Sec. 210. 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; 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 high-risk, public trust position means a position designated as a public trust position under section 731.106(b) of title 5, Code of Federal Regulations, or any successor regulation; the term juvenile means— except as provided in subparagraph (B), a person who has not attained the age of 18 years; 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 years; the term juvenile delinquency means the violation of a law of the United States committed by a person before attaining the age of 18 years 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— in the case of an arrest or an adjudication that is dismissed or finds the juvenile to be not delinquent, an act of juvenile delinquency that is not— a criminal homicide, forcible rape or any other sex offense (as defined in section 111 of the Sex Offender Registration and Notification Act ( 34 U.S.C. 20911 )), kidnapping, aggravated assault, robbery, burglary of an occupied structure, arson, or a drug trafficking crime in which a firearm was used; or a Federal crime of terrorism (as defined in section 2332b(g)); and in the case of an adjudication that finds the juvenile to be delinquent, an act of juvenile delinquency that is not— described in clause
(i)or
(ii)of subparagraph (A); or a misdemeanor crime of domestic violence (as defined in section 921(a)(33)); 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; 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; and a law enforcement record, including a photograph or a State criminal justice information system record; and does not include— fingerprints; or a DNA sample; 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 as otherwise provided under section 5043; and to physically seal the record shut and label the record SEALED or, in the case of an electronic record, the substantive equivalent; the term sealing hearing means a hearing held under section 5043(b)(2)(B); 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, in writing, inform the person of the sealing and the benefits of sealing 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 unless the person— has been convicted of a crime or adjudicated delinquent for an act of juvenile delinquency since the date of the disposition; or is engaged in active criminal court proceedings or juvenile delinquency proceedings. If a person is adjudicated delinquent for a juvenile nonviolent offense, the court in which the person is adjudicated delinquent shall, in writing, inform the person of the potential eligibility of the person to file a sealing petition with respect to the offense upon completing every term of probation, official detention, or juvenile delinquent supervision ordered by the court with respect to the offense, and the necessary procedures for filing the sealing petition— on the date on which the individual is adjudicated 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; 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. If a person files a sealing petition, the court shall— except as provided in clause (iii), conduct a hearing in accordance with clause (ii); and determine whether to enter a sealing order for the person in accordance with subparagraph (C). 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. An individual who receives notice under subparagraph (A)(ii) may testify or offer evidence at the sealing hearing as to the issues described in subclauses
(I)and
(II)of that subparagraph. If the petitioner and the Attorney General so agree, the court shall make a determination under subparagraph
(C)without a hearing. The court shall determine whether to grant the sealing petition after considering— the sealing petition and any documents in the possession of the court; all the evidence and testimony presented at the sealing hearing, if such a hearing is conducted; 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 Director of the Administrative Office of the United States Courts shall create a universal form, available over the Internet and in paper form, that an individual may use to file a sealing petition. If the court determines that the petitioner is indigent, 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, the Director of the Administrative Office of the United States Courts 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; includes any supporting data that the Director determines relevant and that does not name any petitioner; and disaggregates all relevant data by race, ethnicity, gender, and the nature of the offense. 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 is 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 paragraphs
(3)and (4), if a court orders the sealing of a juvenile record of a person under subsection
(a)or
(b)with respect to a juvenile nonviolent offense, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events the records of which are ordered sealed. 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 known to the court that possesses a record relating to the offense, including each— law enforcement agency; and public or private correctional or detention facility; in the sealing order, require each entity or person described in subparagraph
(A)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 subparagraph (B)(ii), notify the petitioner that each entity or person described in subparagraph
(A)has sealed each paper and electronic copy of the record. Except as provided in subparagraph (B), a law enforcement agency may access a sealed juvenile record in the possession of the agency or another law enforcement agency solely— to determine whether the person who is the subject of the record is a nonviolent offender eligible for a first-time-offender diversion program; for investigatory or prosecutorial purposes; or for a background check that relates to— law enforcement employment; or any position that a Federal agency designates as a— national security position; or high-risk, public trust position. During the 1-year period beginning on the date on which a court orders the sealing of a juvenile record under this section, a law enforcement agency may, for law enforcement purposes, access the record if it is in the possession of the agency or another law enforcement agency. 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. In the case of a background check for law enforcement employment or for any employment that requires a government security clearance— a person who is the subject of a juvenile record sealed under this section shall disclose the contents of the record; and a law enforcement agency that possesses a juvenile record sealed under this section— may disclose the contents of the record; and if the agency obtains or is subject to a court order authorizing disclosure of the record, may disclose the record. A person, including a law enforcement agency that possesses a juvenile record sealed under this section, may disclose information from a juvenile record sealed under this section 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 prosecutor or other law enforcement officer may disclose information from a juvenile record sealed under this section, and a person who is the subject of a juvenile record sealed under this section may be required to testify or otherwise disclose information about the record, in a criminal or other proceeding if such disclosure is required by the Constitution of the United States, the constitution of a State, or a Federal or State statute or rule. A person who is the subject of a juvenile record sealed under this section may choose to disclose the record. If, after the date on which a person files a sealing petition with respect to a juvenile offense and before the court determines whether to grant the petition, the person is convicted of a crime, adjudicated delinquent for an act of juvenile delinquency, or engaged in active criminal court proceedings or juvenile delinquency proceedings, the court shall deny the petition. If, on or after the date on which a court orders the sealing of a juvenile record of a person under subsection (b), the person is convicted of a crime or adjudicated delinquent for an act of juvenile delinquency— the court shall— vacate the order; and notify the person who is the subject of the juvenile record, and each entity or person described in subsection (c)(2)(A), that the order has been vacated; and the record shall no longer be sealed. For purposes of subparagraphs
(A)and
(B)of subsection (a)(1), clauses
(i)and
(ii)of subsection (b)(1)(A), subsection (b)(1)(C)(ix), and paragraphs
(1)and
(2)of subsection (d), the term juvenile delinquency includes the violation of a law of a State committed by a person before attaining the age of 18 years which would have been a crime if committed by an adult. If a person is adjudicated delinquent under this chapter for a juvenile nonviolent offense committed before the person attained 15 years of age and completes every term of probation, official detention, or juvenile delinquent supervision ordered by the court with respect to the offense before attaining 18 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 by a Federal law enforcement agency for a juvenile nonviolent offense for which a juvenile delinquency proceeding is not instituted under this chapter, and for which the United States does not proceed against the juvenile as an adult in a district court of the United States, 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 a juvenile nonviolent 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 chapter or finds a juvenile not to be delinquent in a juvenile delinquency proceeding under this chapter, 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, in writing, inform the person of the expungement and the benefits of expunging the record. A person who is adjudicated 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 unless the person— has been convicted of a crime or adjudicated delinquent for an act of juvenile delinquency since the date of the disposition; is engaged in active criminal court proceedings or juvenile delinquency proceedings; or has had not less than 2 adjudications of delinquency previously expunged under this section. 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; 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. If a person files an expungement petition, the court shall— except as provided in clause (iii), conduct a hearing in accordance with clause (ii); and determine whether to enter an expungement order for the person in accordance with subparagraph (C). 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. An individual who receives notice under subparagraph (A)(ii) may testify or offer evidence at the expungement hearing as to the issues described in subclauses
(I)and
(II)of that subparagraph. If the petitioner and the Attorney General so agree, the court shall make a determination under subparagraph
(C)without a hearing. The court shall determine whether to grant an expungement petition after considering— the petition and any documents in the possession of the court; all the evidence and testimony presented at the expungement hearing, if such a hearing is conducted; 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 Director of the Administrative Office of the United States Courts shall create a universal form, available over the Internet and in paper form, that an individual may use to file an expungement petition. If the court determines that the petitioner is indigent, 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, the Director of the Administrative Office of the United States Courts 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; includes any supporting data that the Director determines relevant and that does not name any petitioner; and disaggregates all relevant data by race, ethnicity, gender, and the nature of the offense. 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 is 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 paragraphs
(4)through (8), if a court orders the expungement of a juvenile record of a person under subsection
(a)or
(b)with respect to a juvenile nonviolent offense, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events the records of which are ordered expunged. 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 known to the court that possesses a record relating to the offense, including each— law enforcement agency; and public or private correctional or detention facility; in the expungement order— require each entity or person described in subparagraph
(A)to— seal the record for 1 year and, during that 1-year period, apply paragraphs
(3)and
(4)of section 5043(c) with respect to the record; on the date that is 1 year after the date of the order, destroy the record unless a subsequent incident described in subsection (d)(2) occurs; 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; and explain that if a subsequent incident described in subsection (d)(2) occurs, the order shall be vacated and the record shall no longer be sealed; on the date that is 1 year after the date of the order, destroy each paper and electronic copy of the record in the possession of the court unless a subsequent incident described in subsection (d)(2) occurs; and after receiving a written certification from each entity or person under subparagraph (B)(i)(III), notify the petitioner that each entity or person described in subparagraph
(A)has destroyed each paper and electronic copy of the record. On and after the date that is 1 year after the date on which a court orders the expungement of a juvenile record of a person under this section, in the case of an inquiry relating to the juvenile record, the court, each law enforcement officer, any agency that provided treatment or rehabilitation services to the person, and the person (except as provided in paragraphs
(4)through (8)) shall reply to the inquiry that no such juvenile record exists. On and after the date on which a court orders the expungement of a juvenile record of a person under this section, if the person brings an action against a law enforcement agency that arrested, or participated in the arrest of, the person for the offense to which the record relates, or against the State or political subdivision of a State of which the law enforcement agency is an agency, in which the contents of the record are relevant to the resolution of the issues presented in the action, 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 held 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. On and after the date that is 1 year after the date on which a court orders the expungement of a juvenile record under this section, a prosecutor or other law enforcement officer may disclose underlying information from the juvenile record, and the person who is the subject of the juvenile record may be required to testify or otherwise disclose information about the record, in a criminal or other proceeding if such disclosure is required by the Constitution of the United States, the constitution of a State, or a Federal or State statute or rule. On and after the date that is 1 year after the date on which a court orders the expungement of a juvenile record under this section, in the case of a background check for law enforcement employment or for any employment that requires a government security clearance, the person who is the subject of the juvenile record may be required to disclose underlying information from the record. On and after the date that is 1 year after the date on which a court orders the expungement of a juvenile record under this section, a person, including a law enforcement agency that possessed such a juvenile record, may be required to disclose underlying information from the 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 expunged under this section may choose to disclose the record. During the 1-year period beginning on the date on which a court orders the expungement of a juvenile record under this section, paragraphs
(3)and
(4)of section 5043(c) shall apply with respect to the record as if the record had been sealed under that section. If, after the date on which a person files an expungement petition with respect to a juvenile offense and before the court determines whether to grant the petition, the person is convicted of a crime, adjudicated delinquent for an act of juvenile delinquency, or engaged in active criminal court proceedings or juvenile delinquency proceedings, the court shall deny the petition. If, on or after the date on which a court orders the expungement of a juvenile record of a person under subsection (b), the person is convicted of a crime, adjudicated delinquent for an act of juvenile delinquency, or engaged in active criminal court proceedings or juvenile delinquency proceedings— the court that ordered the expungement shall— vacate the order; and notify the person who is the subject of the juvenile record, and each entity or person described in subsection (c)(2)(A), that the order has been vacated; and the record— shall not be expunged; or if the record has been expunged because 1 year has elapsed since the date of the expungement order, shall not be treated as having been expunged. For purposes of subparagraphs (A), (B), and (C)(ix) of subsection (b)(1) and paragraphs
(1)and
(2)of subsection (d), the term juvenile delinquency includes the violation of a law of a State committed by a person before attaining the age of 18 years which would have been a crime if committed by an adult. . 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. . Sections 5043 and 5044 of title 18, United States Code, as added by paragraph (1), shall apply with respect to a juvenile nonviolent offense (as defined in section 5031 of such title, as amended by subsection (b)) that is committed or alleged to have been committed before, on, or after the date of enactment of this Act. Nothing in the amendments made by this section shall be construed to authorize the sealing or expungement of a record of a criminal conviction of a juvenile who was proceeded against as an adult in a district court of the United States.
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Sec. 210
Juvenile sealing and expungement
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