Sec. 7. Expungement of certain offenses
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/bill/119/hr/3614/ih/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An eligible incarcerated firefighter may file a petition under this section for expungement. If extenuating circumstances prevent an incarcerated firefighter from fulfilling the requirements of their sentence, as required under subsection (i)(1), the court, in its discretion, may waive a portion of such requirement and determine the incarcerated firefighter is an eligible incarcerated firefighter. A petition for expungement may be filed only in the court in which the eligible incarcerated firefighter was convicted of the offense for which expungement is sought.
The clerk of the court shall serve that petition on the United States attorney for that district. Except as provided under paragraph (5), not later than 60 days after service of such petition, the United States attorney may submit recommendations to the court and provide a copy of those recommendations to the firefighter. The court shall appoint counsel upon the request of an indigent eligible incarcerated firefighter to represent the firefighter in proceedings under this section, including the preparation of a petition or subsequent petition under this section.
The eligible incarcerated firefighter and the U.S. attorney, as noted under paragraph (1), may file with the court evidence relating to the petition. In making a decision on the petition, the court shall consider all evidence and weigh the interests of the eligible incarcerated firefighter, the best interests of justice, and public safety. If the court denies the petition, the petitioner may not file another such petition under paragraph
(1)until the date that is 2 years after the date of such denial. Except as provided in subparagraph (B), the court shall grant the petition of an eligible incarcerated firefighter who files the petition on a date that is not earlier than the date that is 7 years after the date on which the petitioner has fulfilled the requirements of the sentence, as described in subsection (i)(1). The United States Attorney may not submit recommendations under paragraph
(1)with regard to that petition. Except as provided in subparagraph (B), the court may grant the petition of an eligible incarcerated firefighter who files the petition on a date that is not earlier than the date that is 1 year after the date on which the petitioner has fulfilled the requirements of the sentence, as described in subsection (i)(1). Not later than 7 days after granting an expungement petition, in order to facilitate the timely update of relevant records, the court shall send a copy of the petition and final order to— the Attorney General of the United States; the chief law enforcement officer of the State in which the crime was committed; the chief law enforcement officer of the State in which the eligible incarcerated firefighter resides; any local law enforcement agency that serves the jurisdiction in which the crime was committed; and any local law enforcement agency that serves the jurisdiction in which the eligible incarcerated firefighter resides. An order granting expungement under this section shall restore the eligible incarcerated firefighter concerned, in the contemplation of the law, to the status such individual occupied before the arrest or institution of criminal proceedings for the offense that was the subject of the expungement. In determining an appropriate sentence for unrelated subsequent criminal conduct, a court of the United States shall not consider an expunged criminal conviction for the purposes of determining the appropriate sentencing range pursuant to the United States Sentencing Guidelines, or to sentence a person outside of that sentencing range. An eligible incarcerated firefighter whose petition under this section is granted shall not be required to divulge information pertaining to the offense with regard to which expungement was granted, nor shall such firefighter be held under any provision of law guilty of perjury, false answering, or making a false statement by reason of the failure of the firefighter to recite or acknowledge such arrest or institution of criminal proceedings, or results thereof, in response to an inquiry made of the firefighter for any purpose. The fact that such firefigher has been convicted of the offense concerned shall not operate as a disqualification of such individual to pursue or engage in any lawful activity, occupation, or profession. Except as provided under subsection (f), on the grant of a petition under this section, the following shall be expunged: Any official record relating to the arrest of the eligible incarcerated firefighter, the institution of criminal proceedings against the firefighter, or the results thereof including conviction for the offense with regard to which expungement is sought. Any reference in any official record to the arrest of the eligible incarcerated firefighter, the institution of criminal proceedings against the firefighter, or the results thereof including conviction for the offense with regard to which expungement is sought. The Attorney General may make rules providing for exceptions to paragraph
(4)as the Attorney General determines necessary to serve the interests of justice and public safety. The Attorney General shall retain an unaltered nonpublic copy of— any record that is expunged; and any record containing a reference that is expunged. The Attorney General shall maintain a nonpublic index of the records described under paragraph
(1)containing, for each such record, only the name of, and alphanumeric identifiers that relate to, the eligible incarcerated firefighter who is the subject of such record, the word expunged , and the name of the person, agency, office, or department that has custody of the expunged record, and shall not name the offense committed. The index shall be made available only to an entity to which records may be made available under paragraph
(4)or to any Federal or State law enforcement agency that has custody of such records. The court shall retain an unaltered nonpublic copy of— any record that is expunged; and any record containing a reference that is expunged. Except as provided in subparagraph (B), any record described in paragraph
(1)pertaining to an individual may be made available only— to the eligible incarcerated firefighter; to a Federal or State court or Federal, State, or local law enforcement agency, in the case of a criminal investigation or prosecution of an individual or in conducting a background check on an individual who has applied for employment by such court or agency; or to a Federal or State court or Federal, State, or local law enforcement agency for the exclusive purpose of maintaining accurate official records. On application of the eligible incarcerated firefighter, the record may be available to an individual identified in the firefighter’s application. Whoever intentionally makes or attempts to make a disclosure, other than a disclosure authorized under subsection (f), of any record or reference that is expunged under this section, shall be fined under title 18, United States Code, imprisoned not more than one year, or both. The amendments made by this section shall apply to individuals convicted of an offense before, on, or after the date of the enactment of this Act. In this section— The term eligible incarcerated firefighter means an incarcerated firefighter convicted of an offense who has fulfilled the requirements of the sentence of the court in which the firefighter was convicted, including— paying, or consistently fulfilling obligations of a payment plan for, all applicable fines, restitutions, or assessments; completion of any term of imprisonment or period of probation; meeting all conditions of supervised release; and if so required by the terms of the sentence, remaining free from dependency on or abuse of alcohol or a controlled substance for a period of not less than 1 year. The term incarcerated firefighter shall have the meaning given such term in section 3(z) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(z) ).
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Sec. 7
Expungement of certain offenses
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