Sec. 3. Juvenile sealing and expungement
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The purpose of this section is to— protect children and adults against damage stemming from their juvenile acts and subsequent juvenile delinquency records, including law enforcement, arrest, and court records; and prevent the unauthorized use or disclosure of confidential juvenile delinquency records and any potential employment, financial, psychological, or other harm that would result from such unauthorized use or disclosure. Section 5031 of title 18, United States Code, is amended to read as follows:
In this chapter— the term adjudication means a determination by a judge that a person committed an act of juvenile delinquency; the term conviction means a judgment or disposition in criminal court against a person following a finding of guilt by a judge or jury; the term destroy means to render a file unreadable, whether paper, electronic, or otherwise stored, by shredding, pulverizing, pulping, incinerating, overwriting, reformatting the media, or other means; the term expunge — means to destroy a record and obliterate the name of the person to whom the record pertains from each official index or public record; and has the effect described in section 5044(c), including— the right to treat an offense to which an expunged record relates, and any arrest, juvenile delinquency proceeding, adjudication, or other result of such proceeding relating to the offense, as if it never occurred; and protection from civil and criminal perjury, false swearing, and false statement laws with respect to an expunged record; the term expungement hearing means a hearing held under section 5044(b)(2)(B); the term expungement petition means a petition for expungement filed under section 5044(b); the term juvenile means— except as provided in subparagraph (B), a person who has not attained the age of 18; and for the purpose of proceedings and disposition under this chapter for an alleged act of juvenile delinquency, a person who has not attained the age of 21; the term juvenile delinquency means the violation of a law of the United States committed by a person before attaining the age of 18 which would have been a crime if committed by an adult, or a violation by such a person of section 922(x); the term juvenile nonviolent offense means an act of juvenile delinquency that is not— a violent crime (as defined in section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5603 )); or a sex offense (as that term is defined in section 111 of the Sex Offender Registration and Notification Act ( 42 U.S.C. 16911 )); the term juvenile record — 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 includes— a juvenile legal file, including a formal document such as a petition, notice, motion, legal memorandum, order, or decree; a social record, including— a record of a probation officer; a record of any government agency that keeps records relating to juvenile delinquency; a medical record; a psychiatric or psychological record; a birth certificate; an education record, including an individualized education plan; a detention record; demographic information that identifies a juvenile or the family of a juvenile; or any other record that includes personally identifiable information that may be associated with a juvenile delinquency proceeding, an act of juvenile delinquency, or an alleged act of juvenile delinquency; a law enforcement record, including— fingerprints; a DNA sample; or a photograph; and a State criminal justice information system record; the term petitioner means a person who files an expungement petition or a sealing petition; the term seal — means— to close a record from public viewing so that the record cannot be examined except by court order; and to physically seal the record shut and label the record SEALED or, in the case of an electronic record, the substantive equivalent; and has the effect described in section 5043(c), including— the right to treat an offense to which a sealed record relates, and any arrest, juvenile delinquency proceeding, adjudication, or other result of such proceeding relating to the offense, as if it never occurred; and protection from civil and criminal perjury, false swearing, and false statement laws with respect to a sealed record; the term sealing hearing means a hearing held under section 3632(b)(2)(A); and the term sealing petition means a petition for a sealing order filed under section 5043(b). .
Section 5038 of title 18, United States Code, is amended— in subsection (a), in the flush text following paragraph (6), by inserting after bonding, the following: participation in an educational system, ; and in subsection (b), by striking District courts exercising jurisdiction over any juvenile and inserting the following: Not later than 7 days after the date on which a district court exercises jurisdiction over a juvenile, the district court . Chapter 403 of title 18, United States Code, is amended by adding at the end the following:
Three years after the date on which a person who is adjudicated delinquent under this chapter for a juvenile nonviolent offense completes every term of probation, official detention, or juvenile delinquent supervision ordered by the court with respect to the offense, the court shall order the sealing of each juvenile record or portion thereof that relates to the offense if the person— has not been convicted of a crime or adjudicated delinquent for an act of juvenile delinquency since the date of the disposition; and is not engaged in active criminal court proceedings or juvenile delinquency proceedings.
The order of sealing under paragraph
(1)shall require no action by the person whose juvenile records are to be sealed. A court that orders the sealing of a juvenile record of a person under paragraph
(1)shall inform the person of the sealing and the benefits of sealing the record, including protection from civil and criminal perjury, false swearing, and false statement laws with respect to the record. During the 3-year period beginning on the date on which a person who is adjudicated delinquent under this chapter for a juvenile nonviolent offense completes every term of probation, official detention, or juvenile delinquent supervision ordered by the court with respect to the offense, the person may petition the court to seal the juvenile records that relate to the offense. If a person is adjudged delinquent for a juvenile nonviolent offense, the court in which the person is adjudged delinquent shall inform the person of the potential eligibility of the person to file a sealing petition with respect to the offense upon completing every term of probation, official detention, or juvenile delinquent supervision ordered by the court with respect to the offense, and the necessary procedures for filing the sealing petition— on the date on which the individual is adjudged delinquent; and on the date on which the individual has completed every term of probation, official detention, or juvenile delinquent supervision ordered by the court with respect to the offense. If a person files a sealing petition with respect to a juvenile nonviolent offense, the court in which the petition is filed shall provide notice of the petition— to the Attorney General; to the extent reasonable and practicable, to each victim of the offense; and upon the request of the petitioner, to any other individual that the petitioner determines may testify as to— the conduct of the petitioner since the date of the offense; or the reasons that the sealing order should be entered. Not later than 6 months after the date on which a person files a sealing petition, the court shall conduct a hearing to determine whether to enter a sealing order for the person. The petitioner may testify or offer evidence at the sealing hearing in support of sealing. The Attorney General may send a representative to testify or offer evidence at the sealing hearing in support of or against sealing. A victim who receives notice under subparagraph (A)(ii) may testify or offer evidence at the sealing hearing in support of or against sealing. The inability of a court to locate a victim shall not delay a proceeding under this subsection, preclude the holding of a sealing hearing, or preclude the issuance of a sealing order. An individual who receives notice under subparagraph (A)(iii) may testify or offer evidence at the sealing hearing as to the issues described in subclauses
(I)and
(II)of that paragraph. In conducting the hearing under subparagraph (B), the court shall determine whether to grant the sealing petition after considering— the evidence and testimony presented by the Attorney General and any victims at the hearing; the best interests of the petitioner; the age of the petitioner during his or her contact with the court or any law enforcement agency; the nature of the juvenile nonviolent offense; the disposition of the case; the manner in which the petitioner participated in any court-ordered rehabilitative programming or supervised services; the length of the time period during which the petitioner has been without contact with any court or law enforcement agency; whether the petitioner has had any criminal or juvenile delinquency involvement since the disposition of the juvenile delinquency proceeding; and the adverse consequences the petitioner may suffer if the petition is not granted. If the court denies a sealing petition, the petitioner may not file a new sealing petition with respect to the same juvenile nonviolent offense until the date that is 2 years after the date of the denial. The Attorney General shall create a universal form, available over the Internet and in paper form, that an individual may use to file a sealing petition. There shall be no cost for filing a sealing petition. Not later than 2 years after the date of enactment of this section, and each year thereafter, each district court of the United States shall issue a public report that— describes— the number of sealing petitions granted and denied under this subsection; and the number of instances in which the Attorney General supported or opposed a sealing petition; and includes any supporting data that the court determines relevant and that does not name any petitioner. The district court shall appoint counsel in accordance with the plan of the district court in operation under section 3006A to represent a petitioner for purposes of this subsection if the petitioner is less than 18 years of age. In the case of a petitioner who not less than 18 years of age, the district court may, in its discretion, appoint counsel in accordance with the plan of the district court in operation under section 3006A to represent the petitioner for purposes of this subsection. In determining whether to appoint counsel under subclause (I), the court shall consider— the anticipated complexity of the sealing hearing, including the number and type of witnesses called to advocate against the sealing of the records of the petitioner; and the potential for adverse testimony by a victim or a representative of the Attorney General. Except as provided in this subsection, if a court orders the sealing of a juvenile record under subsection
(a)or
(b)with respect to a juvenile nonviolent offense, the offense and any arrest, juvenile delinquency proceeding, adjudication, or other result of such proceeding relating to the offense shall be treated as if it never occurred. If a court orders the sealing of a juvenile record under subsection
(a)or
(b)with respect to a juvenile nonviolent offense, the court shall— send a copy of the sealing order to each entity or person that possesses a record relating to the offense, including each law enforcement agency, each public or private correctional, detention, or treatment facility, each other public or private agency, and each person who provided treatment or rehabilitation services for the petitioner under an order of the court; in the sealing order, require each entity or person described in paragraph
(1)to— seal the record; and 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; seal each paper and electronic copy of the record in the possession of the court; and after receiving a written certification from each entity or person under paragraph (2)(B), notify the petitioner that each entity or person described in paragraph
(1)has sealed each paper and electronic copy of the record. Except as provided in paragraph (5)(C)(i), the person who is the subject of a juvenile record sealed under subsection
(a)or
(b)or a parent of the person shall not be subject to prosecution under any civil or criminal provision of Federal or State law relating to perjury, false swearing, or making a false statement, including section 1001, 1621, 1622, or 1623, for failing to acknowledge the record or respond to any inquiry made of the person or the parent, relating to the record, for any purpose. A law enforcement agency may access a sealed juvenile record of a person solely— to determine whether the person is eligible for a first-time-offender diversion program; for investigatory or prosecutorial purposes within the juvenile justice system; or for a background check that relates to— law enforcement employment; or any employment that requires a government security clearance. Except as provided in subparagraph (C), it shall be unlawful to intentionally make or attempt to make an unauthorized disclosure of any information from a sealed juvenile record in violation of this section. Any person who violates subparagraph
(A)shall be fined under this title, imprisoned for not more than 1 year, or both. A person who is the subject of a juvenile record sealed under this section shall, and a Federal or State law enforcement agency that possesses such a record may, disclose the record in the case of a background check for— law enforcement employment; or any employment that requires a government security clearance. A person may disclose information from a sealed juvenile record to the Secretaries of the military departments (or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy) for the purpose of vetting an enlistment or commission, or with regard to any member of the Armed Forces. A person who is the subject of a juvenile record sealed under this section may choose to disclose the record. If a person is adjudicated delinquent under this chapter for a juvenile nonviolent offense committed before the person attained 15 years of age, on the date on which the person attains 18 years of age, the Attorney General shall file a motion in the district court of the United States in which the person was adjudicated delinquent requesting that each juvenile record of the person that relates to the offense be expunged. If a juvenile is arrested for an offense for which a juvenile delinquency proceeding is not instituted under this subchapter, the Attorney General shall file a motion in the district court of the United States that would have had jurisdiction of the proceeding requesting that each juvenile record relating to the arrest be expunged. Upon the filing of a motion in a district court of the United States with respect to a juvenile nonviolent offense under subparagraph
(A)or an arrest for an offense under subparagraph (B), the court shall grant the motion and order that each juvenile record relating to the offense or arrest, as applicable, be expunged. If a district court of the United States dismisses an information with respect to a juvenile under this subchapter or finds a juvenile not to be delinquent in a juvenile delinquency proceeding under this subchapter, the court shall concurrently order that each juvenile record relating to the applicable proceeding be expunged. An order of expungement under paragraph (1)(C) or
(2)shall not require any action by the person whose records are to be expunged. A court that orders the expungement of a juvenile record of a person under paragraph (1)(C) or
(2)shall inform the person of the expungement and the benefits of expunging the record, including protection from civil and criminal perjury, false swearing, and false statement laws with respect to the record. A person who is adjudged delinquent under this chapter for a juvenile nonviolent offense committed on or after the date on which the person attained 15 years of age may petition the court in which the proceeding took place to order the expungement of the juvenile record that relates to the offense. If a person files an expungement petition with respect to a juvenile nonviolent offense, the court in which the petition is filed shall provide notice of the petition— to the Attorney General; to the extent reasonable and practicable, to each victim of the offense; and upon the request of the petitioner, to any other individual that the petitioner determines may testify as to— the conduct of the petitioner since the date of the offense; or the reasons that the expungement order should be entered. Not later than 6 months after the date on which a person files an expungement petition, the court shall conduct a hearing to determine whether to enter an expungement order for the person. The petitioner may testify or offer evidence at the expungement hearing in support of expungement. The Attorney General may send a representative to testify or offer evidence at the expungement hearing in support of or against expungement. A victim who receives notice under subparagraph (A)(ii) may testify or offer evidence at the expungement hearing in support of or against expungement. The inability of a court to locate a victim shall not delay a proceeding under this subsection, preclude the holding of an expungement hearing, or preclude the issuance of an expungement order. An individual who receives notice under subparagraph (A)(iii) may testify or offer evidence at the expungement hearing as to the issues described in subclauses
(I)and
(II)of that paragraph. In conducting a hearing under subparagraph (B), the court shall determine whether to grant the expungement petition after considering— the evidence and testimony presented by the Attorney General and any victims at the hearing; the best interests of the petitioner; the age of the petitioner during his or her contact with the court or any law enforcement agency; the nature of the juvenile nonviolent offense; the disposition of the case; the manner in which the petitioner participated in any court-ordered rehabilitative programming or supervised services; the length of the time period during which the petitioner has been without contact with any court or any law enforcement agency; whether the petitioner has had any criminal or juvenile delinquency involvement since the disposition of the juvenile delinquency proceeding; and the adverse consequences the petitioner may suffer if the petition is not granted. If the court denies an expungement petition, the petitioner may not file a new expungement petition with respect to the same offense until the date that is 2 years after the date of the denial. The Attorney General shall create a universal form, available over the Internet and in paper form, that an individual may use to file an expungement petition. There shall be no cost for filing an expungement petition. Not later than 2 years after the date of enactment of this section, and each year thereafter, each district court of the United States shall issue a public report that— describes— the number of expungement petitions granted and denied under this subsection; and the number of instances in which the Attorney General supported or opposed an expungement petition; and includes any supporting data that the court determines relevant and that does not name any petitioner. The district court shall appoint counsel in accordance with the plan of the district court in operation under section 3006A to represent a petitioner for purposes of this subsection if the petitioner is less than 18 years of age. In the case of a petitioner who not less than 18 years of age, the district court may, in its discretion, appoint counsel in accordance with the plan of the district court in operation under section 3006A to represent the petitioner for purposes of this subsection. In determining whether to appoint counsel under subclause (I), the court shall consider— the anticipated complexity of the expungement hearing, including the number and type of witnesses called to advocate against the expungement of the records of the petitioner; and the potential for adverse testimony by a victim or a representative of the Attorney General. Except as provided in this subsection, if a court orders the expungement of a juvenile record under subsection
(a)or
(b)with respect to a juvenile nonviolent offense— the offense and any arrest, juvenile delinquency proceeding, adjudication, or other result of such proceeding relating to the offense shall be treated as if it never occurred; and the person to whom the record pertains shall not be required to disclose the existence of the record. If a court orders the expungement of a juvenile record under subsection
(a)or
(b)with respect to a juvenile nonviolent offense, the court shall— send a copy of the expungement order to each entity or person that possesses a record relating to the offense, including each law enforcement agency, each public or private correctional, detention, or treatment facility, each other public or private agency, and each person who provided treatment or rehabilitation services for the petitioner under an order of the court; in the expungement order, require each entity or person described in paragraph
(1)to— destroy the record; and submit a written certification to the court, under penalty of perjury, that the entity or person has destroyed each paper and electronic copy of the record; destroy each paper and electronic copy of the record in the possession of the court; and after receiving a written certification from each entity or person under paragraph (2)(B), notify the petitioner that each entity or person described in paragraph
(1)has destroyed each paper and electronic copy of the record. In the case of an inquiry relating to a juvenile record of a person that is expunged under this section, the court in which the proceeding took place, each law enforcement officer, any agency that provided treatment or rehabilitation services to the person, and the person (except as provided in paragraph (6)) shall reply to the inquiry that no such juvenile record exists. Except as provided in paragraph (5), if a juvenile record of a person is expunged under this section, the person who is the subject of the record or a parent of the person shall not be subject to prosecution under any civil or criminal provision of Federal or State law relating to perjury, false swearing, or making a false statement, including section 1001, 1621, 1622, or 1623, for failing to acknowledge the record or respond to any inquiry made of the person or the parent, relating to the record, for any purpose. If a person whose juvenile record is expunged under this section brings an action that might be defended with the contents of the record, there shall be a rebuttable presumption that the defendant has a complete defense to the action. In an action described in subparagraph (A), the plaintiff may rebut the presumption of a complete defense by showing that the contents of the expunged record would not prevent the defendant from being liable. The court in which an action described in subparagraph
(A)is filed may require the plaintiff to state under oath whether the plaintiff had a juvenile record and whether the record was expunged. If the plaintiff in an action described in subparagraph
(A)denies the existence of a juvenile record, the defendant may prove the existence of the record in any manner compatible with the applicable laws of evidence. A person who is the subject of a juvenile record expunged under this section may choose to disclose the record. . The table of sections for chapter 403 of title 18, United States Code, is amended by adding at the end the following: 5043. Sealing. 5044. Expungement. . Chapter 403 of title 18, United States Code, as amended by subsection (d), is amended by adding at the end the following: In this section— the term juvenile detention facility means any facility to which juveniles are committed, whether pursuant to an adjudication of delinquency under this subchapter or conviction for an offense; and the term room confinement means the involuntary restriction of a juvenile alone in a cell, room, or other area for any reason. The use of room confinement at a juvenile detention facility for discipline, punishment, retaliation, staffing shortages, administrative convenience, or any reason other than as a temporary response to the behavior of a juvenile that poses a serious and immediate risk of physical harm to the juvenile or others is prohibited. Before an employee of a juvenile detention facility places a juvenile in room confinement, the employee shall attempt to use less restrictive techniques, including— talking with the juvenile to de-escalate the situation; and when possible, bringing in other employees, qualified mental health professionals, or other juveniles to talk with the juvenile. Before an employee of a juvenile facility places a juvenile in room confinement, or immediately after doing so, the employee shall explain to the juvenile— the reasons for the room confinement; and the fact that the juvenile will be released from room confinement upon regaining self-control. Except as provided in paragraph (3), if a juvenile is placed in room confinement because the juvenile poses a serious and immediate risk of physical harm to others or to the juvenile and others, the juvenile shall not remain in room confinement for more than 3 hours. As soon as a juvenile placed in room confinement under subparagraph
(A)is sufficiently under control so as to no longer pose a serious and immediate risk of physical harm to the juvenile or others, the juvenile shall be released from room confinement. The use of consecutive periods of room confinement to evade the spirit and purpose of this subsection shall be prohibited. A room used for room confinement for a juvenile shall— have not less than 80 square feet of floor space; have adequate lighting, heating or cooling (as applicable), and ventilation for the comfort of the juvenile; be suicide-resistant and protrusion-free; and have reasonable access to water, toilet facilities, and hygiene supplies. A juvenile placed in room confinement shall— have access to appropriate medical and psychological services; and receive crisis intervention and one-on-one observation. If, after 3 hours of room confinement, a juvenile continues to pose a serious and immediate risk of physical harm to others or to the juvenile and others— the juvenile shall be transferred to another juvenile detention facility or internal location where services can be provided to the juvenile without relying on room confinement; or if the juvenile cannot be transferred to another juvenile detention facility or internal location in accordance with clause (i), an employee of the juvenile detention facility shall initiate a referral to a mental health facility that can meet the needs of the juvenile. A juvenile may be placed in room confinement to protect the juvenile from a serious and immediate risk of physical harm that the juvenile poses to himself or herself. A juvenile placed in room confinement under subparagraph
(A)shall be released— immediately when the juvenile no longer poses a serious and immediate risk of physical harm to himself or herself; and not later than 30 minutes after being placed in room confinement. Before placing a juvenile in room confinement under subparagraph
(A)or immediately after doing so, an employee of a juvenile detention facility shall explain to the juvenile— the reasons for the room confinement; and the fact that the juvenile will be released within 30 minutes. Not later than 2 years after the date of enactment of this section, and each year thereafter, the Attorney General shall submit to Congress a report that— contains a detailed description of the type of physical force, restraints, and room confinement used at juvenile detention facilities; and describes the number of instances physical force, restraints, or room confinement are used at juvenile detention facilities, disaggregated by race, ethnicity, and gender. . The table of sections for chapter 403 of title 18, United States Code, as amended by subsection (d), is amended by adding at the end the following: 5045. Juvenile solitary confinement. .
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