of the petitioner since the23

date of the offense or arrest; or24



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(ii) reasons that the sealing order1

should be entered.2

(2) HEARING.3

(A) IN GENERAL.Not later than 64

months after the date on which an individual5

files a sealing petition, the district court shall6

conduct a hearing to determine whether to7

enter a sealing order for the individual.8

(B) OPPORTUNITY TO TESTIFY AND9

OFFER EVIDENCE.10

(i) PETITIONER.The petitioner11

may testify or offer evidence at the sealing12

hearing in support of sealing.13

(ii) PROSECUTOR.The office of a14

United States attorney that receives notice15

under paragraph (1)(A) may send a rep-16

resentative to testify or offer evidence at17

the sealing hearing in support of or18

against sealing.19

(iii) VICTIMS.20

(I) IN GENERAL.A victim who21

receives notice under paragraph22

(1)(B) may testify or offer evidence at23

the sealing hearing in support of or24

against sealing.25



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(II) LOCATING VICTIMS.The1

inability of a court to locate a victim2

shall not3

(aa) delay a proceeding4

under this section;5

(bb) preclude the holding6

of a sealing hearing; or7

(cc) impact the issuance of8

a sealing order.9

(iv) OTHER INDIVIDUALS.An indi-10

vidual who receives notice under paragraph11

(1)(C) may testify or offer evidence at the12

sealing hearing as to the issues described13

in clauses (i) and (ii) of that paragraph.14

(C) MAGISTRATE JUDGES.A magistrate15

judge may preside over a hearing under this16

paragraph.17

(3) BASIS FOR DECISION.18

(A) IN GENERAL.In determining wheth-19

er to enter an sealing order with respect to pro-20

tected information relating to a covered non-21

violent offense, the court22

(i) shall consider all the evidence and23

testimony presented at the sealing hearing;24



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(ii) may not consider any non-Fed-1

eral nonviolent crimes for which the peti-2

tioner has been arrested or proceeded3

against, or of which the petitioner has been4

convicted; and5

(iii) shall balance6

(I)(aa) the interest of public7

knowledge and safety; and8

(bb) the legitimate interest, if9

any, of the Government in maintain-10

ing the accessibility of the protected11

information, including any potential12

impact of sealing the protected infor-13

mation on Federal licensure, permit,14

or employment restrictions; against15

(II)(aa) the conduct and dem-16

onstrated desire of the petitioner to be17

rehabilitated and positively contribute18

to the community; and19

(bb) the interest of the peti-20

tioner in having the protected infor-21

mation sealed, including the harm of22

the protected information to the abil-23

ity of the petitioner to secure and24

maintain employment.25



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(B) BURDEN ON GOVERNMENT.The1

burden shall be on the Government to show2

that the interests under subclause (I) of sub-3

paragraph (A)(iii) outweigh the interests of the4

petitioner under subclause (II) of that subpara-5

graph.6

(4) WAITING PERIOD AFTER DENIAL.If the7

district court denies a sealing petition, the petitioner8

may not file a new sealing petition with respect to9

the same offense until the date that is 2 years after10

the date of the denial.11

(5) UNIVERSAL FORM.The Attorney General12

shall create a universal form, available over the13

Internet and in paper form, that an individual may14

use to file a sealing petition.15

(6) FEE WAIVER.The Attorney General shall16

by regulation establish a process under which indi-17

gent petitioners may obtain a waiver of any fee for18

filing a sealing petition.19

(7) REPORTING.Not later than 2 years after20

the date of enactment of this subchapter, and each21

year thereafter, each district court of the United22

States shall issue a public report that23

(A) describes24



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(i) the number of sealing petitions1

granted and denied under this section; and2

(ii) the number of instances in which3

the office of a United States attorney sup-4

ported or opposed a sealing petition; and5

(B) includes any supporting data that the6

court determines relevant and that does not7

name any petitioner.8

(8) PUBLIC DEFENDER ELIGIBILITY.9

(A) IN GENERAL.The district court10

may, in its discretion, appoint counsel in ac-11

cordance with the plan of the district court in12

operation under section 3006A to represent a13

petitioner for purposes of this section.14

(B) CONSIDERATIONS.In making a de-15

termination whether to appoint counsel under16

subparagraph (A), the court shall consider17

(i) the anticipated complexity of the18

sealing hearing, including the number and19

type of witnesses called to advocate against20

the sealing of the protected information of21

the petitioner; and22

(ii) the potential for adverse testi-23

mony by a victim or a representative of the24

office of the United States attorney.25



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3633. Effect of sealing order1

(a) IN GENERAL.Except as provided in this sec-2

tion, if a district court of the United States enters a seal-3

ing order with respect to a covered nonviolent offense, the4

offense and any arrest, criminal proceeding, conviction, or5

sentence relating to the offense shall be treated as if it6

never occurred.7

(b) VERIFICATION OF SEALING.If a district court8

of the United States enters a sealing order with respect9

to a covered nonviolent offense, the court shall10

(1) send a copy of the sealing order to each11

entity or person that possesses a record containing12

protected information that relates to the offense, in-13

cluding each law enforcement agency, each public or14

private correctional, detention, or treatment facility,15

each other public or private agency, and each person16

who provided treatment or rehabilitation services for17

the petitioner under an order of the court;18

(2) in the sealing order, require each entity or19

person described in paragraph (1) to20

(A) seal the record in accordance with21

this section; and22

(B) submit a written certification to the23

court, under penalty of perjury, that the entity24

or person has sealed each paper and electronic25

copy of the record;26



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(3) seal each paper and electronic copy of the1

record in the possession of the court; and2

(4) after receiving a written certification from3

each entity or person under paragraph (2)(B), notify4

the petitioner that each entity or person described in5

paragraph (1) has sealed each paper and electronic6

copy of the record.7

(c) PROTECTION FROM PERJURY LAWS.Except as8

provided in subsection (f)(3)(A), a petitioner with respect9

to whom a sealing order has been entered for a covered10

nonviolent offense shall not be subject to prosecution11

under any civil or criminal provision of Federal or State12

law relating to perjury, false swearing, or making a false13

statement, including section 1001, 1621, 1622, or 1623,14

for failing to recite or acknowledge any protected informa-15

tion with respect to the offense or respond to any inquiry16

made of the petitioner, relating to the protected informa-17

tion, for any purpose.18

(d) ATTORNEY GENERAL NONPUBLIC RECORDS.19

The Attorney General20

(1) shall maintain a nonpublic record of all21

protected information that has been sealed under22

this subchapter; and23

(2) may access or utilize protected information24

only25



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(A) for legitimate investigative purposes;1

(B) in defense of any civil suit arising out2

of the facts of the arrest or subsequent pro-3

ceedings; or4

(C) if the Attorney General determines5

that disclosure is necessary to serve the inter-6

ests of justice, public safety, or national secu-7

rity.8

(e) LAW ENFORCEMENT ACCESS.A Federal or9

State law enforcement agency may access a record that10

is sealed under this subchapter solely11

(1) to determine whether the individual to12

whom the record relates is eligible for a first-time-13

offender diversion program;14

(2) for investigatory or prosecutorial purposes;15

or16

(3) for a background check that relates to law17

enforcement employment or any employment that re-18

quires a government security clearance.19

(f) PROHIBITION ON DISCLOSURE.20

(1) PROHIBITION.Except as provided in21

paragraph (3), it shall be unlawful to intentionally22

make or attempt to make an unauthorized disclosure23

of any protected information from a record that has24

been sealed under this subchapter.25



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(2) PENALTY.Any person who violates para-1

graph (1) shall be fined under this title, imprisoned2

for not more than 1 year, or both.3

(3) EXCEPTIONS.4

(A) BACKGROUND CHECKS.An indi-5

vidual who is the subject of a record sealed6

under this subchapter shall, and a Federal or7

State law enforcement agency that possesses8

such a record may, disclose the record in the9

case of a background check for10

(i) law enforcement employment; or11

(ii) any employment that requires a12

government security clearance.13

(B) DISCLOSURE TO ARMED FORCES.A14

person may disclose protected information from15

a record sealed under this subchapter to the16

Secretaries of the military departments (or the17

Secretary of Homeland Security with respect to18

the Coast Guard when it is not operating as a19

service in the Navy) for the purpose of vetting20

an enlistment or commission, or with regard to21

any member of the Armed Forces.22

(C) AUTHORIZATION FOR INDIVIDUAL TO23

DISCLOSE OWN RECORD.An individual who is24



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the subject of a record sealed under this sub-1

chapter may choose to disclose the record..2

(b) APPLICABILITY.The right to file a sealing peti-3

tion under section 3632(a) of title 18, United States Code,4

as added by subsection (a), shall apply with respect to a5

covered nonviolent offense (as defined in section 3631(a)6

of such title) that is committed before, on, or after the7

date of enactment of this Act.8

(c) TRANSITION PERIOD FOR HEARINGS DEAD-9

LINE.During the 1-year period beginning on the date10

of enactment of this Act, section 3632(b)(2)(A) of title11

18, United States Code, as added by subsection (a), shall12

be applied by substituting 1 year for 6 months.13

(d) TECHNICAL AND CONFORMING AMENDMENT.14

The table of subchapters for chapter 229 of title 18,15

United States Code, is amended by adding at the end the16

following:17

D. Sealing of Criminal Records ................................................. 3631.

SEC. 3. JUVENILE SEALING AND EXPUNGEMENT.18

(a) PURPOSE.The purpose of this section is to19

(1) protect children and adults against damage20

stemming from their juvenile acts and subsequent21

juvenile delinquency records, including law enforce-22

ment, arrest, and court records; and23

(2) prevent the unauthorized use or disclosure24

of confidential juvenile delinquency records and any25



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potential employment, financial, psychological, or1

other harm that would result from such unauthor-2

ized use or disclosure.3

(b) DEFINITIONS.Section 5031 of title 18, United4

States Code, is amended to read as follows:5

5031. Definitions6

In this chapter7

(1) the term adjudication means a deter-8

mination by a judge that a person committed an act9

of juvenile delinquency;10

(2) the term conviction means a judgment or11

disposition in criminal court against a person fol-12

lowing a finding of guilt by a judge or jury;13

(3) the term destroy means to render a file14

unreadable, whether paper, electronic, or otherwise15

stored, by shredding, pulverizing, pulping, incin-16

erating, overwriting, reformatting the media, or17

other means;18

(4) the term expunge19

(A) means to destroy a record and oblit-20

erate the name of the person to whom the21

record pertains from each official index or pub-22

lic record; and23


5044(c), including25



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(i) the right to treat an offense to1

which an expunged record relates, and any2

arrest, juvenile delinquency proceeding, ad-3

judication, or other result of such pro-4

ceeding relating to the offense, as if it5

never occurred; and6



ment laws with respect to an expunged9

record;10

(5) the term expungement hearing means a11

hearing held under section 5044(b)(2)(B);12

(6) the term expungement petition means a13

petition for expungement filed under section14

5044(b);15

(7) the term juvenile means16

(A) except as provided in subparagraph17

(B), a person who has not attained the age of18

18; and19

(B) for the purpose of proceedings and20

disposition under this chapter for an alleged act21

of juvenile delinquency, a person who has not22

attained the age of 21;23

(8) the term juvenile delinquency means the24

violation of a law of the United States committed by25



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a person before attaining the age of 18 which would1

have been a crime if committed by an adult, or a2

violation by such a person of section 922(x);3

(9) the term juvenile nonviolent offense4

means an act of juvenile delinquency that is not5

(A) a violent crime (as defined in section6

103 of the Juvenile Justice and Delinquency7

Prevention Act of 1974 (42 U.S.C. 5603)); or8

(B) a sex offense (as that term is defined9

in section 111 of the Sex Offender Registration10

and Notification Act (42 U.S.C. 16911));11

(10) the term juvenile record12

(A) means a record maintained by a13

court, the probation system, a law enforcement14

agency, or any other government agency, of the15

juvenile delinquency proceedings of a person;16

and17

(B) includes18

(i) a juvenile legal file, including a19

formal document such as a petition, notice,20

motion, legal memorandum, order, or de-21

cree;22

(ii) a social record, including23

(I) a record of a probation offi-24

cer;25



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(II) a record of any government1

agency that keeps records relating to2

juvenile delinquency;3

(III) a medical record;4

(IV) a psychiatric or psycho-5

logical record;6

(V) a birth certificate;7

(VI) an education record, in-8

cluding an individualized education9

plan;10

(VII) a detention record;11

(VIII) demographic information12

that identifies a juvenile or the family13

of a juvenile; or14

(IX) any other record that in-15

cludes personally identifiable informa-16

tion that may be associated with a ju-17

venile delinquency proceeding, an act18

of juvenile delinquency, or an alleged19

act of juvenile delinquency;20

(iii) a law enforcement record, in-21

cluding22

(I) fingerprints;23

(II) a DNA sample; or24

(III) a photograph; and25



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(iv) a State criminal justice informa-1

tion system record;2

(11) the term petitioner means a person who3

files an expungement petition or a sealing petition;4

(12) the term seal5

(A) means6

(i) to close a record from public7

viewing so that the record cannot be exam-8

ined except by court order; and9

(ii) to physically seal the record shut10

and label the record SEALED or, in the11

case of an electronic record, the sub-12

stantive equivalent; and13


5043(c), including15

(i) the right to treat an offense to16

which a sealed record relates, and any ar-17

rest, juvenile delinquency proceeding, adju-18

dication, or other result of such proceeding19

relating to the offense, as if it never oc-20

curred; and21



ment laws with respect to a sealed record;24



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(13) the term sealing hearing means a hear-1

ing held under section 3632(b)(2)(A); and2

(14) the term sealing petition means a peti-3

tion for a sealing order filed under section4

5043(b)..5

(c) CONFIDENTIALITY.Section 5038 of title 18,6

United States Code, is amended7

(1) in subsection (a), in the flush text following8

paragraph (6), by inserting after bonding, the fol-9

lowing: participation in an educational system,;10

and11

(2) in subsection (b), by striking District12

courts exercising jurisdiction over any juvenile and13

inserting the following: Not later than 7 days after14

the date on which a district court exercises jurisdic-15

tion over a juvenile, the district court.16

(d) SEALING; EXPUNGEMENT.17

(1) IN GENERAL.Chapter 403 of title 18,18

United States Code, is amended by adding at the19

end the following:20

5043. Sealing21

(a) AUTOMATIC SEALING OF NONVIOLENT OF-22

FENSES.23

(1) IN GENERAL.Three years after the date24

on which a person who is adjudicated delinquent25



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under this chapter for a juvenile nonviolent offense1

completes every term of probation, official detention,2

or juvenile delinquent supervision ordered by the3

court with respect to the offense, the court shall4

order the sealing of each juvenile record or portion5

thereof that relates to the offense if the person6

(A) has not been convicted of a crime or7

adjudicated delinquent for an act of juvenile de-8

linquency since the date of the disposition; and9

(B) is not engaged in active criminal10

court proceedings or juvenile delinquency pro-11

ceedings.12

(2) AUTOMATIC NATURE OF SEALING.The13

order of sealing under paragraph (1) shall require14

no action by the person whose juvenile records are15

to be sealed.16

(3) NOTICE OF AUTOMATIC SEALING.A17

court that orders the sealing of a juvenile record of18

a person under paragraph (1) shall inform the per-19

son of the sealing and the benefits of sealing the20

record, including protection from civil and criminal21

perjury, false swearing, and false statement laws22

with respect to the record.23

(b) PETITIONING FOR EARLY SEALING OF NON-24

VIOLENT OFFENSES.25



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S 2567 IS

(1) RIGHT TO FILE SEALING PETITION.1

(A) IN GENERAL.During the 3-year pe-2

riod beginning on the date on which a person3

who is adjudicated delinquent under this chap-4

ter for a juvenile nonviolent offense completes5

every term of probation, official detention, or6

juvenile delinquent supervision ordered by the7

court with respect to the offense, the person8

may petition the court to seal the juvenile9

records that relate to the offense.10

(B) NOTICE OF OPPORTUNITY TO FILE11

PETITION.If a person is adjudged delinquent12

for a juvenile nonviolent offense, the court in13

which the person is adjudged delinquent shall14

inform the person of the potential eligibility of15

the person to file a sealing petition with respect16

to the offense upon completing every term of17

probation, official detention, or juvenile delin-18

quent supervision ordered by the court with re-19

spect to the offense, and the necessary proce-20

dures for filing the sealing petition21

(i) on the date on which the indi-22

vidual is adjudged delinquent; and23

(ii) on the date on which the indi-24

vidual has completed every term of proba-25



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S 2567 IS

tion, official detention, or juvenile delin-1

quent supervision ordered by the court2

with respect to the offense.3

(2) PROCEDURES.4

(A) NOTIFICATION OF PROSECUTOR AND5

VICTIMS.If a person files a sealing petition6

with respect to a juvenile nonviolent offense, the7

court in which the petition is filed shall provide8

notice of the petition9

(i) to the Attorney General;10

(ii) to the extent reasonable and11

practicable, to each victim of the offense;12

and13

(iii) upon the request of the peti-14

tioner, to any other individual that the pe-15

titioner determines may testify as to16

(I) the conduct of the petitioner17

since the date of the offense; or18

(II) the reasons that the sealing19

order should be entered.20

(B) HEARING.21

(i) IN GENERAL.Not later than 622

months after the date on which a person23

files a sealing petition, the court shall con-24



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S 2567 IS

duct a hearing to determine whether to1

enter a sealing order for the person.2

(ii) OPPORTUNITY TO TESTIFY AND3

OFFER EVIDENCE.4

(I) PETITIONER.The peti-5

tioner may testify or offer evidence at6

the sealing hearing in support of seal-7

ing.8

(II) PROSECUTOR.The Attor-9

ney General may send a representa-10

tive to testify or offer evidence at the11

sealing hearing in support of or12

against sealing.13

(III) VICTIMS.14

(aa) IN GENERAL.A vic-15

tim who receives notice under16

subparagraph (A)(ii) may testify17

or offer evidence at the sealing18

hearing in support of or against19

sealing.20

(bb) LOCATING VICTIMS.21

The inability of a court to locate22

a victim shall not delay a pro-23

ceeding under this subsection,24

preclude the holding of a sealing25



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S 2567 IS

hearing, or preclude the issuance1

of a sealing order.2

(IV) OTHER INDIVIDUALS.An3

individual who receives notice under4

subparagraph (A)(iii) may testify or5

offer evidence at the sealing hearing6

as to the issues described in sub-7

clauses (I) and (II) of that paragraph.8

(C) BASIS FOR DECISION.In conducting9

the hearing under subparagraph (B), the court10

shall determine whether to grant the sealing pe-11

tition after considering12

(i) the evidence and testimony pre-13

sented by the Attorney General and any14

victims at the hearing;15

(ii) the best interests of the peti-16

tioner;17

(iii) the age of the petitioner during18

his or her contact with the court or any19

law enforcement agency;20

(iv) the nature of the juvenile non-21

violent offense;22

(v) the disposition of the case;23

(vi) the manner in which the peti-24

tioner participated in any court-ordered re-25



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S 2567 IS

habilitative programming or supervised1

services;2

(vii) the length of the time period3

during which the petitioner has been with-4

out contact with any court or law enforce-5

ment agency;6

(viii) whether the petitioner has had7

any criminal or juvenile delinquency in-8

volvement since the disposition of the juve-9

nile delinquency proceeding; and10

(ix) the adverse consequences the pe-11

titioner may suffer if the petition is not12

granted.13

(D) WAITING PERIOD AFTER DENIAL.If14

the court denies a sealing petition, the peti-15

tioner may not file a new sealing petition with16

respect to the same juvenile nonviolent offense17

until the date that is 2 years after the date of18

the denial.19

(E) UNIVERSAL FORM.The Attorney20

General shall create a universal form, available21

over the Internet and in paper form, that an in-22

dividual may use to file a sealing petition.23

(F) NO FEE FOR SEALING.There shall24

be no cost for filing a sealing petition.25



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S 2567 IS

(G) REPORTING.Not later than 2 years1

after the date of enactment of this section, and2

each year thereafter, each district court of the3

United States shall issue a public report that4

(i) describes5

(I) the number of sealing peti-6

tions granted and denied under this7

subsection; and8

(II) the number of instances in9

which the Attorney General supported10

or opposed a sealing petition; and11

(ii) includes any supporting data12

that the court determines relevant and that13

does not name any petitioner.14

(H) PUBLIC DEFENDER ELIGIBILITY.15

(i) PETITIONERS UNDER AGE 18.16

The district court shall appoint counsel in17

accordance with the plan of the district18

court in operation under section 3006A to19

represent a petitioner for purposes of this20

subsection if the petitioner is less than 1821

years of age.22

(ii) PETITIONERS AGE 18 AND23

OLDER.24



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S 2567 IS

(I) DISCRETION OF COURT.In1

the case of a petitioner who not less2

than 18 years of age, the district3

court may, in its discretion, appoint4

counsel in accordance with the plan of5

the district court in operation under6

section 3006A to represent the peti-7

tioner for purposes of this subsection.8

(II) CONSIDERATIONS.In de-9

termining whether to appoint counsel10

under subclause (I), the court shall11

consider12

(aa) the anticipated com-13

plexity of the sealing hearing, in-14

cluding the number and type of15

witnesses called to advocate16

against the sealing of the records17

of the petitioner; and18

(bb) the potential for ad-19

verse testimony by a victim or a20

representative of the Attorney21

General.22

(c) EFFECT OF SEALING ORDER.23

(1) IN GENERAL.Except as provided in this24

subsection, if a court orders the sealing of a juvenile25



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S 2567 IS

(C) seal each paper and electronic copy of1

the record in the possession of the court; and2

(D) after receiving a written certification3

from each entity or person under paragraph4

(2)(B), notify the petitioner that each entity or5

person described in paragraph (1) has sealed6

each paper and electronic copy of the record.7

(3) PROTECTION FROM PERJURY LAWS.Ex-8

cept as provided in paragraph (5)(C)(i), the person9

who is the subject of a juvenile record sealed under10

subsection (a) or (b) or a parent of the person shall11

not be subject to prosecution under any civil or12

criminal provision of Federal or State law relating to13

perjury, false swearing, or making a false statement,14

including section 1001, 1621, 1622, or 1623, for15

failing to acknowledge the record or respond to any16

inquiry made of the person or the parent, relating17

to the record, for any purpose.18

(4) LAW ENFORCEMENT ACCESS TO SEALED19

RECORDS.A law enforcement agency may access a20

sealed juvenile record of a person solely21

(A) to determine whether the person is el-22

igible for a first-time-offender diversion pro-23

gram;24



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S 2567 IS

(B) for investigatory or prosecutorial pur-1

poses within the juvenile justice system; or2

(C) for a background check that relates3

to4

(i) law enforcement employment; or5

(ii) any employment that requires a6

government security clearance.7

(5) PROHIBITION ON DISCLOSURE.8

(A) PROHIBITION.Except as provided9

in subparagraph (C), it shall be unlawful to in-10

tentionally make or attempt to make an unau-11

thorized disclosure of any information from a12

sealed juvenile record in violation of this sec-13

tion.14

(B) PENALTY.Any person who violates15

subparagraph (A) shall be fined under this title,16

imprisoned for not more than 1 year, or both.17

(C) EXCEPTIONS.18

(i) BACKGROUND CHECKS.A per-19

son who is the subject of a juvenile record20

sealed under this section shall, and a Fed-21

eral or State law enforcement agency that22

possesses such a record may, disclose the23

record in the case of a background check24

for25



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S 2567 IS

(I) law enforcement employ-1

ment; or2

(II) any employment that re-3

quires a government security clear-4

ance.5

(ii) DISCLOSURE TO ARMED6

FORCES.A person may disclose informa-7

tion from a sealed juvenile record to the8

Secretaries of the military departments (or9

the Secretary of Homeland Security with10

respect to the Coast Guard when it is not11

operating as a service in the Navy) for the12

purpose of vetting an enlistment or com-13

mission, or with regard to any member of14

the Armed Forces.15

(iii) AUTHORIZATION FOR PERSON16

TO DISCLOSE OWN RECORD.A person17

who is the subject of a juvenile record18

sealed under this section may choose to19

disclose the record.20

5044. Expungement21

(a) AUTOMATIC EXPUNGEMENT OF CERTAIN22

RECORDS.23

(1) ATTORNEY GENERAL MOTION.24



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S 2567 IS

(A) NONVIOLENT OFFENSES COMMITTED1

BEFORE A PERSON TURNED 15.If a person is2

adjudicated delinquent under this chapter for a3

juvenile nonviolent offense committed before the4

person attained 15 years of age, on the date on5

which the person attains 18 years of age, the6

Attorney General shall file a motion in the dis-7

trict court of the United States in which the8

person was adjudicated delinquent requesting9

that each juvenile record of the person that re-10

lates to the offense be expunged.11

(B) ARRESTS.If a juvenile is arrested12

for an offense for which a juvenile delinquency13

proceeding is not instituted under this sub-14

chapter, the Attorney General shall file a mo-15

tion in the district court of the United States16

that would have had jurisdiction of the pro-17

ceeding requesting that each juvenile record re-18

lating to the arrest be expunged.19

(C) EXPUNGEMENT ORDER.Upon the20

filing of a motion in a district court of the21

United States with respect to a juvenile non-22

violent offense under subparagraph (A) or an23

arrest for an offense under subparagraph (B),24

the court shall grant the motion and order that25



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S 2567 IS

each juvenile record relating to the offense or1

arrest, as applicable, be expunged.2

(2) DISMISSED CASES.If a district court of3

the United States dismisses an information with re-4

spect to a juvenile under this subchapter or finds a5

juvenile not to be delinquent in a juvenile delin-6

quency proceeding under this subchapter, the court7

shall concurrently order that each juvenile record re-8

lating to the applicable proceeding be expunged.9

(3) AUTOMATIC NATURE OF EXPUNGEMENT.10

An order of expungement under paragraph (1)(C) or11

(2) shall not require any action by the person whose12

records are to be expunged.13

(4) NOTICE OF AUTOMATIC EXPUNGEMENT.14

A court that orders the expungement of a juvenile15

record of a person under paragraph (1)(C) or (2)16

shall inform the person of the expungement and the17

benefits of expunging the record, including protec-18

tion from civil and criminal perjury, false swearing,19

and false statement laws with respect to the record.20

(b) PETITIONING FOR EXPUNGEMENT OF NON-21

VIOLENT OFFENSES.22

(1) IN GENERAL.A person who is adjudged23

delinquent under this chapter for a juvenile non-24

violent offense committed on or after the date on25



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S 2567 IS

which the person attained 15 years of age may peti-1

tion the court in which the proceeding took place to2

order the expungement of the juvenile record that3

relates to the offense.4

(2) PROCEDURES.5

(A) NOTIFICATION OF PROSECUTOR AND6

VICTIMS.If a person files an expungement pe-7

tition with respect to a juvenile nonviolent of-8

fense, the court in which the petition is filed9

shall provide notice of the petition10

(i) to the Attorney General;11

(ii) to the extent reasonable and12

practicable, to each victim of the offense;13

and14

(iii) upon the request of the peti-15

tioner, to any other individual that the pe-16

titioner determines may testify as to17

(I) the conduct of the petitioner18

since the date of the offense; or19

(II) the reasons that the20

expungement order should be entered.21

(B) HEARING.22

(i) IN GENERAL.Not later than 623

months after the date on which a person24

files an expungement petition, the court25



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S 2567 IS

shall conduct a hearing to determine1

whether to enter an expungement order for2

the person.3

(ii) OPPORTUNITY TO TESTIFY AND4

OFFER EVIDENCE.5

(I) PETITIONER.The peti-6

tioner may testify or offer evidence at7

the expungement hearing in support8

of expungement.9

(II) PROSECUTOR.The Attor-10

ney General may send a representa-11

tive to testify or offer evidence at the12

expungement hearing in support of or13

against expungement.14

(III) VICTIMS.15

(aa) IN GENERAL.A vic-16

tim who receives notice under17

subparagraph (A)(ii) may testify18

or offer evidence at the19

expungement hearing in support20

of or against expungement.21

(bb) LOCATING VICTIMS.22

The inability of a court to locate23

a victim shall not delay a pro-24

ceeding under this subsection,25



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S 2567 IS

preclude the holding of an1

expungement hearing, or pre-2

clude the issuance of an3

expungement order.4

(IV) OTHER INDIVIDUALS.An5

individual who receives notice under6

subparagraph (A)(iii) may testify or7

offer evidence at the expungement8

hearing as to the issues described in9

subclauses (I) and (II) of that para-10

graph.11

(C) BASIS FOR DECISION.In conducting12

a hearing under subparagraph (B), the court13

shall determine whether to grant the14

expungement petition after considering15

(i) the evidence and testimony pre-16

sented by the Attorney General and any17

victims at the hearing;18

(ii) the best interests of the peti-19

tioner;20

(iii) the age of the petitioner during21

his or her contact with the court or any22

law enforcement agency;23

(iv) the nature of the juvenile non-24

violent offense;25



44/69

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S 2567 IS

(v) the disposition of the case;1

(vi) the manner in which the peti-2

tioner participated in any court-ordered re-3

habilitative programming or supervised4

services;5

(vii) the length of the time period6

during which the petitioner has been with-7

out contact with any court or any law en-8

forcement agency;9

(viii) whether the petitioner has had10

any criminal or juvenile delinquency in-11

volvement since the disposition of the juve-12

nile delinquency proceeding; and13

(ix) the adverse consequences the pe-14

titioner may suffer if the petition is not15

granted.16

(D) WAITING PERIOD AFTER DENIAL.If17

the court denies an expungement petition, the18

petitioner may not file a new expungement peti-19

tion with respect to the same offense until the20

date that is 2 years after the date of the denial.21

(E) UNIVERSAL FORM.The Attorney22

General shall create a universal form, available23

over the Internet and in paper form, that an in-24



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S 2567 IS

dividual may use to file an expungement peti-1

tion.2

(F) NO FEE FOR EXPUNGEMENT.There3

shall be no cost for filing an expungement peti-4

tion.5

(G) REPORTING.Not later than 2 years6

after the date of enactment of this section, and7

each year thereafter, each district court of the8

United States shall issue a public report that9

(i) describes10

(I) the number of expungement11

petitions granted and denied under12

this subsection; and13

(II) the number of instances in14

which the Attorney General supported15

or opposed an expungement petition;16

and17

(ii) includes any supporting data18

that the court determines relevant and that19

does not name any petitioner.20

(H) PUBLIC DEFENDER ELIGIBILITY.21

(i) PETITIONERS UNDER AGE 18.22

The district court shall appoint counsel in23

accordance with the plan of the district24

court in operation under section 3006A to25



46/69

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S 2567 IS

represent a petitioner for purposes of this1

subsection if the petitioner is less than 182

years of age.3

(ii) PETITIONERS AGE 18 AND4

OLDER.5

(I) DISCRETION OF COURT.In6

the case of a petitioner who not less7

than 18 years of age, the district8

court may, in its discretion, appoint9

counsel in accordance with the plan of10

the district court in operation under11

section 3006A to represent the peti-12

tioner for purposes of this subsection.13

(II) CONSIDERATIONS.In de-14

termining whether to appoint counsel15

under subclause (I), the court shall16

consider17

(aa) the anticipated com-18

plexity of the expungement hear-19

ing, including the number and20

type of witnesses called to advo-21

cate against the expungement of22

the records of the petitioner; and23

(bb) the potential for ad-24

verse testimony by a victim or a25



47/69

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S 2567 IS

representative of the Attorney1

General.2

(c) EFFECT OF EXPUNGED JUVENILE RECORD.3

(1) IN GENERAL.Except as provided in this4

subsection, if a court orders the expungement of a5

juvenile record under subsection (a) or (b) with re-6

spect to a juvenile nonviolent offense7

(A) the offense and any arrest, juvenile8

delinquency proceeding, adjudication, or other9

result of such proceeding relating to the offense10

shall be treated as if it never occurred; and11

(B) the person to whom the record per-12

tains shall not be required to disclose the exist-13

ence of the record.14

(2) VERIFICATION OF EXPUNGEMENT.If a15

court orders the expungement of a juvenile record16

under subsection (a) or (b) with respect to a juvenile17

nonviolent offense, the court shall18

(A) send a copy of the expungement order19

to each entity or person that possesses a record20

relating to the offense, including each law en-21

forcement agency, each public or private correc-22

tional, detention, or treatment facility, each23

other public or private agency, and each person24

who provided treatment or rehabilitation serv-25



48/69

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S 2567 IS

ices for the petitioner under an order of the1

court;2

(B) in the expungement order, require3

each entity or person described in paragraph4

(1) to5

(i) destroy the record; and6

(ii) submit a written certification to7

the court, under penalty of perjury, that8

the entity or person has destroyed each9

paper and electronic copy of the record;10

(C) destroy each paper and electronic11

copy of the record in the possession of the12

court; and13

(D) after receiving a written certification14

from each entity or person under paragraph15

(2)(B), notify the petitioner that each entity or16

person described in paragraph (1) has de-17

stroyed each paper and electronic copy of the18

record.19

(3) REPLY TO INQUIRIES.In the case of an20

inquiry relating to a juvenile record of a person that21

is expunged under this section, the court in which22

the proceeding took place, each law enforcement offi-23

cer, any agency that provided treatment or rehabili-24

tation services to the person, and the person (except25



49/69

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S 2567 IS

as provided in paragraph (6)) shall reply to the in-1

quiry that no such juvenile record exists.2

(4) PROTECTION FROM PERJURY LAWS.Ex-3

cept as provided in paragraph (5), if a juvenile4

record of a person is expunged under this section,5

the person who is the subject of the record or a par-6

ent of the person shall not be subject to prosecution7

under any civil or criminal provision of Federal or8

State law relating to perjury, false swearing, or9

making a false statement, including section 1001,10

1621, 1622, or 1623, for failing to acknowledge the11

record or respond to any inquiry made of the person12

or the parent, relating to the record, for any pur-13

pose.14

(5) CIVIL ACTIONS.15

(A) IN GENERAL.If a person whose ju-16

venile record is expunged under this section17

brings an action that might be defended with18

the contents of the record, there shall be a re-19

buttable presumption that the defendant has a20

complete defense to the action.21

(B) SHOWING BY PLAINTIFF.In an ac-22

tion described in subparagraph (A), the plaintiff23

may rebut the presumption of a complete de-24

fense by showing that the contents of the ex-25



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S 2567 IS

(1) IN GENERAL.Chapter 403 of title 18,1

United States Code, as amended by subsection (d),2

is amended by adding at the end the following:3

5045. Juvenile solitary confinement4

(a) DEFINITIONS.In this section5

(1) the term juvenile detention facility means6

any facility to which juveniles are committed, wheth-7

er pursuant to an adjudication of delinquency under8

this subchapter or conviction for an offense; and9

(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 a17

temporary response to the behavior of a juvenile that18

poses a serious and immediate risk of physical harm19

to the juvenile or others is prohibited.20

(2) JUVENILES POSING RISK OF HARM TO21

OTHERS OR TO SELF AND OTHERS.22

(A) REQUIREMENT TO USE LEAST RE-23

STRICTIVE TECHNIQUES.24



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S 2567 IS

(i) IN GENERAL.Before an em-1

ployee of a juvenile detention facility places2

a juvenile in room confinement, the em-3

ployee shall attempt to use less restrictive4

techniques, including5

(I) talking with the juvenile to6

de-escalate the situation; and7

(II) when possible, bringing in8

other employees, qualified mental9

health professionals, or other juveniles10

to talk with the juvenile.11

(ii) EXPLANATION.Before an em-12

ployee of a juvenile facility places a juve-13

nile in room confinement, or immediately14

after doing so, the employee shall explain15

to the juvenile16

(I) the reasons for the room17

confinement; and18

(II) the fact that the juvenile19

will be released from room confine-20

ment upon regaining self-control.21

(B) 3-HOUR MAXIMUM.Except as pro-22

vided in paragraph (3), if a juvenile is placed23

in room confinement because the juvenile poses24

a serious and immediate risk of physical harm25



53/69

53

S 2567 IS

to others or to the juvenile and others, the juve-1

nile shall not remain in room confinement for2

more than 3 hours.3

(C) RELEASE.As soon as a juvenile4

placed in room confinement under subpara-5

graph (A) is sufficiently under control so as to6

no longer pose a serious and immediate risk of7

physical harm to the juvenile or others, the ju-8

venile shall be released from room confinement.9

(D) SPIRIT AND PURPOSE.The use of10

consecutive periods of room confinement to11

evade the spirit and purpose of this subsection12

shall be prohibited.13

(E) CONDITIONS.A room used for room14

confinement for a juvenile shall15

(i) have not less than 80 square feet16

of floor space;17

(ii) have adequate lighting, heating18

or cooling (as applicable), and ventilation19

for the comfort of the juvenile;20

(iii) be suicide-resistant and protru-21

sion-free; and22

(iv) have reasonable access to water,23

toilet facilities, and hygiene supplies.24



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S 2567 IS

(F) ACCESS TO SERVICES.A juvenile1

placed in room confinement shall2

(i) have access to appropriate med-3

ical and psychological services; and4

(ii) receive crisis intervention and5

one-on-one observation.6

(G) RISK OF HARM AFTER 3 HOURS.If,7

after 3 hours of room confinement, a juvenile8

continues to pose a serious and immediate risk9

of physical harm to others or to the juvenile10

and others11

(i) the juvenile shall be transferred12

to another juvenile detention facility or in-13

ternal location where services can be pro-14

vided to the juvenile without relying on15

room confinement; or16

(ii) if the juvenile cannot be trans-17

ferred to another juvenile detention facility18

or internal location in accordance with19

clause (i), an employee of the juvenile de-20

tention facility shall initiate a referral to a21

mental health facility that can meet the22

needs of the juvenile.23

(3) JUVENILES POSING RISK OF HARM TO24

SELF.25



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S 2567 IS

(A) IN GENERAL.A juvenile may be1

placed in room confinement to protect the juve-2

nile from a serious and immediate risk of phys-3

ical harm that the juvenile poses to himself or4

herself.5

(B) RELEASE.A juvenile placed in room6

confinement under subparagraph (A) shall be7

released8

(i) immediately when the juvenile no9

longer poses a serious and immediate risk10

of physical harm to himself or herself; and11

(ii) not later than 30 minutes after12

being placed in room confinement.13

(C) EXPLANATION.Before placing a ju-14

venile in room confinement under subparagraph15

(A) or immediately after doing so, an employee16

of a juvenile detention facility shall explain to17

the juvenile18

(i) the reasons for the room confine-19

ment; and20

(ii) the fact that the juvenile will be21

released within 30 minutes.22

(c) STUDY AND REPORT.Not later than 2 years23

after the date of enactment of this section, and each year24



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S 2567 IS

thereafter, the Attorney General shall submit to Congress1

a report that2

(1) contains a detailed description of the type3

of physical force, restraints, and room confinement4

used at juvenile detention facilities; and5

(2) describes the number of instances physical6

force, restraints, or room confinement are used at7

juvenile detention facilities, disaggregated by race,8

ethnicity, and gender..9

(2) TECHNICAL AND CONFORMING AMEND-10

MENT.The table of sections for chapter 403 of11

title 18, United States Code, as amended by sub-12

section (d), is amended by adding at the end the fol-13

lowing:14

5045. Juvenile solitary confinement..

SEC. 4. STUDY AND REPORT ON COST SAVINGS FROM SEAL-15

ING AND EXPUNGEMENT PROVISIONS.16

(a) STUDY.17

(1) IN GENERAL.Not later than 5 years after18

the date of enactment of this Act, the Attorney Gen-19

eral, in consultation with the Secretary of Labor and20

the Director of the Office of Management and Budg-21

et, shall conduct a study on the cost savings and22

broader economic impact of the sealing and23

expungement provisions in the amendments made by24

sections 2, 3, and 6 of this Act.25



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(2) CONSIDERATIONS.In conducting the study1

under paragraph (1), the Attorney General shall2

consider3

(A) the reduction in recidivism and associ-4

ated cost savings related to corrections and5

public safety;6

(B) increased economic activity by former7

offenders, including by conducting an analysis8

of the tax revenue generated by that activity;9

and10

(C) the economic impact on the household11

of former offenders and the children of former12

offenders.13

(b) REPORT.Not later than 5 years after the date14

of enactment of this Act, the Attorney General shall sub-15

mit to Congress a report on the study conducted under16

subsection (a).17

SEC. 5. TANF ASSISTANCE AND SNAP BENEFITS.18

(a) AMENDMENT TO BAN ON ASSISTANCE.Section19

115 of the Personal Responsibility and Work Opportunity20

Reconciliation Act of 1996 (21 U.S.C. 862a) is amend-21

ed22

(1) in subsection (a)23



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(A) by redesignating paragraphs (1) and1

(2) as subparagraphs (A) and (B), respectively,2

and adjusting the margins accordingly;3

(B) in the matter preceding subparagraph4

(A), as redesignated5

(i) by striking An individual and in-6

serting the following:7

(1) DENIAL OF ASSISTANCE AND BENEFITS.8

Except as provided in paragraph (2), an individual;9

and10

(ii) by striking possession, use, or;11

and12

(C) by adding at the end the following:13

(2) EXCEPTION FOR INDIVIDUALS WHO RE-14

CEIVE TREATMENT AND OTHER INDIVIDUALS.The15

prohibition under paragraph (1) shall not apply to16

an individual convicted of an offense described in17

paragraph (1) who18

(A) has committed an offense that the19

court in which the individual is convicted (re-20

ferred to in this paragraph as the court) deter-21

mines is rationally related to a substance abuse22

disorder;23

(B)(i) is on a waiting list for, is accepted24

for, successfully participates in, or has satisfac-25



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torily completed a substance abuse treatment1

program approved by the court; or2

(ii) has been determined by the court to3

not need substance abuse treatment; and4

(C) complies with all obligations imposed5

by the court.;6

(2) in subsection (d), by striking the date of7

the enactment of this Act each place that term ap-8

pears and inserting the date of enactment of the9

Record Expungement Designed to Enhance Employ-10

ment Act of 2014; and11

(3) in subsection (f), by striking paragraph (5)12

and inserting the following:13

(5) Employment services, including job train-14

ing programs and any other employment services15

that are funded using assistance or benefits referred16

to in subsection (a)..17

(b) EFFECT ON STATE ELECTIONS TO OPT OUT OR18

LIMIT PERIOD OF PROHIBITION.19

(1) DEFINITION.In this subsection, the term20

TANF assistance or SNAP benefits means assist-21

ance or benefits referred to in section 115(a) of the22

Personal Responsibility and Work Opportunity Rec-23

onciliation Act of 1996 (21 U.S.C. 862a(a)).24



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(2) EFFECT.A law enacted by a State under1

the authority under subparagraph (A) or (B) of sub-2

section (d)(1) of section 115 of the Personal Respon-3

sibility and Work Opportunity Reconciliation Act of4

1996 (21 U.S.C. 862a) (as in effect on the day be-5

fore the date of enactment of this Act), and any6

State law or regulation enacted to carry out the re-7

quirements of such section (as in effect on the day8

before the date of enactment of this Act), that im-9

poses conditions on eligibility for TANF assistance10

or SNAP benefits that are more restrictive than the11

conditions on eligibility for TANF assistance or12

SNAP benefits under such section as amended by13

subsection (a) shall have no force or effect.14

SEC. 6. STATE INCENTIVES.15

(a) COPS GRANTS PRIORITY.Section 1701(c) of16

the Omnibus Crime Control and Safe Streets Act of 196817

(42 U.S.C. 3796dd(c)) is amended18

(1) by striking In and inserting the following:19

(1) IN GENERAL.In;20

(2) by striking where feasible and all that fol-21

lows, and inserting the following: where feasible, to22

an application23

(A) for hiring and rehiring additional ca-24

reer law enforcement officers that involves a25



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non-Federal contribution exceeding the 25 per-1

cent minimum under subsection (g); or2

(B) from an applicant in a State that has3

in effect4

(i) a law relating to the confiden-5

tiality, sealing, and expungement of juve-6

nile records that is substantially similar to,7

or more generous to the former offender8

than, the amendments made by subsections9

(b) through (d) of section 3 of the Record10

Expungement Designed to Enhance Em-11

ployment Act of 2014;12

(ii) a law prohibiting juvenile solitary13

confinement that is substantially similar14

to, or more restrictive than, the amend-15

ment made by subsection (e) of section 316

of the Record Expungement Designed to17

Enhance Employment Act of 2014;18

(iii) a law relating to the sealing of19

adult records that is substantially similar20

to, or more generous to the former of-21

fender than, the amendments made by sec-22

tion 2 of the Record Expungement De-23

signed to Enhance Employment Act of24

2014;25



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(iv) subject to paragraph (2), a law1

that establishes that an adult criminal2

court may not have original jurisdiction3

over an individual who was less than 184

years of age when the individual committed5

an offense;6

(v) a law that allows an individual7

who has successfully sealed or expunged a8

criminal record to be free from civil and9

criminal perjury laws; or10

(vi) a law relating to the eligibility of11

individuals for assistance or benefits re-12

ferred to in subsection (a) of section 11513

of the Personal Responsibility and Work14

Opportunity Reconciliation Act of 199615

(21 U.S.C. 862a(a)) that is no more re-16

strictive than such section, as amended by17

section 5 of the Record Expungement De-18

signed to Enhance Employment Act of19

2014.; and20

(3) by adding at the end the following:21

(2) JUVENILE TRANSFER PROVISIONS.Para-22

graph (1)(B)(iv) shall not be construed to preclude23

from preferential consideration an application from24

an applicant in a State that25



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(A) has in effect a law that authorizes the1

transfer of an individual who is less than 182

years of age to adult criminal court if the indi-3

vidual commits a specified offense or an offense4

that falls under a specified category of offenses;5

or6

(B) exercises other case-specific transfer7

mechanisms.8

(3) DEGREE OF PRIORITY COMMENSURATE9

WITH DEGREE OF COMPLIANCE.If the Attorney10

General, in awarding grants under this part, gives11

preferential consideration to any application as au-12

thorized under paragraph (1)(B), the Attorney Gen-13

eral shall base the degree of preferential consider-14

ation given to an application from an applicant in a15

particular State on the number of clauses under16

paragraph (1)(B) that the State has satisfied, rel-17

ative to the number of such clauses that each other18

State has satisfied..19

(b) ATTORNEY GENERAL GUIDELINES AND TECH-20

NICAL ASSISTANCE.The Attorney General shall issue21

guidelines and provide technical assistance to assist States22

in complying with the incentive under section23

1701(c)(1)(B) of the Omnibus Crime Control and Safe24



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Streets Act of 1968 (42 U.S.C. 3796dd(c)(1)(B)), as1

added by subsection (a).2

SEC. 7. ENSURING ACCURACY IN THE FBI BACKGROUND3

CHECK SYSTEM.4

(a) IN GENERAL.Section 534 of title 28, United5

States Code, is amended by adding at the end the fol-6

lowing:7

(g) ENSURING ACCURACY IN THE FBI BACK-8

GROUND CHECK SYSTEM.9

(1) DEFINITIONS.In this subsection10

(A) the term applicant means the indi-11

vidual to whom a record sought to be exchanged12

pertains;13

(B) the term incomplete, with respect to14

a record, means the record15

(i) indicates that an individual was16

arrested but does not describe the offense17

for which the individual was arrested; or18

(ii) indicates that an individual was19

arrested or criminal proceedings were insti-20

tuted against an individual but does not21

include the final disposition of the arrest22

or of the proceedings if a final disposition23

has been reached;24



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(C) the term record means a record or1

other information collected under this section;2

(D) the term reporting jurisdiction3

means any person or entity that provides a4

record to the Attorney General under this sec-5

tion; and6

(E) the term requesting entity7

(i) means a person or entity that8

seeks the exchange of a record for civil9

purposes that include employment, hous-10

ing, credit, or any other type of applica-11

tion; and12

(ii) does not include a law enforce-13

ment or intelligence agency that seeks the14

exchange of a record for15

(I) investigative purposes; or16

(II) purposes relating to17

(aa) law enforcement em-18

ployment; or19

(bb) employment that re-20

quires a government security21

clearance.22

(2) PERIODIC REVIEW AND UPDATE OF23

RECORDS.Not later than 1 year after the date of24

enactment of the Record Expungement Designed to25



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Enhance Employment Act of 2014, and every 21

years thereafter, the Attorney General shall2

(A) review each record for completeness3

and accuracy; and4

(B) to the extent feasible, update or cor-5

rect each incomplete or inaccurate record.6

(3) INCOMPLETE OR INACCURATE RECORDS.7

If the Attorney General determines under paragraph8

(2)(A) that a record is incomplete or inaccurate, the9

Attorney General10

(A) shall notify each relevant reporting11

jurisdiction that the record is incomplete or in-12

accurate; and13

(B) may not exchange the record with a14

requesting entity until the Attorney General up-15

dates or corrects the record..16

(b) REPORT.Not later than 2 years after the date17

of enactment of this Act, the Attorney General shall sub-18

mit to Congress a report on the implementation of section19

534(g) of title 28, United States Code, as added by sub-20

section (a), that includes21

(1) the number of exchanges of records or in-22

formation for employment-related purposes made23

with entities in each State through the records sys-24



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tem created under section 534 of title 28, United1

States Code;2

(2) appropriate statistical information to deter-3

mine whether the exchange of records or information4

about arrests that did not result in convictions is af-5

fecting the employment opportunities of employees6

to whom those records or information pertain;7

(3) any prolonged failure of a reporting juris-8

diction to comply with a request by the Attorney9

General for information about dispositions of ar-10

rests; and11

(4) the numbers of successful and unsuccessful12

challenges to the accuracy and completeness of13

records or information, by State where the records14

and information originated.15

SEC. 8. REPORT ON STATUTORY AND REGULATORY RE-16

STRICTIONS AND DISQUALIFICATIONS BASED17

ON CRIMINAL RECORDS.18

(a) IN GENERAL.Not later than 2 years after the19

date of enactment of this Act, the Attorney General, in20

consultation with the Secretary of Labor and the Director21

of the Office of Personnel Management, shall submit to22

Congress a report on each Federal statute, regulation, or23

policy that authorizes a restriction on, or disqualification24



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of, an applicant for employment or for a Federal license1

or permit based on the criminal record of the applicant.2

(b) IDENTIFICATION OF INFORMATION.In the re-3

port submitted under subsection (a), the Attorney General4

shall5

(1) identify each occupation, position, license,6

or permit to which a restriction or disqualification7

described in subsection (a) applies; and8

(2) for each occupation, position, license, or9

permit identified under paragraph (1), include10

(A) a description of the restriction or dis-11

qualification;12

(B) the duration of the restriction or dis-13

qualification;14

(C) an evaluation of the rationale for the15

restriction or disqualification and its continuing16

usefulness;17

(D) the procedures, if any, to appeal, waive18

or exempt the restriction or disqualification19

based on a showing of rehabilitation or other20

relevant evidence;21

(E) any information available about the22

numbers of individuals restricted or disqualified23

on the basis of a criminal record; and24



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(F) the identity of the Federal agency with1

jurisdiction over the restriction or disqualifica-2

tion.3

redeem act

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