,i #aacth ,,congress #b;d ,session ,h4 ,r4 #eaeh ,,in ,,the ,,house ,,of ,,representatives ,july #ah1 #bjad ,mr4 ,fattah 7for himself and ,mr4 ,wolf7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,agriculture and ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide for the sealing or expungement of records relating to ,federal nonviolent criminal offenses1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,record ,expungement ,designed to ,enhance ,employment ,act of #bjad or the ,,redeem ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,sealing of criminal records4 ,sec4 #c4 ,juvenile sealing and expungement4 ,sec4 #d4 ,study and report on cost savings from sealing and expungement provisions4 ,sec4 #e4 ,,tanf assistance and ,,snap benefits4 ,sec4 #f4 ,state incentives4 ,sec4 #g4 ,ensuring accuracy in the ,,fbi background check system4 ,sec4 #h4 ,report on statutory and regulatory restrictions and disqualifications based on criminal records4 #b4 ,sealing of criminal records 7a7 ,in general ,chapter #bbi of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 ,d ,sealing of criminal records ,sec4 #cfca4 ,definitions2 eligible individuals4 #cfcb4 ,sealing petition4 #cfcc4 ,effect of sealing order4 #cfca4 ,definitions2 eligible individuals 7a7 ,definitions ,in this subchapter-- 7#a7 the term covered nonviolent offense means a ,federal criminal offense that is not-- 7,a7 a crime of violence 7as that term is defined in section #af72 or 7,b7 a sex offense 7as that term is defined in section #aaa of the ,sex ,offender ,registration and ,notification ,act 7#db ,u4,s4,c4 #afiaa772 7#b7 the term eligible individual means an individual who-- 7,a7 has been arrested for or convicted of a covered nonviolent offense2 7,b7 in the case of a conviction described in subparagraph 7,a71 has fulfilled each requirement of the sentence for the covered nonviolent offense1 including-- 7i7 completing each term of imprisonment1 probation1 or supervised release2 and 7ii7 satisfying each condition of imprisonment1 probation1 or supervised release2 7,c7 subject to subsection 7b71 has not been convicted of more than #b felonies that are covered nonviolent offenses1 including any such convictions that have been sealed2 and 7,d7 has not been convicted of any felony that is not a covered nonviolent offense2 7#c7 the term petitioner means an individual who files a sealing petition2 7#d7 the term protected information1 with respect to a covered nonviolent offense1 means any reference to-- 7,a7 an arrest1 conviction1 or sentence of an individual for the offense2 7,b7 the institution of criminal proceedings against an individual for the offense2 or 7,c7 the result of criminal proceedings described in subparagraph 7,b72 7#e7 the term seal-- 7,a7 means-- 7i7 to close a record from public viewing so that the record cannot be examined except by court order2 and 7ii7 to physically seal the record shut and label the record ,,sealed or1 in the case of an electronic record1 the substantive equivalent2 and 7,b7 has the effect described in section #cfcc1 including-- 7i7 the right to treat the offense to which a sealed record relates1 and any arrest1 criminal proceeding1 conviction1 or sentence relating to the offense1 as if it never occurred2 and 7ii7 protection from civil and criminal perjury1 false swearing1 and false statement laws with respect to a sealed record2 7#f7 the term sealing hearing means a hearing held under section #cfcb7;b77#b72 and 7#g7 the term sealing petition means a petition for a sealing order filed under section #cfcb7;a74 7b7 ,eligible individuals 7#a7 ,multiple convictions deemed to be one conviction ,for purposes of subsection 7a77#b77;,c7-- 7,a7 multiple convictions shall be deemed to be #a conviction if the convictions result from or relate to-- 7i7 the same act2 or 7ii7 acts committed at the same time2 and 7,b7 subject to paragraph 7#b71 multiple convictions1 not to exceed #c1 that do not result from or relate to the same act or acts committed at the same time shall be deemed to be #a conviction if the convictions-- 7i7 result from or relate to-- 7,i7 the same-- 7aa7 indictment1 information1 or complaint2 7bb7 plea of guilty2 or 7cc7 official proceeding2 or 7,,ii7 related criminal acts that were committed within a #c-month period2 or 7ii7 are determined to be directly related to addiction or a substance use disorder4 7#b7 ,discretion of court 7,a7 ,in general ,a court reviewing a sealing petition may determine that it is not in the public interest to deem multiple convictions described in paragraph 7#a77;,b7 to be #a conviction4 7,b7 ,reasoning ,if a court makes a determination under subparagraph 7,a71 the court shall make available to the public the reasoning for the determination4 7,c7 ,reporting ,not later than #b years after the date of enactment of this subchapter1 and each year thereafter1 each district court of the ,united ,states shall submit to the ,attorney ,general a report that describes the exercise of discretion by the court under subparagraph 7,b74 #cfcb4 ,sealing petition 7a7 ,right ,to file sealing petition 7#a7 ,in general ,on and after the date described in paragraph 7#b71 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 ,states4 7#b7 ,dates ,the date described in this paragraph is-- 7,a7 for an eligible individual who is convicted of a covered nonviolent offense and sentenced to a term of imprisonment1 probation1 or supervised release1 the date that is #a year after the date on which the eligible individual has completed every such term of imprisonment1 probation1 or supervised release2 and 7,b7 for an eligible individual not described in subparagraph 7,a71 the date on which the case relating to the covered nonviolent offense is disposed of4 7#c7 ,notice of opportunity to file petition 7,a7 ,convicted individuals 7i7 ,in general ,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 #cfca7;a77#b77;,b71 the court in which the individual is convicted shall inform the individual1 on each date described in clause 7ii71 of-- 7,i7 that potential eligibility2 7,,ii7 the necessary procedures for filing the sealing petition2 and 7,,iii7 the benefits of sealing a record1 including protection from civil and criminal perjury1 false swearing1 and false statement laws with respect to the record4 7ii7 ,dates ,the dates described in this clause are-- 7,i7 the date on which the individual is convicted2 and 7,,ii7 the date on which the individual has completed every term of imprisonment1 probation1 or supervised release relating to the offense4 7,b7 ,individuals not convicted 7i7 ,arrest only ,if an individual is arrested for a covered nonviolent offense1 criminal proceedings are not instituted against the individual for the offense1 and the individual is potentially eligible to file a sealing petition with respect to the offense1 on the date on which the case relating to the offense is disposed of1 the arresting authority shall inform the individual of-- 7,i7 that potential eligibility2 7,,ii7 the necessary procedures for filing the sealing petition2 and 7,,iii7 the benefits of sealing a record1 including protection from civil and criminal perjury1 false swearing1 and false statement laws with respect to the record4 7ii7 ,court proceedings ,if an individual is arrested for a covered nonviolent offense1 criminal proceedings are instituted against the individual for the offense1 the individual is not convicted of the offense1 and the individual is potentially eligible to file a sealing petition with respect to the offense1 on the date on which the case relating to the offense is disposed of1 the court in which the criminal proceedings take place shall inform the individual of-- 7,i7 that potential eligibility2 7,,ii7 the necessary procedures for filing the sealing petition2 and 7,,iii7 the benefits of sealing a record1 including protection from civil and criminal perjury1 false swearing1 and false statement laws with respect to the record4 7b7 ,procedures 7#a7 ,notification of prosecutor and victims ,if an individual files a petition under subsection 7a7 with respect to a covered nonviolent offense or arrest for a covered nonviolent offense1 the district court in which the petition is filed shall provide notice of the petition-- 7,a7 to the office of the ,united ,states attorney that prosecuted or would have prosecuted the petitioner for the offense2 7,b7 to the extent reasonable and practicable1 to each victim of the offense2 and 7,c7 upon the request of the petitioner1 to any other individual that the petitioner determines may testify as to the-- 7i7 conduct of the petitioner since the date of the offense or arrest2 or 7ii7 reasons that the sealing order should be entered4 7#b7 ,hearing 7,a7 ,in general ,not later than #f months after the date on which an individual files a sealing petition1 the district court shall conduct a hearing to determine whether to enter a sealing order for the individual4 7,b7 ,opportunity to testify and offer evidence 7i7 ,petitioner ,the petitioner may testify or offer evidence at the sealing hearing in support of sealing4 7ii7 ,prosecutor ,the office of a ,united ,states attorney that receives notice under paragraph 7#a77;,a7 may send a representative to testify or offer evidence at the sealing hearing in support of or against sealing4 7iii7 ,victims 7,i7 ,in general ,a victim who receives notice under paragraph 7#a77;,b7 may testify or offer evidence at the sealing hearing in support of or against sealing4 7,,ii7 ,locating victims ,the inability of a court to locate a victim shall not-- 7aa7 delay a proceeding under this section2 7bb7 preclude the holding of a sealing hearing2 or 7cc7 impact the issuance of a sealing order4 7iv7 ,other individuals ,an individual who receives notice under paragraph 7#a77;,c7 may testify or offer evidence at the sealing hearing as to the issues described in clauses 7i7 and 7ii7 of that paragraph4 7,c7 ,magistrate judges ,a magistrate judge may preside over a hearing under this paragraph4 7#c7 ,basis for decision 7,a7 ,in general ,in determining whether to enter an sealing order with respect to protected information relating to a covered nonviolent offense1 the court-- 7i7 shall consider all the evidence and testimony presented at the sealing hearing2 7ii7 may not consider any non-,federal nonviolent crimes for which the petitioner has been arrested or proceeded against1 or of which the petitioner has been convicted2 and 7iii7 shall balance-- 7,i7 7aa7 the interest of public knowledge and safety2 and 7bb7 the legitimate interest1 if any1 of the ,government in maintaining the accessibility of the protected information1 including any potential impact of sealing the protected information on ,federal licensure1 permit1 or employment restrictions2 against 7,,ii7 7aa7 the conduct and demonstrated desire of the petitioner to be rehabilitated and positively contribute to the community2 and 7bb7 the interest of the petitioner in having the protected information sealed1 including the harm of the protected information to the ability of the petitioner to secure and maintain employment4 7,b7 ,burden on ,government ,the burden shall be on the ,government to show that the interests under subclause 7,i7 of subparagraph 7,a77iii7 outweigh the interests of the petitioner under subclause 7,,ii7 of that subparagraph4 7#d7 ,waiting period after denial ,if the district court denies a sealing petition1 the petitioner may not file a new sealing petition with respect to the same offense until the date that is #b years after the date of the denial4 7#e7 ,universal form ,the ,attorney ,general shall create a universal form1 available over the ,internet and in paper form1 that an individual may use to file a sealing petition4 7#f7 ,fee waiver ,the ,attorney ,general shall by regulation establish a process under which indigent petitioners may obtain a waiver of any fee for filing a sealing petition4 7#g7 ,reporting ,not later than #b years after the date of enactment of this subchapter1 and each year thereafter1 each district court of the ,united ,states shall issue a public report that-- 7,a7 describes-- 7i7 the number of sealing petitions granted and denied under this section2 and 7ii7 the number of instances in which the office of a ,united ,states attorney supported or opposed a sealing petition2 and 7,b7 includes any supporting data that the court determines relevant and that does not name any petitioner4 7#h7 ,public defender eligibility 7,a7 ,in general ,the district court may1 in its discretion1 appoint counsel in accordance with the plan of the district court in operation under section #cjjf;,a to represent a petitioner for purposes of this section4 7,b7 ,considerations ,in making a determination whether to appoint counsel under subparagraph 7,a71 the court shall consider-- 7i7 the anticipated complexity of the sealing hearing1 including the number and type of witnesses called to advocate against the sealing of the protected information of the petitioner2 and 7ii7 the potential for adverse testimony by a victim or a representative of the office of the ,united ,states attorney4 #cfcc4 ,effect of sealing order 7a7 ,in general ,except as provided in this section1 if a district court of the ,united ,states enters a sealing order with respect to a covered nonviolent offense1 the offense and any arrest1 criminal proceeding1 conviction1 or sentence relating to the offense shall be treated as if it never occurred4 7b7 ,verification of sealing ,if a district court of the ,united ,states enters a sealing order with respect to a covered nonviolent offense1 the court shall-- 7#a7 send a copy of the sealing order to each entity or person that possesses a record containing protected information that relates to the offense1 including each law enforcement agency1 each public or private correctional1 detention1 or treatment facility1 each other public or private agency1 and each person who provided treatment or rehabilitation services for the petitioner under an order of the court2 7#b7 in the sealing order1 require each entity or person described in paragraph 7#a7 to-- 7,a7 seal the record in accordance with this section2 and 7,b7 submit a written certification to the court1 under penalty of perjury1 that the entity or person has sealed each paper and electronic copy of the record2 7#c7 seal each paper and electronic copy of the record in the possession of the court2 and 7#d7 after receiving a written certification from each entity or person under paragraph 7#b77;,b71 notify the petitioner that each entity or person described in paragraph 7#a7 has sealed each paper and electronic copy of the record4 7c7 ,protection from perjury laws ,except as provided in subsection 7f77#c77;,a71 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 perjury1 false swearing1 or making a false statement1 including section #ajja1 #afba1 #afbb1 or #afbc1 for failing to recite or acknowledge any protected information with respect to the offense or respond to any inquiry made of the petitioner1 relating to the protected information1 for any purpose4 7d7 ,attorney ,general nonpublic records ,the ,attorney ,general-- 7#a7 shall maintain a nonpublic record of all protected information that has been sealed under this subchapter2 and 7#b7 may access or utilize protected information only-- 7,a7 for legitimate investigative purposes2 7,b7 in defense of any civil suit arising out of the facts of the arrest or subsequent proceedings2 or 7,c7 if the ,attorney ,general determines that disclosure is necessary to serve the interests of justice1 public safety1 or national security4 7e7 ,law enforcement access ,a ,federal or ,state law enforcement agency may access a record that is sealed under this subchapter solely-- 7#a7 to determine whether the individual to whom the record relates is eligible for a first-time-offender diversion program2 7#b7 for investigatory or prosecutorial purposes2 or 7#c7 for a background check that relates to law enforcement employment or any employment that requires a government security clearance4 7f7 ,prohibition on disclosure 7#a7 ,prohibition ,except as provided in paragraph 7#c71 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 subchapter4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined under this title1 imprisoned for not more than #a year1 or both4 7#c7 ,exceptions 7,a7 ,background checks ,an individual who is the subject of a record sealed under this subchapter shall1 and a ,federal or ,state law enforcement agency that possesses such a record may1 disclose the record in the case of a background check for-- 7i7 law enforcement employment2 or 7ii7 any employment that requires a government security clearance4 7,b7 ,disclosure to ,armed ,forces ,a person may disclose protected information from a record sealed under this subchapter to the ,secretaries of the military departments 7or the ,secretary of ,homeland ,security with respect to the ,coast ,guard when it is not operating as a service in the ,navy7 for the purpose of vetting an enlistment or commission1 or with regard to any member of the ,armed ,forces4 7,c7 ,authorization for individual to disclose own record ,an individual who is the subject of a record sealed under this subchapter may choose to disclose the record4 4 7b7 ,applicability ,the right to file a sealing petition under section #cfcb7;a7 of title #ah1 ,united ,states ,code1 as added by subsection 7a71 shall apply with respect to a covered nonviolent offense 7as defined in section #cfca7;a7 of such title7 that is committed before1 on1 or after the date of enactment of this ,act4 7c7 ,transition period for hearings deadline ,during the #a-year period beginning on the date of enactment of this ,act1 section #cfcb7;b77#b77;,a7 of title #ah1 ,united ,states ,code1 as added by subsection 7a71 shall be applied by substituting #a year for #f months4 7d7 ,technical and conforming amendment ,the table of subchapters for chapter #bbi of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 ,d4 ,sealing of ,criminal ,records#cfca 4 #c4 ,juvenile sealing and expungement 7a7 ,purpose ,the purpose of this section is to-- 7#a7 protect children and adults against damage stemming from their juvenile acts and subsequent juvenile delinquency records1 including law enforcement1 arrest1 and court records2 and 7#b7 prevent the unauthorized use or disclosure of confidential juvenile delinquency records and any potential employment1 financial1 psychological1 or other harm that would result from such unauthorized use or disclosure4 7b7 ,definitions ,section #ejca of title #ah1 ,united ,states ,code1 is amended to read as follows3 #ejca4 ,definitions ,in this chapter-- 7#a7 the term adjudication means a determination by a judge that a person committed an act of juvenile delinquency2 7#b7 the term conviction means a judgment or disposition in criminal court against a person following a finding of guilt by a judge or jury2 7#c7 the term destroy means to render a file unreadable1 whether paper1 electronic1 or otherwise stored1 by shredding1 pulverizing1 pulping1 incinerating1 overwriting1 reformatting the media1 or other means2 7#d7 the term expunge-- 7,a7 means to destroy a record and obliterate the name of the person to whom the record pertains from each official index or public record2 and 7,b7 has the effect described in section #ejdd7;c71 including-- 7i7 the right to treat an offense to which an expunged record relates1 and any arrest1 juvenile delinquency proceeding1 adjudication1 or other result of such proceeding relating to the offense1 as if it never occurred2 and 7ii7 protection from civil and criminal perjury1 false swearing1 and false statement laws with respect to an expunged record2 7#e7 the term expungement hearing means a hearing held under section #ejdd7;b77#b77;,b72 7#f7 the term expungement petition means a petition for expungement filed under section #ejdd7;b72 7#g7 the term juvenile means-- 7,a7 except as provided in subparagraph 7,b71 a person who has not attained the age of #ah2 and 7,b7 for the purpose of proceedings and disposition under this chapter for an alleged act of juvenile delinquency1 a person who has not attained the age of #ba2 7#h7 the term juvenile delinquency means the violation of a law of the ,united ,states committed by a person before attaining the age of #ah which would have been a crime if committed by an adult1 or a violation by such a person of section #ibb7x72 7#i7 the term juvenile nonviolent offense means an act of juvenile delinquency that is not-- 7,a7 a violent crime 7as defined in section #ajc of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#db ,u4,s4,c4 #efjc772 or 7,b7 a sex offense 7as that term is defined in section #aaa of the ,sex ,offender ,registration and ,notification ,act 7#db ,u4,s4,c4 #afiaa772 7#aj7 the term juvenile record-- 7,a7 means a record maintained by a court1 the probation system1 a law enforcement agency1 or any other government agency1 of the juvenile delinquency proceedings of a person2 and 7,b7 includes-- 7i7 a juvenile legal file1 including a formal document such as a petition1 notice1 motion1 legal memorandum1 order1 or decree2 7ii7 a social record1 including-- 7,i7 a record of a probation officer2 7,,ii7 a record of any government agency that keeps records relating to juvenile delinquency2 7,,iii7 a medical record2 7,,iv7 a psychiatric or psychological record2 7,v7 a birth certificate2 7,,vi7 an education record1 including an individualized education plan2 7,,vii7 a detention record2 7,,viii7 demographic information that identifies a juvenile or the family of a juvenile2 or 7,,ix7 any other record that includes personally identifiable information that may be associated with a juvenile delinquency proceeding1 an act of juvenile delinquency1 or an alleged act of juvenile delinquency2 7iii7 a law enforcement record1 including-- 7,i7 fingerprints2 7,,ii7 a ,,dna sample2 or 7,,iii7 a photograph2 and 7iv7 a ,state criminal justice information system record2 7#aa7 the term petitioner means a person who files an expungement petition or a sealing petition2 7#ab7 the term seal-- 7,a7 means-- 7i7 to close a record from public viewing so that the record cannot be examined except by court order2 and 7ii7 to physically seal the record shut and label the record ,,sealed or1 in the case of an electronic record1 the substantive equivalent2 and 7,b7 has the effect described in section #ejdc7;c71 including-- 7i7 the right to treat an offense to which a sealed record relates1 and any arrest1 juvenile delinquency proceeding1 adjudication1 or other result of such proceeding relating to the offense1 as if it never occurred2 and 7ii7 protection from civil and criminal perjury1 false swearing1 and false statement laws with respect to a sealed record2 7#ac7 the term sealing hearing means a hearing held under section #cfcb7;b77#b77;,a72 and 7#ad7 the term sealing petition means a petition for a sealing order filed under section #ejdc7;b74 4 7c7 ,confidentiality ,section #ejch of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 in the flush text following paragraph 7#f71 by inserting after bonding1 the following3 participation in an educational system12 and 7#b7 in subsection 7b71 by striking ,district courts exercising jurisdiction over any juvenile and inserting the following3 ,not later than #g days after the date on which a district court exercises jurisdiction over a juvenile1 the district court4 7d7 ,sealing2 expungement 7#a7 ,in general ,chapter #djc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ejdc4 ,sealing 7a7 ,automatic sealing of nonviolent offenses 7#a7 ,in general ,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 probation1 official detention1 or juvenile delinquent supervision ordered by the court with respect to the offense1 the court shall order the sealing of each juvenile record or portion thereof that relates to the offense if the person-- 7,a7 has not been convicted of a crime or adjudicated delinquent for an act of juvenile delinquency since the date of the disposition2 and 7,b7 is not engaged in active criminal court proceedings or juvenile delinquency proceedings4 7#b7 ,automatic nature of sealing ,the order of sealing under paragraph 7#a7 shall require no action by the person whose juvenile records are to be sealed4 7#c7 ,notice of automatic sealing ,a court that orders the sealing of a juvenile record of a person under paragraph 7#a7 shall inform the person of the sealing and the benefits of sealing the record1 including protection from civil and criminal perjury1 false swearing1 and false statement laws with respect to the record4 7b7 ,petitioning for early sealing of nonviolent offenses 7#a7 ,right to file sealing petition 7,a7 ,in general ,during the #c-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 probation1 official detention1 or juvenile delinquent supervision ordered by the court with respect to the offense1 the person may petition the court to seal the juvenile records that relate to the offense4 7,b7 ,notice of opportunity to file petition ,if a person is adjudged delinquent for a juvenile nonviolent offense1 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 probation1 official detention1 or juvenile delinquent supervision ordered by the court with respect to the offense1 and the necessary procedures for filing the sealing petition-- 7i7 on the date on which the individual is adjudged delinquent2 and 7ii7 on the date on which the individual has completed every term of probation1 official detention1 or juvenile delinquent supervision ordered by the court with respect to the offense4 7#b7 ,procedures 7,a7 ,notification of prosecutor and victims ,if a person files a sealing petition with respect to a juvenile nonviolent offense1 the court in which the petition is filed shall provide notice of the petition-- 7i7 to the ,attorney ,general2 7ii7 to the extent reasonable and practicable1 to each victim of the offense2 and 7iii7 upon the request of the petitioner1 to any other individual that the petitioner determines may testify as to-- 7,i7 the conduct of the petitioner since the date of the offense2 or 7,,ii7 the reasons that the sealing order should be entered4 7,b7 ,hearing 7i7 ,in general ,not later than #f months after the date on which a person files a sealing petition1 the court shall conduct a hearing to determine whether to enter a sealing order for the person4 7ii7 ,opportunity to testify and offer evidence 7,i7 ,petitioner ,the petitioner may testify or offer evidence at the sealing hearing in support of sealing4 7,,ii7 ,prosecutor ,the ,attorney ,general may send a representative to testify or offer evidence at the sealing hearing in support of or against sealing4 7,,iii7 ,victims 7aa7 ,in general ,a victim who receives notice under subparagraph 7,a77ii7 may testify or offer evidence at the sealing hearing in support of or against sealing4 7bb7 ,locating victims ,the inability of a court to locate a victim shall not delay a proceeding under this subsection1 preclude the holding of a sealing hearing1 or preclude the issuance of a sealing order4 7,,iv7 ,other individuals ,an individual who receives notice under subparagraph 7,a77iii7 may testify or offer evidence at the sealing hearing as to the issues described in subclauses 7,i7 and 7,,ii7 of that paragraph4 7,c7 ,basis for decision ,in conducting the hearing under subparagraph 7,b71 the court shall determine whether to grant the sealing petition after considering-- 7i7 the evidence and testimony presented by the ,attorney ,general and any victims at the hearing2 7ii7 the best interests of the petitioner2 7iii7 the age of the petitioner during his or her contact with the court or any law enforcement agency2 7iv7 the nature of the juvenile nonviolent offense2 7v7 the disposition of the case2 7vi7 the manner in which the petitioner participated in any court-ordered rehabilitative programming or supervised services2 7vii7 the length of the time period during which the petitioner has been without contact with any court or law enforcement agency2 7viii7 whether the petitioner has had any criminal or juvenile delinquency involvement since the disposition of the juvenile delinquency proceeding2 and 7ix7 the adverse consequences the petitioner may suffer if the petition is not granted4 7,d7 ,waiting period after denial ,if the court denies a sealing petition1 the petitioner may not file a new sealing petition with respect to the same juvenile nonviolent offense until the date that is #b years after the date of the denial4 7,e7 ,universal form ,the ,attorney ,general shall create a universal form1 available over the ,internet and in paper form1 that an individual may use to file a sealing petition4 7,f7 ,no fee for sealing ,there shall be no cost for filing a sealing petition4 7,g7 ,reporting ,not later than #b years after the date of enactment of this section1 and each year thereafter1 each district court of the ,united ,states shall issue a public report that-- 7i7 describes-- 7,i7 the number of sealing petitions granted and denied under this subsection2 and 7,,ii7 the number of instances in which the ,attorney ,general supported or opposed a sealing petition2 and 7ii7 includes any supporting data that the court determines relevant and that does not name any petitioner4 7,h7 ,public defender eligibility 7i7 ,petitioners under age #ah ,the district court shall appoint counsel in accordance with the plan of the district court in operation under section #cjjf;,a to represent a petitioner for purposes of this subsection if the petitioner is less than #ah years of age4 7ii7 ,petitioners age #ah and older 7,i7 ,discretion of court ,in the case of a petitioner who not less than #ah years of age1 the district court may1 in its discretion1 appoint counsel in accordance with the plan of the district court in operation under section #cjjf;,a to represent the petitioner for purposes of this subsection4 7,,ii7 ,considerations ,in determining whether to appoint counsel under subclause 7,i71 the court shall consider-- 7aa7 the anticipated complexity of the sealing hearing1 including the number and type of witnesses called to advocate against the sealing of the records of the petitioner2 and 7bb7 the potential for adverse testimony by a victim or a representative of the ,attorney ,general4 7c7 ,effect of sealing order 7#a7 ,in general ,except as provided in this subsection1 if a court orders the sealing of a juvenile record under subsection 7a7 or 7b7 with respect to a juvenile nonviolent offense1 the offense and any arrest1 juvenile delinquency proceeding1 adjudication1 or other result of such proceeding relating to the offense shall be treated as if it never occurred4 7#b7 ,verification of sealing ,if a court orders the sealing of a juvenile record under subsection 7a7 or 7b7 with respect to a juvenile nonviolent offense1 the court shall-- 7,a7 send a copy of the sealing order to each entity or person that possesses a record relating to the offense1 including each law enforcement agency1 each public or private correctional1 detention1 or treatment facility1 each other public or private agency1 and each person who provided treatment or rehabilitation services for the petitioner under an order of the court2 7,b7 in the sealing order1 require each entity or person described in paragraph 7#a7 to-- 7i7 seal the record2 and 7ii7 submit a written certification to the court1 under penalty of perjury1 that the entity or person has sealed each paper and electronic copy of the record2 7,c7 seal each paper and electronic copy of the record in the possession of the court2 and 7,d7 after receiving a written certification from each entity or person under paragraph 7#b77;,b71 notify the petitioner that each entity or person described in paragraph 7#a7 has sealed each paper and electronic copy of the record4 7#c7 ,protection from perjury laws ,except as provided in paragraph 7#e77;,c77i71 the person who is the subject of a juvenile record sealed under subsection 7a7 or 7b7 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 perjury1 false swearing1 or making a false statement1 including section #ajja1 #afba1 #afbb1 or #afbc1 for failing to acknowledge the record or respond to any inquiry made of the person or the parent1 relating to the record1 for any purpose4 7#d7 ,law enforcement access to sealed records ,a law enforcement agency may access a sealed juvenile record of a person solely-- 7,a7 to determine whether the person is eligible for a first-time-offender diversion program2 7,b7 for investigatory or prosecutorial purposes within the juvenile justice system2 or 7,c7 for a background check that relates to-- 7i7 law enforcement employment2 or 7ii7 any employment that requires a government security clearance4 7#e7 ,prohibition on disclosure 7,a7 ,prohibition ,except as provided in subparagraph 7,c71 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 section4 7,b7 ,penalty ,any person who violates subparagraph 7,a7 shall be fined under this title1 imprisoned for not more than #a year1 or both4 7,c7 ,exceptions 7i7 ,background checks ,a person who is the subject of a juvenile record sealed under this section shall1 and a ,federal or ,state law enforcement agency that possesses such a record may1 disclose the record in the case of a background check for-- 7,i7 law enforcement employment2 or 7,,ii7 any employment that requires a government security clearance4 7ii7 ,disclosure to ,armed ,forces ,a person may disclose information from a sealed juvenile record to the ,secretaries of the military departments 7or the ,secretary of ,homeland ,security with respect to the ,coast ,guard when it is not operating as a service in the ,navy7 for the purpose of vetting an enlistment or commission1 or with regard to any member of the ,armed ,forces4 7iii7 ,authorization for person to disclose own record ,a person who is the subject of a juvenile record sealed under this section may choose to disclose the record4 #ejdd4 ,expungement 7a7 ,automatic expungement of certain records 7#a7 ,attorney ,general motion 7,a7 ,nonviolent offenses committed before a person turned #ae ,if a person is adjudicated delinquent under this chapter for a juvenile nonviolent offense committed before the person attained #ae years of age1 on the date on which the person attains #ah years of age1 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 expunged4 7,b7 ,arrests ,if a juvenile is arrested for an offense for which a juvenile delinquency proceeding is not instituted under this subchapter1 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 expunged4 7,c7 ,expungement order ,upon the filing of a motion in a district court of the ,united ,states with respect to a juvenile nonviolent offense under subparagraph 7,a7 or an arrest for an offense under subparagraph 7,b71 the court shall grant the motion and order that each juvenile record relating to the offense or arrest1 as applicable1 be expunged4 7#b7 ,dismissed cases ,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 subchapter1 the court shall concurrently order that each juvenile record relating to the applicable proceeding be expunged4 7#c7 ,automatic nature of expungement ,an order of expungement under paragraph 7#a77;,c7 or 7#b7 shall not require any action by the person whose records are to be expunged4 7#d7 ,notice of automatic expungement ,a court that orders the expungement of a juvenile record of a person under paragraph 7#a77;,c7 or 7#b7 shall inform the person of the expungement and the benefits of expunging the record1 including protection from civil and criminal perjury1 false swearing1 and false statement laws with respect to the record4 7b7 ,petitioning for expungement of nonviolent offenses 7#a7 ,in general ,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 #ae 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 offense4 7#b7 ,procedures 7,a7 ,notification of prosecutor and victims ,if a person files an expungement petition with respect to a juvenile nonviolent offense1 the court in which the petition is filed shall provide notice of the petition-- 7i7 to the ,attorney ,general2 7ii7 to the extent reasonable and practicable1 to each victim of the offense2 and 7iii7 upon the request of the petitioner1 to any other individual that the petitioner determines may testify as to-- 7,i7 the conduct of the petitioner since the date of the offense2 or 7,,ii7 the reasons that the expungement order should be entered4 7,b7 ,hearing 7i7 ,in general ,not later than #f months after the date on which a person files an expungement petition1 the court shall conduct a hearing to determine whether to enter an expungement order for the person4 7ii7 ,opportunity to testify and offer evidence 7,i7 ,petitioner ,the petitioner may testify or offer evidence at the expungement hearing in support of expungement4 7,,ii7 ,prosecutor ,the ,attorney ,general may send a representative to testify or offer evidence at the expungement hearing in support of or against expungement4 7,,iii7 ,victims 7aa7 ,in general ,a victim who receives notice under subparagraph 7,a77ii7 may testify or offer evidence at the expungement hearing in support of or against expungement4 7bb7 ,locating victims ,the inability of a court to locate a victim shall not delay a proceeding under this subsection1 preclude the holding of an expungement hearing1 or preclude the issuance of an expungement order4 7,,iv7 ,other individuals ,an individual who receives notice under subparagraph 7,a77iii7 may testify or offer evidence at the expungement hearing as to the issues described in subclauses 7,i7 and 7,,ii7 of that paragraph4 7,c7 ,basis for decision ,in conducting a hearing under subparagraph 7,b71 the court shall determine whether to grant the expungement petition after considering-- 7i7 the evidence and testimony presented by the ,attorney ,general and any victims at the hearing2 7ii7 the best interests of the petitioner2 7iii7 the age of the petitioner during his or her contact with the court or any law enforcement agency2 7iv7 the nature of the juvenile nonviolent offense2 7v7 the disposition of the case2 7vi7 the manner in which the petitioner participated in any court-ordered rehabilitative programming or supervised services2 7vii7 the length of the time period during which the petitioner has been without contact with any court or any law enforcement agency2 7viii7 whether the petitioner has had any criminal or juvenile delinquency involvement since the disposition of the juvenile delinquency proceeding2 and 7ix7 the adverse consequences the petitioner may suffer if the petition is not granted4 7,d7 ,waiting period after denial ,if the court denies an expungement petition1 the petitioner may not file a new expungement petition with respect to the same offense until the date that is #b years after the date of the denial4 7,e7 ,universal form ,the ,attorney ,general shall create a universal form1 available over the ,internet and in paper form1 that an individual may use to file an expungement petition4 7,f7 ,no fee for expungement ,there shall be no cost for filing an expungement petition4 7,g7 ,reporting ,not later than #b years after the date of enactment of this section1 and each year thereafter1 each district court of the ,united ,states shall issue a public report that-- 7i7 describes-- 7,i7 the number of expungement petitions granted and denied under this subsection2 and 7,,ii7 the number of instances in which the ,attorney ,general supported or opposed an expungement petition2 and 7ii7 includes any supporting data that the court determines relevant and that does not name any petitioner4 7,h7 ,public defender eligibility 7i7 ,petitioners under age #ah ,the district court shall appoint counsel in accordance with the plan of the district court in operation under section #cjjf;,a to represent a petitioner for purposes of this subsection if the petitioner is less than #ah years of age4 7ii7 ,petitioners age #ah and older 7,i7 ,discretion of court ,in the case of a petitioner who not less than #ah years of age1 the district court may1 in its discretion1 appoint counsel in accordance with the plan of the district court in operation under section #cjjf;,a to represent the petitioner for purposes of this subsection4 7,,ii7 ,considerations ,in determining whether to appoint counsel under subclause 7,i71 the court shall consider-- 7aa7 the anticipated complexity of the expungement hearing1 including the number and type of witnesses called to advocate against the expungement of the records of the petitioner2 and 7bb7 the potential for adverse testimony by a victim or a representative of the ,attorney ,general4 7c7 ,effect of expunged juvenile record 7#a7 ,in general ,except as provided in this subsection1 if a court orders the expungement of a juvenile record under subsection 7a7 or 7b7 with respect to a juvenile nonviolent offense-- 7,a7 the offense and any arrest1 juvenile delinquency proceeding1 adjudication1 or other result of such proceeding relating to the offense shall be treated as if it never occurred2 and 7,b7 the person to whom the record pertains shall not be required to disclose the existence of the record4 7#b7 ,verification of expungement ,if a court orders the expungement of a juvenile record under subsection 7a7 or 7b7 with respect to a juvenile nonviolent offense1 the court shall-- 7,a7 send a copy of the expungement order to each entity or person that possesses a record relating to the offense1 including each law enforcement agency1 each public or private correctional1 detention1 or treatment facility1 each other public or private agency1 and each person who provided treatment or rehabilitation services for the petitioner under an order of the court2 7,b7 in the expungement order1 require each entity or person described in paragraph 7#a7 to-- 7i7 destroy the record2 and 7ii7 submit a written certification to the court1 under penalty of perjury1 that the entity or person has destroyed each paper and electronic copy of the record2 7,c7 destroy each paper and electronic copy of the record in the possession of the court2 and 7,d7 after receiving a written certification from each entity or person under paragraph 7#b77;,b71 notify the petitioner that each entity or person described in paragraph 7#a7 has destroyed each paper and electronic copy of the record4 7#c7 ,reply to inquiries ,in the case of an inquiry relating to a juvenile record of a person that is expunged under this section1 the court in which the proceeding took place1 each law enforcement officer1 any agency that provided treatment or rehabilitation services to the person1 and the person 7except as provided in paragraph 7#f77 shall reply to the inquiry that no such juvenile record exists4 7#d7 ,protection from perjury laws ,except as provided in paragraph 7#e71 if a juvenile record of a person is expunged under this section1 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 perjury1 false swearing1 or making a false statement1 including section #ajja1 #afba1 #afbb1 or #afbc1 for failing to acknowledge the record or respond to any inquiry made of the person or the parent1 relating to the record1 for any purpose4 7#e7 ,civil actions 7,a7 ,in general ,if a person whose juvenile record is expunged under this section brings an action that might be defended with the contents of the record1 there shall be a rebuttable presumption that the defendant has a complete defense to the action4 7,b7 ,showing by plaintiff ,in an action described in subparagraph 7,a71 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 liable4 7,c7 ,duty to testify as to existence of record ,the court in which an action described in subparagraph 7,a7 is filed may require the plaintiff to state under oath whether the plaintiff had a juvenile record and whether the record was expunged4 7,d7 ,proof of existence of juvenile record ,if the plaintiff in an action described in subparagraph 7,a7 denies the existence of a juvenile record1 the defendant may prove the existence of the record in any manner compatible with the applicable laws of evidence4 7#f7 ,authorization for person to disclose own record ,a person who is the subject of a juvenile record expunged under this section may choose to disclose the record4 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #djc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ejdc4 ,sealing4 #ejdd4 ,expungement4 4 7e7 ,juvenile solitary confinement 7#a7 ,in general ,chapter #djc of title #ah1 ,united ,states ,code1 as amended by subsection 7d71 is amended by adding at the end the following3 #ejde4 ,juvenile solitary confinement 7a7 ,definitions ,in this section-- 7#a7 the term juvenile detention facility means any facility to which juveniles are committed1 whether pursuant to an adjudication of delinquency under this subchapter or conviction for an offense2 and 7#b7 the term room confinement means the involuntary restriction of a juvenile alone in a cell1 room1 or other area for any reason4 7b7 ,prohibition 7#a7 ,in general ,the use of room confinement at a juvenile detention facility for discipline1 punishment1 retaliation1 staffing shortages1 administrative convenience1 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 prohibited4 7#b7 ,juveniles posing risk of harm to others or to self and others 7,a7 ,requirement to use least restrictive techniques 7i7 ,in general ,before an employee of a juvenile detention facility places a juvenile in room confinement1 the employee shall attempt to use less restrictive techniques1 including-- 7,i7 talking with the juvenile to de-escalate the situation2 and 7,,ii7 when possible1 bringing in other employees1 qualified mental health professionals1 or other juveniles to talk with the juvenile4 7ii7 ,explanation ,before an employee of a juvenile facility places a juvenile in room confinement1 or immediately after doing so1 the employee shall explain to the juvenile-- 7,i7 the reasons for the room confinement2 and 7,,ii7 the fact that the juvenile will be released from room confinement upon regaining self-control4 7,b7 #c-;hour maximum ,except as provided in paragraph 7#c71 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 others1 the juvenile shall not remain in room confinement for more than #c hours4 7,c7 ,release ,as soon as a juvenile placed in room confinement under subparagraph 7,a7 is sufficiently under control so as to no longer pose a serious and immediate risk of physical harm to the juvenile or others1 the juvenile shall be released from room confinement4 7,d7 ,spirit and purpose ,the use of consecutive periods of room confinement to evade the spirit and purpose of this subsection shall be prohibited4 7,e7 ,conditions ,a room used for room confinement for a juvenile shall-- 7i7 have not less than #hj square feet of floor space2 7ii7 have adequate lighting1 heating or cooling 7as applicable71 and ventilation for the comfort of the juvenile2 7iii7 be suicide-resistant and protrusion-free2 and 7iv7 have reasonable access to water1 toilet facilities1 and hygiene supplies4 7,f7 ,access to services ,a juvenile placed in room confinement shall-- 7i7 have access to appropriate medical and psychological services2 and 7ii7 receive crisis intervention and one-on-one observation4 7,g7 ,risk of harm after #c hours ,if1 after #c hours of room confinement1 a juvenile continues to pose a serious and immediate risk of physical harm to others or to the juvenile and others-- 7i7 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 confinement2 or 7ii7 if the juvenile cannot be transferred to another juvenile detention facility or internal location in accordance with clause 7i71 an employee of the juvenile detention facility shall initiate a referral to a mental health facility that can meet the needs of the juvenile4 7#c7 ,juveniles posing risk of harm to self 7,a7 ,in general ,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 herself4 7,b7 ,release ,a juvenile placed in room confinement under subparagraph 7,a7 shall be released-- 7i7 immediately when the juvenile no longer poses a serious and immediate risk of physical harm to himself or herself2 and 7ii7 not later than #cj minutes after being placed in room confinement4 7,c7 ,explanation ,before placing a juvenile in room confinement under subparagraph 7,a7 or immediately after doing so1 an employee of a juvenile detention facility shall explain to the juvenile-- 7i7 the reasons for the room confinement2 and 7ii7 the fact that the juvenile will be released within #cj minutes4 7c7 ,study and report ,not later than #b years after the date of enactment of this section1 and each year thereafter1 the ,attorney ,general shall submit to ,congress a report that-- 7#a7 contains a detailed description of the type of physical force1 restraints1 and room confinement used at juvenile detention facilities2 and 7#b7 describes the number of instances physical force1 restraints1 or room confinement are used at juvenile detention facilities1 disaggregated by race1 ethnicity1 and gender4 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #djc of title #ah1 ,united ,states ,code1 as amended by subsection 7d71 is amended by adding at the end the following3 #ejde4 ,juvenile solitary confinement4 4 #d4 ,study and report on cost savings from sealing and expungement provisions 7a7 ,study 7#a7 ,in general ,not later than #e years after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with the ,secretary of ,labor and the ,director of the ,office of ,management and ,budget1 shall conduct a study on the cost savings and broader economic impact of the sealing and expungement provisions in the amendments made by sections #b1 #c1 and #f of this ,act4 7#b7 ,considerations ,in conducting the study under paragraph 7#a71 the ,attorney ,general shall consider-- 7,a7 the reduction in recidivism and associated cost savings related to corrections and public safety2 7,b7 increased economic activity by former offenders1 including by conducting an analysis of the tax revenue generated by that activity2 and 7,c7 the economic impact on the household of former offenders and the children of former offenders4 7b7 ,report ,not later than #e years after the date of enactment of this ,act1 the ,attorney ,general shall submit to ,congress a report on the study conducted under subsection 7a74 #e4 ,,tanf assistance and ,,snap benefits 7a7 ,amendment to ban on assistance ,section #aae of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#ba ,u4,s4,c4 #hfb;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and adjusting the margins accordingly2 7,b7 in the matter preceding subparagraph 7,a71 as redesignated-- 7i7 by striking ,an individual and inserting the following3 7#a7 ,denial of assistance and benefits ,except as provided in paragraph 7#b71 an individual 2 and 7ii7 by striking possession1 use1 or2 and 7,c7 by adding at the end the following3 7#b7 ,exception for individuals who receive treatment and other individuals ,the prohibition under paragraph 7#a7 shall not apply to an individual convicted of an offense described in paragraph 7#a7 who-- 7,a7 has committed an offense that the court in which the individual is convicted 7referred to in this paragraph as the court7 determines is rationally related to a substance abuse disorder2 7,b7 7i7 is on a waiting list for1 is accepted for1 successfully participates in1 or has satisfactorily completed a substance abuse treatment program approved by the court2 or 7ii7 has been determined by the court to not need substance abuse treatment2 and 7,c7 complies with all obligations imposed by the court4 2 7#b7 in subsection 7d71 by striking the date of the enactment of this ,act each place that term appears and inserting the date of enactment of the ,record ,expungement ,designed to ,enhance ,employment ,act of #bjad2 and 7#c7 in subsection 7f71 by striking paragraph 7#e7 and inserting the following3 7#e7 ,employment services1 including job training programs and any other employment services that are funded using assistance or benefits referred to in subsection 7a74 4 7b7 ,effect on ,state elections ,to opt out or limit period of prohibition 7#a7 ,definition ,in this subsection1 the term ,,tanf assistance or ,,snap benefits means assistance or benefits referred to in section #aae7;a7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#ba ,u4,s4,c4 #hfb;a7a774 7#b7 ,effect ,a law enacted by a ,state under the authority under subparagraph 7,a7 or 7,b7 of subsection 7d77#a7 of section #aae of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#ba ,u4,s4,c4 #hfb;a7 7as in effect on the day before the date of enactment of this ,act71 and any ,state law or regulation enacted to carry out the requirements of such section 7as in effect on the day before the date of enactment of this ,act71 that imposes conditions on eligibility for ,,tanf assistance or ,,snap benefits that are more restrictive than the conditions on eligibility for ,,tanf assistance or ,,snap benefits under such section as amended by subsection 7a7 shall have no force or effect4 #f4 ,state incentives 7a7 ,,cops grants priority ,section #agja7;c7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;dd7c77 is amended-- 7#a7 by striking ,in and inserting the following3 7#a7 ,in general ,in 2 7#b7 by striking where feasible and all that follows1 and inserting the following3 where feasible1 to an application-- 7,a7 for hiring and rehiring additional career law enforcement officers that involves a non-,federal contribution exceeding the #be percent minimum under subsection 7g72 or 7,b7 from an applicant in a ,state that has in effect-- 7i7 a law relating to the confidentiality1 sealing1 and expungement of juvenile records that is substantially similar to1 or more generous to the former offender than1 the amendments made by subsections 7b7 through 7d7 of section #c of the ,record ,expungement ,designed to ,enhance ,employment ,act of #bjad2 7ii7 a law prohibiting juvenile solitary confinement that is substantially similar to1 or more restrictive than1 the amendment made by subsection 7e7 of section #c of the ,record ,expungement ,designed to ,enhance ,employment ,act of #bjad2 7iii7 a law relating to the sealing of adult records that is substantially similar to1 or more generous to the former offender than1 the amendments made by section #b of the ,record ,expungement ,designed to ,enhance ,employment ,act of #bjad2 7iv7 subject to paragraph 7#b71 a law that establishes that an adult criminal court may not have original jurisdiction over an individual who was less than #ah years of age when the individual committed an offense2 7v7 a law that allows an individual who has successfully sealed or expunged a criminal record to be free from civil and criminal perjury laws2 or 7vi7 a law relating to the eligibility of individuals for assistance or benefits referred to in subsection 7a7 of section #aae of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#ba ,u4,s4,c4 #hfb;a7a77 that is no more restrictive than such section1 as amended by section #e of the ,record ,expungement ,designed to ,enhance ,employment ,act of #bjad4 2 and 7#c7 by adding at the end the following3 7#b7 ,juvenile transfer provisions ,paragraph 7#a77;,b77iv7 shall not be construed to preclude from preferential consideration an application from an applicant in a ,state that-- 7,a7 has in effect a law that authorizes the transfer of an individual who is less than #ah years of age to adult criminal court if the individual commits a specified offense or an offense that falls under a specified category of offenses2 or 7,b7 exercises other case-specific transfer mechanisms4 7#c7 ,degree of priority commensurate with degree of compliance ,if the ,attorney ,general1 in awarding grants under this part1 gives preferential consideration to any application as authorized under paragraph 7#a77;,b71 the ,attorney ,general shall base the degree of preferential consideration given to an application from an applicant in a particular ,state on the number of clauses under paragraph 7#a77;,b7 that the ,state has satisfied1 relative to the number of such clauses that each other ,state has satisfied4 4 7b7 ,attorney ,general guidelines and technical assistance ,the ,attorney ,general shall issue guidelines and provide technical assistance to assist ,states in complying with the incentive under section #agja7;c77#a77;,b7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;dd7c77#a77;,b771 as added by subsection 7a74 #g4 ,ensuring accuracy in the ,,fbi background check system 7a7 ,in general ,section #ecd of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 ,ensuring accuracy in the ,,fbi background check system 7#a7 ,definitions ,in this subsection-- 7,a7 the term applicant means the individual to whom a record sought to be exchanged pertains2 7,b7 the term incomplete1 with respect to a record1 means the record-- 7i7 indicates that an individual was arrested but does not describe the offense for which the individual was arrested2 or 7ii7 indicates that an individual was arrested or criminal proceedings were instituted against an individual but does not include the final disposition of the arrest or of the proceedings if a final disposition has been reached2 7,c7 the term record means a record or other information collected under this section2 7,d7 the term reporting jurisdiction means any person or entity that provides a record to the ,attorney ,general under this section2 and 7,e7 the term requesting entity-- 7i7 means a person or entity that seeks the exchange of a record for civil purposes that include employment1 housing1 credit1 or any other type of application2 and 7ii7 does not include a law enforcement or intelligence agency that seeks the exchange of a record for-- 7,i7 investigative purposes2 or 7,,ii7 purposes relating to-- 7aa7 law enforcement employment2 or 7bb7 employment that requires a government security clearance4 7#b7 ,periodic review and update of records ,not later than #a year after the date of enactment of the ,record ,expungement ,designed to ,enhance ,employment ,act of #bjad1 and every #b years thereafter1 the ,attorney ,general shall-- 7,a7 review each record for completeness and accuracy2 and 7,b7 to the extent feasible1 update or correct each incomplete or inaccurate record4 7#c7 ,incomplete or inaccurate records ,if the ,attorney ,general determines under paragraph 7#b77;,a7 that a record is incomplete or inaccurate1 the ,attorney ,general-- 7,a7 shall notify each relevant reporting jurisdiction that the record is incomplete or inaccurate2 and 7,b7 may not exchange the record with a requesting entity until the ,attorney ,general updates or corrects the record4 4 7b7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,attorney ,general shall submit to ,congress a report on the implementation of section #ecd7;g7 of title #bh1 ,united ,states ,code1 as added by subsection 7a71 that includes-- 7#a7 the number of exchanges of records or information for employment-related purposes made with entities in each ,state through the records system created under section #ecd of title #bh1 ,united ,states ,code2 7#b7 appropriate statistical information to determine whether the exchange of records or information about arrests that did not result in convictions is affecting the employment opportunities of employees to whom those records or information pertain2 7#c7 any prolonged failure of a reporting jurisdiction to comply with a request by the ,attorney ,general for information about dispositions of arrests2 and 7#d7 the numbers of successful and unsuccessful challenges to the accuracy and completeness of records or information1 by ,state where the records and information originated4 #h4 ,report on statutory and regulatory restrictions and disqualifications based on criminal records 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with the ,secretary of ,labor and the ,director of the ,office of ,personnel ,management1 shall submit to ,congress a report on each ,federal statute1 regulation1 or policy that authorizes a restriction on1 or disqualification of1 an applicant for employment or for a ,federal license or permit based on the criminal record of the applicant4 7b7 ,identification of information ,in the report submitted under subsection 7a71 the ,attorney ,general shall-- 7#a7 identify each occupation1 position1 license1 or permit to which a restriction or disqualification described in subsection 7a7 applies2 and 7#b7 for each occupation1 position1 license1 or permit identified under paragraph 7#a71 include-- 7,a7 a description of the restriction or disqualification2 7,b7 the duration of the restriction or disqualification2 7,c7 an evaluation of the rationale for the restriction or disqualification and its continuing usefulness2 7,d7 the procedures1 if any1 to appeal1 waive or exempt the restriction or disqualification based on a showing of rehabilitation or other relevant evidence2 7,e7 any information available about the numbers of individuals restricted or disqualified on the basis of a criminal record2 and 7,f7 the identity of the ,federal agency with jurisdiction over the restriction or disqualification4