Sec. 2. Sealing of criminal records
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Chapter 229 of title 18, United States Code, is amended by adding at the end the following: Sec. 3631. Definitions; eligible individuals. 3632. Sealing petition. 3633. Effect of sealing order. In this subchapter— the term covered nonviolent offense means a Federal criminal offense that is not— a crime of violence (as that term is defined in section 16); 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 eligible individual means an individual who— has been arrested for or convicted of a covered nonviolent offense; in the case of a conviction described in subparagraph (A), has fulfilled each requirement of the sentence for the covered nonviolent offense, including— completing each term of imprisonment, probation, or supervised release; and satisfying each condition of imprisonment, probation, or supervised release; subject to subsection (b), has not been convicted of more than 2 felonies that are covered nonviolent offenses, including any such convictions that have been sealed; and has not been convicted of any felony that is not a covered nonviolent offense; the term petitioner means an individual who files a sealing petition; the term protected information , with respect to a covered nonviolent offense, means any reference to— an arrest, conviction, or sentence of an individual for the offense; the institution of criminal proceedings against an individual for the offense; or the result of criminal proceedings described in subparagraph (B); 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 3633, including— the right to treat the offense to which a sealed record relates, and any arrest, criminal proceeding, conviction, or sentence relating to the offense, as if it never occurred; and 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); and the term sealing petition means a petition for a sealing order filed under section 3632(a).
For purposes of subsection (a)(2)(C)— multiple convictions shall be deemed to be 1 conviction if the convictions result from or relate to— the same act; or acts committed at the same time; and subject to paragraph (2), multiple convictions, not to exceed 3, that do not result from or relate to the same act or acts committed at the same time shall be deemed to be 1 conviction if the convictions— result from or relate to— the same— indictment, information, or complaint; plea of guilty; or official proceeding; or related criminal acts that were committed within a 3-month period; or are determined to be directly related to addiction or a substance use disorder.
A court reviewing a sealing petition may determine that it is not in the public interest to deem multiple convictions described in paragraph (1)(B) to be 1 conviction. If a court makes a determination under subparagraph (A), the court shall make available to the public the reasoning for the determination. Not later than 2 years after the date of enactment of this subchapter, and each year thereafter, each district court of the United States shall submit to the appropriate committees of Congress a report that describes the exercise of discretion by the court under subparagraph (B), with all relevant data disaggregated by race, ethnicity, gender, and the nature of the offense.
On and after the date described in paragraph (2), an eligible individual may file a petition for a sealing order with respect to a covered nonviolent offense in a district court of the United States. The date described in this paragraph is— for an eligible individual who is convicted of a covered nonviolent offense and sentenced to a term of imprisonment, probation, or supervised release, the date that is 1 year after the date on which the eligible individual has completed every such term of imprisonment, probation, or supervised release; and for an eligible individual not described in subparagraph (A), the date on which the case relating to the covered nonviolent offense is disposed of.
If an individual is convicted of a covered nonviolent offense and will potentially be eligible to file a sealing petition with respect to the offense upon fulfilling each requirement of the sentence for the offense as described in section 3631(a)(2)(B), the court in which the individual is convicted shall, in writing, inform the individual, on each date described in clause (ii), of— that potential eligibility; the necessary procedures for filing the sealing petition; and the benefits of sealing a record, including protection from civil and criminal perjury, false swearing, and false statement laws with respect to the record.
The dates described in this clause are— the date on which the individual is convicted; and the date on which the individual has completed every term of imprisonment, probation, or supervised release relating to the offense. If an individual is arrested for a covered nonviolent offense, criminal proceedings are not instituted against the individual for the offense, and the individual is potentially eligible to file a sealing petition with respect to the offense, on the date on which the case relating to the offense is disposed of, the arresting authority shall, in writing, inform the individual of— that potential eligibility; the necessary procedures for filing the sealing petition; and the benefits of sealing a record, including protection from civil and criminal perjury, false swearing, and false statement laws with respect to the record.
If an individual is arrested for a covered nonviolent offense, criminal proceedings are instituted against the individual for the offense, the individual is not convicted of the offense, and the individual is potentially eligible to file a sealing petition with respect to the offense, on the date on which the case relating to the offense is disposed of, the court in which the criminal proceedings take place shall, in writing, inform the individual of— that potential eligibility; the necessary procedures for filing the sealing petition; and the benefits of sealing a record, including protection from civil and criminal perjury, false swearing, and false statement laws with respect to the record.
If an individual files a petition under subsection
(a)with respect to a covered nonviolent offense or arrest for a covered nonviolent offense, the district court in which the petition is filed shall provide notice of the petition— to the office of the United States attorney that prosecuted or would have prosecuted the petitioner for 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 arrest; or reasons that the sealing order should be entered. Not later than 180 days after the date on which an individual files a sealing petition, the district court shall— except as provided in subparagraph (D), conduct a hearing in accordance with subparagraph (B); and determine whether to enter a sealing order for the individual in accordance with paragraph (3). The petitioner may testify or offer evidence at the sealing hearing in support of sealing. The office of a United States attorney that receives notice under paragraph (1)(A) may send a representative to testify or offer evidence at the sealing hearing in support of or against sealing. An individual who receives notice under paragraph (1)(B) may testify or offer evidence at the sealing hearing as to the issues described in clauses
(i)and
(ii)of that paragraph. A magistrate judge may preside over a hearing under this paragraph. If the petitioner and the United States attorney that receives notice under paragraph (1)(A) so agree, the court shall make a determination under paragraph
(3)without a hearing. In determining whether to enter a sealing order with respect to protected information relating to a covered nonviolent offense, the court— shall consider— the petition and any documents in the possession of the court; and all the evidence and testimony presented at the sealing hearing, if such a hearing is conducted; may not consider any non-Federal nonviolent crimes for which the petitioner has been arrested or proceeded against, or of which the petitioner has been convicted; and shall balance— the interest of public knowledge and safety; and the legitimate interest, if any, of the Government in maintaining the accessibility of the protected information, including any potential impact of sealing the protected information on Federal licensure, permit, or employment restrictions; against the conduct and demonstrated desire of the petitioner to be rehabilitated and positively contribute to the community; and the interest of the petitioner in having the protected information sealed, including the harm of the protected information to the ability of the petitioner to secure and maintain employment. The burden shall be on the Government to show that the interests under subclause
(I)of subparagraph (A)(iii) outweigh the interests of the petitioner under subclause
(II)of that subparagraph. If the district court denies a sealing petition, the petitioner may not file a new sealing petition with respect to the same offense until the date that is 2 years after the date of the denial. 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. The Director of the Administrative Office of the United States Courts shall by regulation establish a minimally burdensome process under which indigent petitioners may obtain a waiver of any fee for filing a sealing petition. Not later than 2 years after the date of enactment of this subchapter, and each year thereafter, each district court of the United States shall issue a public report that— describes— the number of sealing petitions granted and denied under this section; and the number of instances in which the office of a United States attorney supported or opposed a sealing petition; includes any supporting data that the court 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 may, in its discretion, appoint counsel in accordance with the plan of the district court in operation under section 3006A to represent a petitioner for purposes of this section. In making a determination whether to appoint counsel under subparagraph (A), 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 protected information of the petitioner; and the potential for adverse testimony by a victim or a representative of the office of the United States attorney. Except as provided in this section, if a district court of the United States enters a sealing order with respect to a covered nonviolent offense, the offense and any arrest, criminal proceeding, conviction, or sentence relating to the offense shall be treated as if it never occurred. If a district court of the United States enters a sealing order with respect to a covered 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 containing protected information that relates 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 paragraph
(1)to— seal the record in accordance with this section; 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 subsection (f)(3)(A), a petitioner with respect to whom a sealing order has been entered for a covered nonviolent offense shall not be subject to prosecution under any civil or criminal provision of Federal or State law relating to perjury, false swearing, or making a false statement, including section 1001, 1621, 1622, or 1623, for failing to recite or acknowledge any protected information with respect to the offense or respond to any inquiry made of the petitioner, relating to the protected information, for any purpose. The Attorney General— shall maintain a nonpublic record of all protected information that has been sealed under this subchapter; and may access or use protected information only— for legitimate investigative purposes; in defense of any civil suit arising out of the facts of the arrest or subsequent proceedings; or if the Attorney General determines that disclosure is necessary to serve the interests of justice, public safety, or national security. A Federal or State law enforcement agency may access a record that is sealed under this subchapter solely— to determine whether the individual to whom the record relates is eligible for a first-time-offender diversion program; for investigatory, prosecutorial, or Federal supervision purposes; or for a background check that relates to law enforcement employment or any employment that requires a government security clearance. Except as provided in paragraph (3), it shall be unlawful to intentionally make or attempt to make an unauthorized disclosure of any protected information from a record that has been sealed under this subchapter. Any person who violates paragraph
(1)shall be fined under this title, imprisoned for not more than 1 year, or both. An individual who is the subject of a record sealed under this subchapter shall, and a Federal or State law enforcement agency that possesses such a record may, disclose the record in the case of a background check for— law enforcement employment; or any position that a Federal agency designates as a— national security position; or high-risk, public trust position. A person may disclose protected information from a record sealed under this subchapter to the Secretaries of the military departments (or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy) for the purpose of vetting an enlistment or commission, or with regard to any member of the Armed Forces. A prosecutor may disclose protected information from a record sealed under this subchapter if the information pertains to a potential witness in a Federal or State— criminal proceeding; or juvenile delinquency proceeding. An individual who is the subject of a record sealed under this subchapter may choose to disclose the record. . The right to file a sealing petition under section 3632(a) of title 18, United States Code, as added by subsection (a), shall apply with respect to a covered nonviolent offense (as defined in section 3631(a) of such title) that is committed or alleged to have been committed before, on, or after the date of enactment of this Act. During the 1-year period beginning on the date of enactment of this Act, section 3632(b)(2)(A) of title 18, United States Code, as added by subsection (a), shall be applied by substituting 1 year for 180 days . The table of subchapters for chapter 229 of title 18, United States Code, is amended by adding at the end the following: D. Sealing of Criminal Records 3631 .
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Sealing of criminal records
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