,,ii #aaeth ,,congress #ast ,session ,s4 #eaa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #b1 #bjag,mr4 ,manchin introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide for the sealing of records relating to ,federal nonviolent criminal offenses related to substance use disorders1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,clean ,start ,act4 #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 ,definitions4#cfcb4 ,sealing petition4#cfcc4 ,effect of sealing order4 #cfca4 ,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 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,c7 an offense involving a victim under the age of #ah years2 or 7,d7 a serious drug offense 7as that term is defined in section #ceei7;c77#b772 7#b7 the term covered treatment program means a substance use disorder treatment program or recovery support program that is licensed1 certified1 or accredited by a ,state or national accreditation body1 including peer-driven and sober-living programs2 7#c7 the term eligible individual means an individual who-- 7,a7 has been arrested for or convicted of a qualifying offense2 7,b7 in the case of a conviction described in subparagraph 7,a7-- 7i7 has fulfilled each requirement of the sentence for the qualifying offense1 including-- 7,i7 completing each term of imprisonment1 probation1 or supervised release2 and 7,,ii7 satisfying each condition of imprisonment1 probation1 or supervised release2 7ii7 has satisfactorily completed a covered treatment program2 and 7iii7 has rendered service for a period of not less than #ahj days-- 7,i7 as a peer mentor in a substance use disorder peer mentorship program2 or 7,,ii7 if service described in subclause 7,i7 is not practicable1 as a volunteer2 7,c7 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#d7 the term petitioner means an individual who files a sealing petition2 7#e7 the term protected information1 with respect to a qualifying 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#f7 the term qualifying offense means-- 7,a7 a covered nonviolent offense committed by an individual whose substance use disorder is a substantial contributing factor in the commission of the offense1 as determined by a court reviewing a sealing petition with respect to the offense under section #cfcb7;b77#c77;,a77i72 or 7,b7 in the case of an arrest for an offense that does not result in a conviction1 a covered nonviolent offense with respect to which the act that would have constituted the offense is committed by an individual whose substance use disorder is a substantial contributing factor in the commission of the act1 as determined by a court reviewing a sealing petition with respect to the offense under section #cfcb7;b77#c77;,a77i72 7#g7 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#h7 the term sealing hearing means a hearing held under section #cfcb7;b77#b72 7#i7 the term sealing petition means a petition for a sealing order filed under section #cfcb7;a72 and 7#aj7 the term substance use disorder peer mentorship program means a peer mentorship program at a covered treatment program4 #cfcb4 ,sealing petition 7a7 ,right ,to file sealing petition 7#a7 ,date of eligibility 7,a7 ,convicted individuals 7i7 ,in general ,on and after the date that is #c years after the applicable date under clause 7ii71 an eligible individual who was convicted of a qualifying offense and has not been arrested for or convicted of a substance use-related offense since that applicable date may file a petition for a sealing order with respect to the qualifying offense in a district court of the ,united ,states4 7ii7 ,applicable date ,the applicable date-- 7,i7 for an eligible individual who was convicted of a qualifying offense and sentenced to a term of imprisonment1 probation1 or supervised release is the date on which the eligible individual has fulfilled each requirement under section #cfca7c77;,b77i72 and 7,,ii7 for an eligible individual who was convicted of a qualifying offense and not sentenced to a term of imprisonment1 probation1 or supervised release is the date on which the case relating to the qualifying offense is disposed of4 7iii7 ,violation of #c-year good behavior requirement 7,i7 ,in general ,an eligible individual who is prohibited from filing a petition for a sealing order with respect to a qualifying offense under clause 7i7 because the individual is arrested for or convicted of a substance use-related offense on or after the applicable date under clause 7ii7 may file such a petition on or after the date as of which not less than #c years have elapsed since the last such arrest or conviction4 7,,ii7 ,rule of construction ,nothing in subclause 7,i7 shall be construed to allow an eligible individual to file more than #a petition for a sealing order with respect to a particular qualifying offense4 7,b7 ,individuals not convicted ,an eligible individual who is arrested for but not convicted of a qualifying offense may file a petition for a sealing order with respect to the qualifying offense in a district court of the ,united ,states on and after the date on which the case relating to the offense is disposed of4 7#b7 ,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 under section #cfca7c77;,b71 the court in which the individual is convicted shall1 in writing1 inform the individual1 on each date described in clause 7ii7 of this subparagraph1 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 fulfilled each requirement under section #cfca7c77;,b77i74 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 shall1 in writing1 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 shall1 in writing1 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 to prosecutor and other individuals ,if an individual files a petition under subsection 7a7 with respect to a qualifying 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 and 7,b7 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 #ahj days after the date on which an individual files a sealing petition1 the district court shall-- 7i7 except as provided in subparagraph 7,d71 conduct a hearing in accordance with subparagraph 7,b72 and 7ii7 determine whether to enter a sealing order for the individual in accordance with paragraph 7#c74 7,b7 ,opportunity to testify and offer evidence 7i7 ,petitioner ,the petitioner may testify or offer evidence at the sealing hearing in support of sealing1 including evidence of ongoing sobriety4 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 ,other individuals ,an individual who receives notice under paragraph 7#a77;,b7 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,d7 ,waiver of hearing ,if the petitioner and the ,united ,states attorney that receives notice under paragraph 7#a77;,a7 so agree1 the court shall make a determination under paragraph 7#c7 without a hearing4 7#c7 ,basis for decision 7,a7 ,in general ,in determining whether to enter a sealing order with respect to protected information relating to a covered nonviolent offense1 the court shall-- 7i7 determine whether the offense is a qualifying offense based on evidence that the petitioner suffered from an active substance use disorder at the time of the commission of the offense2 7ii7 consider-- 7,i7 the petition and any documents in the possession of the court2 and 7,,ii7 all the evidence and testimony presented at the sealing hearing1 if such a hearing is conducted2 and 7iii7 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,c7 ,reasoning ,the court shall provide the petitioner and the ,government with a written decision explaining the reasons for the determination made under subparagraph 7,a74 7#d7 ,appeal ,a denial of a sealing petition by a district court under this section shall be subject to review by a court of appeals in accordance with section #abia of title #bh4 7#e7 ,universal form ,the ,director of the ,administrative ,office of the ,united ,states ,courts 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 ,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 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 publish and submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report that-- 7,a7 describes-- 7i7 the number of sealing petitions granted and denied under this section2 7ii7 the number of instances in which the office of a ,united ,states attorney supported or opposed a sealing petition2 and 7iii7 the number and amount of fees assessed and waived under this section2 7,b7 includes any supporting data that-- 7i7 the court determines relevant2 and 7ii7 does not name any petitioner2 and 7,c7 disaggregates all relevant data by race1 ethnicity1 gender1 and the nature of the offense4 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 qualifying 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 qualifying offense1 the court shall-- 7#a7 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 offense1 including each-- 7,a7 law enforcement agency2 and 7,b7 public or private correctional or detention facility2 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 qualifying 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 investigatory1 prosecutorial1 or ,federal supervision 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 position that a ,federal agency designates as a-- 7,i7 national security position2 or 7,,ii7 high-risk1 public trust position4 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 ,criminal and juvenile proceedings ,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-- 7i7 criminal proceeding2 or 7ii7 juvenile delinquency proceeding4 7,d7 ,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 qualifying offense 7as defined in section #cfca7;a7 of such title7 that is committed or alleged to have been 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 #ahj days4 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 ,state incentives 7a7 ,,cops grants priority ,section #agja of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;dd7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#b71 by striking or at the end2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7#d7 subject to subsection 7l71 from an applicant in a ,state that has in effect-- 7,a7 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 ,clean ,start ,act2 or 7,b7 a law that allows an individual who has successfully sealed a criminal record to be free from civil and criminal perjury laws4 2 and 7#b7 by adding at the end the following3 7l7 ,degree of priority relating to sealing laws commensurate with degree of compliance ,if the ,attorney ,general1 in awarding grants under this part1 gives preferential consideration to any application as authorized under subsection 7c77#d71 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 subparagraphs under subsection 7c77#d7 that the ,state has satisfied1 relative to the number of such subparagraphs 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#d7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;dd7c77#b771 as added by subsection 7a74