,i #aafth ,,congress #ast ,session ,h4 ,r4 #bcdh ,,in ,,the ,,house ,,of ,,representatives ,april #bb1 #bjai ,ms4 ,blunt ,rochester 7for herself and ,mr4 ,reschenthaler7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to require automatic sealing of certain criminal records1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,clean ,slate ,act of #bjai4 #b4 ,sealing of certain records 7a7 ,amendment ,subchapter ,a of chapter #bbg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #cefj4 ,automatic sealing of certain records 7a7 ,definitions ,in this section-- 7#a7 the term covered individual means an individual who-- 7,a7 is not a sex offender2 7,b7 7i7 has been arrested for a ,federal offense2 or 7ii7 has been convicted of an offense under section #djd of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hdd7 or any ,federal nonviolent offense involving marijuana2 7,c7 in the case of a conviction described in subparagraph 7,b77ii71 has fulfilled each requirement of the sentence for the offense1 including-- 7i7 completing each term of imprisonment1 probation1 or supervised release2 and 7ii7 satisfying each condition of imprisonment1 probation1 or supervised release2 and 7,d7 has not been convicted for any offense related to treason1 terrorism1 access and transmission of sensitive defense information1 or other national security related convictions2 7#b7 the term nonviolent offense means an offense that is not a crime of violence1 as defined in subparagraphs 7,a7 and 7,c7 of section #caef7;a77#d72 and 7#c7 the term sex offender has the meaning given the term in section #aaa of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#db ,u4,s4,c4 #afiaa74 7b7 ,automatic sealing for certain arrests and nonviolent offenses 7#a7 ,in general ,at the time of sentencing of a covered individual for a conviction pursuant to section #djd of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hdd7 or of any ,federal nonviolent offense involving marijuana1 the court shall enter an order that each record and portion thereof that relates to the offense shall be sealed automatically on the date that is one year after the covered individual fulfills each requirement of the sentence1 except that such record shall not be sealed if the individual has been convicted of a subsequent criminal offense4 7#b7 ,acquittal2 determination not to file charges 7,a7 ,acquittal ,sixty days after the date on which a covered individual is acquitted1 exonerated1 or otherwise subject to a judgment which did not result in a conviction for a ,federal offense1 each record or portion thereof that relates to the ,federal offense shall be sealed automatically4 7,b7 ,determination not to file charges 7i7 ,in general ,if a covered individual is arrested for a ,federal offense and the ,government does not file charges against the covered individual in relation to the ,federal offense before the date that is #ahj days after the date on which the arrest was made1 each record or portion thereof that relates to the arrest and ,federal offense shall be sealed automatically on such date4 7ii7 ,unsealing for filing of charges ,at the request of the ,government1 a court may unseal a record sealed under clause 7i7 in order for the ,government to file charges against the covered individual in relation to the ,federal offense described in clause 7i74 7iii7 ,limitation ,if a record is unsealed under clause 7ii71 the record may only be resealed in accordance with subparagraph 7,a71 paragraph 7#a71 or paragraph 7#b74 7c7 ,notice of automatic sealing ,not later than #fj days after an individual is arrested for a ,federal offense1 the ,attorney ,general shall1 in writing1 inform the individual of the automatic sealing of records and the effect of such sealing under this section4 7d7 ,effect of sealing order 7#a7 ,protection from access ,except as provided in paragraph 7#c71 a record that has been sealed under subsection 7b7 shall not be accessible to any person4 7#b7 ,protection from perjury laws 7,a7 ,in general ,except as provided in subparagraph 7,b71 a covered individual with respect to whom a record has been sealed under subsection 7b7 shall not be required to disclose such information1 and 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 under section #ajja1 #afba1 #afbb1 or #afbc1 for failing to recite or acknowledge any information that has been sealed with respect to the offense1 or respond to any inquiry made of the covered individual1 relating to the protected information4 7,b7 ,exception ,a covered individual shall disclose information contained in a record that has been sealed under subsection 7b7-- 7i7 when testifying in court2 7ii7 in the course of questioning by a law enforcement officer in connection with a subsequent criminal investigation2 or 7iii7 in connection with employment described in subclause 7,i7 or 7,,ii7 of paragraph 7#c77;,a77ii7 that the individual is seeking4 7#c7 ,background checks ,except as provided in paragraph 7#d71 a sealed record of a covered individual shall not be included in any background check conducted on the covered individual4 7#d7 ,law enforcement and court exception 7,a7 ,access ,an officer or employee of a law enforcement agency or a court may access a sealed record of a covered individual in the possession of the agency or court1 or another law enforcement agency or court1 solely-- 7i7 for investigatory or prosecutorial purposes2 or 7ii7 for a background check that relates to-- 7,i7 employment with a law enforcement agency2 or 7,,ii7 any position that a ,federal agency designates as a-- 7aa7 national security position2 or 7bb7 high-risk1 public trust position4 7,b7 ,disclosure ,an officer or employee of a law enforcement agency or a court may disclose information contained in a sealed record only in order to carry out the purposes described in subparagraph 7,a74 7e7 ,penalty for unauthorized disclosure 7#a7 ,in general ,whoever knowingly accesses or discloses information contained in a sealed record in a manner that is prohibited under this section1 shall be fined under this title1 imprisoned for not more than #a year1 or both4 7#b7 ,rule of construction ,nothing in this subsection prevents a covered individual or an individual who was the victim of an offense from accessing or disclosing information contained in a sealed record4 7f7 ,rulemaking ,the ,attorney ,general shall1 by rule1 establish a process to ensure that any record in the possession of a ,federal agency required to be sealed under this section1 is automatically sealed in accordance with this section4 7g7 ,applicability ,this section shall apply to an arrest or conviction that occurred or was entered before1 on1 or after the date of enactment of this section4 ,not later than #b years after the date of the enactment of this section1 the ,attorney ,general shall ensure that any record related to an arrest or conviction that occurred or was entered prior to the automatic sealing of such a record1 which record is required to be sealed under this section1 is so sealed4 7h7 ,employer immunity from liability ,an employer who employs or otherwise engages an individual whose criminal records were sealed pursuant to this section shall be immune from liability for any claim arising out of the misconduct of the individual1 if the misconduct relates to the portion of the criminal records that were sealed pursuant to this section4 7i7 ,establishment of partnerships 7#a7 ,in general ,the ,administrative ,office of the ,united ,states ,courts may enter into a contract with or make grants to an organization with expertise in creating digital and technological systems to develop an efficient and effective process for automatically sealing records in accordance with this section4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to #b1jjj1jjj to carry out this subsection4 #cefa4 ,sealing of certain records upon petition 7a7 ,definitions ,in this section-- 7#a7 the term covered nonviolent offense means a ,federal criminal offense that is not-- 7,a7 a crime of violence 7as defined in subparagraphs 7,a7 and 7,c7 of section #caef7;a77#d772 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 convicted of a covered nonviolent offense2 7,b7 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 has not been convicted of more than #b felonies that are covered nonviolent offenses1 including any such convictions that have been sealed 7except that for purposes of this subparagraph1 two or more felony convictions that are covered nonviolent offenses arising out of the same act1 or acts committed at the same time1 shall be treated as one felony conviction72 7,d7 has not been convicted of any felony that is not a covered nonviolent offense2 and 7,e7 has not been convicted for any offense related to treason1 terrorism1 access and transmission of sensitive defense information1 or other national security related convictions2 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 sealing hearing means a hearing held under subsection 7c77#b72 and 7#f7 the term sealing petition means a petition for a sealing order filed under subsection 7b74 7b7 ,right ,to file sealing petition 7#a7 ,in general ,on and after the date that is #a year after the date on which the eligible individual has fulfilled each requirement described in subsection 7a77#b77;,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 ,notice of opportunity to file petition 7,a7 ,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 subsection 7a77#b77;,b71 the court in which the individual is convicted shall1 in writing1 inform the individual1 on each date described in subparagraph 7,b71 of-- 7i7 that potential eligibility2 7ii7 the necessary procedures for filing the sealing petition2 and 7iii7 the benefits of sealing a record4 7,b7 ,dates ,the dates described in this subparagraph are-- 7i7 the date on which the individual is convicted2 and 7ii7 the date on which the individual has completed every term of imprisonment1 probation1 or supervised release relating to the offense4 7c7 ,procedures 7#a7 ,notification to prosecutor ,if an individual files a petition under subsection 7b71 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 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 offense2 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 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 ,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-- 7i7 shall 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 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 ,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 ,effect of sealing ,subsections 7d7 and 7e7 of section #cefj shall apply to any record that is sealed under this section4 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 7d7 ,rule of construction ,nothing in this section may be construed to require a covered individual 7as such term is defined in section #cefj7 to submit a sealing petition with respect to records required to be automatically sealed under section #cefj4 7e7 ,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-- 7#a7 describes-- 7,a7 the number of sealing petitions granted and denied under this section2 and 7,b7 the number of instances in which the office of a ,united ,states attorney supported or opposed a sealing petition2 7#b7 includes any supporting data that the court determines relevant and that does not name any petitioner2 and 7#c7 disaggregates all relevant data by race1 ethnicity1 gender1 and the nature of the offense4 7f7 ,employer immunity from liability ,an employer who employs or otherwise engages an individual whose criminal records were sealed pursuant to this section shall be immune from liability for any claim arising out of the misconduct of the individual1 if the misconduct relates to the portion of the criminal records that were sealed pursuant to this section4 4 7b7 ,table of sections ,the table of sections for subchapter ,a of chapter #bbg of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #ceei the following3 #cefj4 ,automatic sealing of certain records4 #cefa4 ,sealing of certain records upon petition4 4