,i #aafth ,,congress #ast ,session ,h4 ,r4 #bdaj ,,in ,,the ,,house ,,of ,,representatives ,april #cj1 #bjai ,mr4 ,cummings 7for himself1 ,mr4 ,nadler1 and ,ms4 ,bass7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,agriculture1 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 title ,this ,act may be cited as the ,record ,expungement ,designed to ,enhance ,employment ,act of #bjai or the ,,redeem ,act4 #b4 ,sealing of criminal records 7a7 ,finding ,congress finds that the definition of the term crime of violence recommended by the ,united ,states ,sentencing ,commission in the report entitled ,report to the ,congress3 ,career ,offender ,sentencing ,enhancements1 published in ,august #bjaf1 is clearer and more specific than the definitions currently used in title #ah1 ,united ,states ,code1 and should be used to determine the type of offenses eligible for sealing under the amendments made by this section4 7b7 ,amendment ,chapter #bbi of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 ,e ,sealing of ,criminal ,records ,sec4 #cfda4 ,definitions2 eligible individuals4 #cfdb4 ,automatic sealing of records of nonviolent drug offenses4 #cfdc4 ,sealing petition4 #cfdd4 ,effect of sealing order4 #cfda4 ,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 violence2 or 7,b7 a sex offense1 as defined in section #aaa of the ,sex ,offender ,registration and ,notification ,act 7#cd ,u4,s4,c4 #bjiaa72 7#b7 the term crime of violence means any offense under ,federal or ,state law1 punishable by imprisonment for a term exceeding #a year1 that-- 7,a7 has as an element the use1 attempted use1 or threatened use of physical force against the person of another2 or 7,b7 is-- 7i7 murder2 7ii7 voluntary manslaughter2 7iii7 kidnapping2 7iv7 aggravated assault2 7v7 a forcible sex offense2 7vi7 robbery2 7vii7 arson2 7viii7 extortion2 or 7ix7 the use or unlawful possession of-- 7,i7 a firearm1 as defined in section #ehde7;a7 of the ,internal ,revenue ,code of #aihf2 or 7,,ii7 explosive materials1 as defined in section #hda7;c72 7#c7 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#d7 the term petitioner means an individual who files a sealing petition2 7#e7 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#f7 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 #cfdd1 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#g7 the term sealing hearing means a hearing held under section #cfdc7;b77#b72 and 7#h7 the term sealing petition means a petition for a sealing order filed under section #cfdc7;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 appropriate committees of ,congress a report that describes the exercise of discretion by the court under subparagraph 7,b71 with all relevant data disaggregated by race1 ethnicity1 gender1 and the nature of the offense4 #cfdb4 ,automatic sealing of records of nonviolent drug offenses 7a7 ,definition ,in this section1 the term convicted of a nonviolent drug offense1 with respect to an individual-- 7#a7 means the individual is convicted of a covered nonviolent offense that is an offense under the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #iea et seq471 or chapter #gje of title #df2 and 7#b7 does not include a conviction with respect to which the court applied a sentencing enhancement under section #b;,d#a4a7;b77#b7 of the ,federal sentencing guidelines 7relating to the use of violence or the threat or direction to use violence74 7b7 ,automatic sealing ,five years after the date on which an eligible individual who is convicted of a nonviolent drug offense completes every term of imprisonment1 probation1 or supervised release ordered by the court with respect to the offense1 the court shall order the sealing of each record or portion thereof that relates to the offense if the individual-- 7#a7 has not been convicted of a crime or adjudicated delinquent for an act of juvenile delinquency since the date of the conviction2 and 7#b7 is not engaged in active criminal court proceedings or juvenile delinquency proceedings4 7c7 ,automatic nature of sealing ,the order of sealing under subsection 7b7 shall require no action by the individual whose records are to be sealed4 7d7 ,notice of automatic sealing ,a court that orders the sealing of a record of an individual under subsection 7b7 shall1 in writing1 inform the individual 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 #cfdc4 ,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 #cfda7;a77#b77;,b71 the court in which the individual is convicted shall1 in writing1 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 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 ,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 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 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 ,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 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 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 #cfdd4 ,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 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 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 use 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 7c7 ,applicability ,sections #cfdb and #cfdc of title #ah1 ,united ,states ,code1 as added by subsection 7b71 shall apply with respect to a covered nonviolent offense 7as defined in section #cfda7;a7 of such title7 that is committed or alleged to have been committed before1 on1 or after the date of enactment of this ,act4 7d7 ,transition period for hearings deadline ,during the #a-year period beginning on the date of enactment of this ,act1 section #cfdc7;b77#b77;,a7 of title #ah1 ,united ,states ,code1 as added by subsection 7b71 shall be applied by substituting #a year for #ahj days4 7e7 ,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 ,e4 ,sealing of ,criminal ,records#cfda 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 #ejde7;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 #ejde7;b77#b77;,b72 7#f7 the term expungement petition means a petition for expungement filed under section #ejde7;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#cd ,u4,s4,c4 #aaajc772 or 7,b7 a sex offense 7as defined in section #aaa of the ,sex ,offender ,registration and ,notification ,act 7#cd ,u4,s4,c4 #bjiaa772 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 #ejdd7;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 #ejdd7;b77#b77;,b72 and 7#ad7 the term sealing petition means a petition for a sealing order filed under section #ejdd7;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 #ejdd4 ,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 shall1 in writing1 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 shall1 in writing1 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 to prosecutor ,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 and 7ii7 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 #ahj days after the date on which a person files a sealing petition1 the court shall-- 7,i7 except as provided in clause 7iii71 conduct a hearing in accordance with clause 7ii72 and 7,,ii7 determine whether to enter a sealing order for the person in accordance with subparagraph 7,c74 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 ,other individuals ,an individual who receives notice under subparagraph 7,a77ii7 may testify or offer evidence at the sealing hearing as to the issues described in subclauses 7,i7 and 7,,ii7 of that subparagraph4 7iii7 ,waiver of hearing ,if the petitioner and the ,attorney ,general so agree1 the court shall make a determination under subparagraph 7,c7 without a hearing4 7,c7 ,basis for decision ,the court shall determine whether to grant the sealing petition after considering-- 7i7 the sealing petition and any documents in the possession of the court2 7ii7 all the evidence and testimony presented at the sealing hearing1 if such a hearing is conducted2 7iii7 the best interests of the petitioner2 7iv7 the age of the petitioner during his or her contact with the court or any law enforcement agency2 7v7 the nature of the juvenile nonviolent offense2 7vi7 the disposition of the case2 7vii7 the manner in which the petitioner participated in any court-ordered rehabilitative programming or supervised services2 7viii7 the length of the time period during which the petitioner has been without contact with any court or law enforcement agency2 7ix7 whether the petitioner has had any criminal or juvenile delinquency involvement since the disposition of the juvenile delinquency proceeding2 and 7x7 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 ,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 ,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 7ii7 includes any supporting data that the court determines relevant and that does not name any petitioner2 and 7iii7 disaggregates all relevant data by race1 ethnicity1 gender1 and the nature of the offense4 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 known to the court that possesses a record relating to the offense1 including each-- 7i7 law enforcement agency2 and 7ii7 public or private correctional or detention facility2 7,b7 in the sealing order1 require each entity or person described in subparagraph 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 subparagraph 7,b77ii71 notify the petitioner that each entity or person described in subparagraph 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 position that a ,federal agency designates as a-- 7,i7 national security position2 or 7,,ii7 high-risk1 public trust position4 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 ,criminal and juvenile proceedings ,a prosecutor may disclose information from a juvenile record sealed under this section if the information pertains to a potential witness in a ,federal or ,state-- 7,i7 criminal proceeding2 or 7,,ii7 juvenile delinquency proceeding4 7iv7 ,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 #ejde4 ,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 shall1 in writing1 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 and 7ii7 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 #ahj days after the date on which a person files an expungement petition1 the court shall-- 7,i7 except as provided in clause 7iii71 conduct a hearing in accordance with clause 7ii72 and 7,,ii7 determine whether to enter an expungement order for the person in accordance with subparagraph 7,c74 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 ,other individuals ,an individual who receives notice under subparagraph 7,a77ii7 may testify or offer evidence at the expungement hearing as to the issues described in subclauses 7,i7 and 7,,ii7 of that subparagraph4 7,c7 ,basis for decision ,the court shall determine whether to grant an expungement petition after considering-- 7i7 the petition and any documents in the possession of the court2 7ii7 all the evidence and testimony presented at the expungement hearing1 if such a hearing is conducted2 7iii7 the best interests of the petitioner2 7iv7 the age of the petitioner during his or her contact with the court or any law enforcement agency2 7v7 the nature of the juvenile nonviolent offense2 7vi7 the disposition of the case2 7vii7 the manner in which the petitioner participated in any court-ordered rehabilitative programming or supervised services2 7viii7 the length of the time period during which the petitioner has been without contact with any court or any law enforcement agency2 7ix7 whether the petitioner has had any criminal or juvenile delinquency involvement since the disposition of the juvenile delinquency proceeding2 and 7x7 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 ,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 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 7ii7 includes any supporting data that the court determines relevant and that does not name any petitioner2 and 7iii7 disaggregates all relevant data by race1 ethnicity1 gender1 and the nature of the offense4 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 known to the court that possesses a record relating to the offense1 including each-- 7i7 law enforcement agency2 and 7ii7 public or private correctional or detention facility2 7,b7 in the expungement order1 require each entity or person described in subparagraph 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 subparagraph 7,b77ii71 notify the petitioner that each entity or person described in subparagraph 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 ,criminal and juvenile proceedings ,a prosecutor may disclose information from a juvenile record expunged under this section if the information pertains to a potential witness in a ,federal or ,state-- 7,a7 criminal proceeding2 or 7,b7 juvenile delinquency proceeding4 7#g7 ,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 #ejdd4 ,sealing4 #ejde4 ,expungement4 4 7#c7 ,applicability ,sections #ejdd and #ejde of title #ah1 ,united ,states ,code1 as added by paragraph 7#a71 shall apply with respect to a juvenile nonviolent offense 7as defined in section #ejca of such title1 as amended by subsection 7b77 that is committed or alleged to have been committed before1 on1 or after the date of enactment of this ,act4 7e7 ,juvenile solitary confinement ,chapter #djc of title #ah1 ,united ,states ,code1 as amended by this section1 is further amended by striking section #ejdc and inserting the following3 #ejdc4 ,juvenile solitary confinement 7a7 ,definitions ,in this section-- 7#a7 the term covered juvenile means-- 7,a7 a juvenile who-- 7i7 is being proceeded against under this chapter for an alleged act of juvenile delinquency2 or 7ii7 has been adjudicated delinquent under this chapter2 or 7,b7 a juvenile who is being proceeded against as an adult in a district court of the ,united ,states for an alleged criminal offense2 7#b7 the term juvenile facility means any facility where covered juveniles are-- 7,a7 committed pursuant to an adjudication of delinquency under this chapter2 or 7,b7 detained prior to disposition or conviction2 and 7#c7 the term room confinement means the involuntary placement of a covered juvenile alone in a cell1 room1 or other area for any reason4 7b7 ,prohibition on room confinement in juvenile facilities 7#a7 ,in general ,the use of room confinement at a juvenile facility for discipline1 punishment1 retaliation1 or any reason other than as a temporary response to a covered juvenile's behavior that poses a serious and immediate risk of physical harm to any individual1 including the covered juvenile1 is prohibited4 7#b7 ,juveniles posing risk of harm 7,a7 ,requirement to use least restrictive techniques 7i7 ,in general ,before a staff member of a juvenile facility places a covered juvenile in room confinement1 the staff member shall attempt to use less restrictive techniques1 including-- 7,i7 talking with the covered juvenile in an attempt to de-escalate the situation2 and 7,,ii7 permitting a qualified mental health professional1 or a staff member who has received training in de-escalation techniques and trauma-informed care1 to talk to the covered juvenile4 7ii7 ,explanation ,if1 after attempting to use less restrictive techniques as required under clause 7i71 a staff member of a juvenile facility decides to place a covered juvenile in room confinement1 the staff member shall first-- 7,i7 explain to the covered juvenile the reasons for the room confinement2 and 7,,ii7 inform the covered juvenile that release from room confinement will occur-- 7aa7 immediately when the covered juvenile regains self-control1 as described in subparagraph 7,b77i72 or 7bb7 not later than after the expiration of the time period described in subclause 7,i7 or 7,,ii7 of subparagraph 7,b77ii71 as applicable4 7,b7 ,maximum period of confinement ,if a covered juvenile is placed in room confinement because the covered juvenile poses a serious and immediate risk of physical harm to himself or herself1 or to others1 the covered juvenile shall be released-- 7i7 immediately when the covered juvenile has sufficiently gained control so as to no longer engage in behavior that threatens serious and immediate risk of physical harm to himself or herself1 or to others2 or 7ii7 if a covered juvenile does not sufficiently gain control as described in clause 7i71 not later than-- 7,i7 #c hours after being placed in room confinement1 in the case of a covered juvenile who poses a serious and immediate risk of physical harm to others2 or 7,,ii7 #cj minutes after being placed in room confinement1 in the case of a covered juvenile who poses a serious and immediate risk of physical harm only to himself or herself4 7,c7 ,risk of harm after maximum period of confinement ,if1 after the applicable maximum period of confinement under subclause 7,i7 or 7,,ii7 of subparagraph 7,b77ii7 has expired1 a covered juvenile continues to pose a serious and immediate risk of physical harm described in that subclause-- 7i7 the covered juvenile shall be transferred immediately to another juvenile facility or internal location where services can be provided to the covered juvenile without relying on room confinement2 or 7ii7 if a qualified mental health professional believes the level of crisis service needed is not currently available1 a staff member of the juvenile facility shall immediately transport the juvenile to-- 7,i7 an emergency medical facility2 or 7,,ii7 an equivalent location that can meet the needs of the covered juvenile4 7,d7 ,action before expiration of time limit ,nothing in subparagraph 7,c7 shall be construed to prohibit an action described in clause 7i7 or 7ii7 of that subparagraph from being taken before the applicable maximum period of confinement under subclause 7,i7 or 7,,ii7 of subparagraph 7,b77ii7 has expired4 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 access to clean potable water1 toilet facilities1 and hygiene supplies4 7,f7 ,notice 7i7 ,use of room confinement ,not later than #a business day after the date on which a juvenile facility places a covered juvenile in room confinement1 the juvenile facility shall provide notice to the attorney of record for the juvenile4 7ii7 ,transfer ,not later than #bd hours after a covered juvenile is transferred from a juvenile facility to another location1 the juvenile facility shall provide notice to-- 7,i7 the attorney of record for the juvenile2 and 7,,ii7 an authorized parent or guardian of the juvenile4 7,g7 ,spirit and purpose ,the use of consecutive periods of room confinement to evade the spirit and purpose of this subsection shall be prohibited4 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 facilities2 7#b7 describes the number of instances in which physical force1 restraints1 or room confinement are used at juvenile facilities1 disaggregated by race1 ethnicity1 and gender2 and 7#c7 contains a detailed description of steps taken1 in each instance in which room confinement is used at a juvenile facility1 to address and remedy the underlying issue that led to behavioral intervention resulting in the use of room confinement1 including any positive or negative outcomes4 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 ,repeal of ban on assistance ,section #aae of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#ba ,u4,s4,c4 #hfb;a7 is repealed4 7b7 ,effect on ,state elections ,to opt out or limit period of prohibition 7#a7 ,definitions ,in this subsection-- 7,a7 the term ,state has the meaning given the term in section #aae7;e7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#ba ,u4,s4,c4 #hfb;a7e77 7as in effect on the day before the date of enactment of this ,act72 and 7,b7 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 7as in effect on the day before the date of enactment of this ,act74 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 then in effect71 that imposes conditions on eligibility for ,,tanf assistance or ,,snap benefits shall have no force or effect4 #f4 ,state incentives 7a7 ,,cops grants priority ,section #agja of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcha7 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 7n77#a71 from an applicant in a ,state that has in effect-- 7,a7 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 #bjai2 7,b7 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 #bjai2 7,c7 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 #bjai2 7,d7 subject to subsection 7n77#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 7,e7 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 7,f7 a law or policy that ensures to the maximum extent practicable1 for juveniles who have been arrested for or convicted of a criminal offense-- 7i7 equal sentencing guidelines1 without regard to gender2 and 7ii7 equal access1 without regard to gender1 to services1 assistance1 or benefits provided4 2 and 7#b7 by adding at the end the following3 7n7 ,rules for preferential consideration of ,states with laws similar to ,,redeem ,act 7#a7 ,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 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 that subsection that the ,state has satisfied1 relative to the number of such subparagraphs that each other ,state has satisfied4 7#b7 ,juvenile transfer provisions ,subsection 7c77#d77;,d7 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 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 paragraph 7#d7 of section #agja7;c7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcha7;c771 as added by subsection 7a74 #g4 ,gender equality in ,federal juvenile delinquency proceedings 7a7 ,dispositions ,section #ejcg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,gender equality 7#a7 ,policy of the ,united ,states ,it is the policy of the ,united ,states that there should be no disparities based on gender in dispositions of juvenile cases4 7#b7 ,directive to ,sentencing ,commission and courts ,the ,united ,states ,sentencing ,commission1 in promulgating sentencing guidelines and policy statements applicable to dispositions of district courts exercising jurisdiction over juveniles1 and the courts1 in determining such dispositions1 shall take care to avoid and remedy any disparities described in paragraph 7#a74 4 7b7 ,commitments ,section #ejci of title #ah1 ,united ,states ,code1 is amended1 in the second paragraph1 by adding at the end the following3 ,the ,attorney ,general shall promulgate regulations that ensure1 to the maximum extent practicable1 equal access1 without regard to gender1 to services1 assistance1 or benefits provided1 to juveniles who have been arrested under ,federal authority1 or committed pursuant to an adjudication under this chapter1 for juvenile delinquency44 #h4 ,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 occupational licensing1 occupational certification1 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 law enforcement employment4 7#b7 ,incomplete or inaccurate records ,the ,attorney ,general shall establish and enforce procedures to ensure the prompt release of accurate records exchanged for civil purposes through the records system created under this section4 7#c7 ,required procedures ,the procedures established under paragraph 7#b7 shall include the following3 7,a7 ,inaccurate record or information ,if the ,attorney ,general determines that a record is inaccurate1 the ,attorney ,general shall1 not later than #aj days after the date on which the requesting entity requests the exchange and before the exchange is made1 promptly correct the record1 including by making deletions to the record if appropriate4 7,b7 ,incomplete record 7i7 ,in general ,if the ,attorney ,general determines that a record is incomplete or cannot be verified1 the ,attorney ,general-- 7,i7 shall attempt to complete or verify the record2 and 7,,ii7 if unable to complete or verify the record1 may promptly make any changes or deletions to the record4 7ii7 ,lack of disposition of arrest ,for purposes of this subparagraph1 an incomplete record includes a record that indicates there was an arrest and does not include the disposition of the arrest4 7iii7 ,obtaining disposition of arrest ,if the ,attorney ,general determines that a record is an incomplete record described in clause 7ii71 the ,attorney ,general shall1 not later than #aj days after the date on which the requesting entity requests the exchange and before the exchange is made1 obtain the disposition 7if any7 of the arrest4 7,c7 ,notification of reporting jurisdiction ,the ,attorney ,general shall notify each appropriate reporting jurisdiction of any action taken under subparagraph 7,a7 or 7,b74 7,d7 ,opportunity to review records by applicant ,in connection with an exchange of a record under this section1 the ,attorney ,general shall-- 7i7 obtain the consent of the applicant to exchange the record with the requesting entity2 7ii7 at the time of consent1 notify the applicant that the applicant can obtain a copy of the record2 7iii7 provide to the applicant an opportunity to-- 7,i7 obtain a copy of the record upon request2 and 7,,ii7 challenge the accuracy and completeness of the record2 7iv7 promptly notify the requesting entity of any such challenge2 7v7 not later than #cj days after the date on which the challenge is made1 complete an investigation of the challenge2 7vi7 provide to the applicant the specific findings and results of that investigation2 7vii7 promptly make any changes or deletions to the records required as a result of the challenge2 and 7viii7 report those changes to the requesting entity4 7,e7 ,certain exchanges prohibited ,an exchange shall not include any record-- 7i7 about an arrest more than #b years old as of the date of the request for the exchange1 that does not also include a disposition 7if any7 of that arrest2 7ii7 relating to an adult or juvenile non-serious offense of the sort described in section #bj4cb7;b7 of title #bh1 ,code of ,federal ,regulations1 as in effect on ,july #a1 #bjji2 or 7iii7 to the extent the record is not clearly an arrest or a disposition of an arrest4 7#d7 ,fees ,the ,attorney ,general may collect a reasonable fee for an exchange of records for civil purposes through the records system created under this section to defray the costs associated with exchanges for those purposes1 including any costs associated with the investigation of inaccurate or incomplete records4 4 7b7 ,regulations on reasonable procedures ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general shall issue regulations to carry out section #ecd7;g7 of title #bh1 ,united ,states ,code1 as added by subsection 7a74 7c7 ,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 subsection 7g7 of section #ecd of title #bh1 ,united ,states ,code1 as added by subsection 7a71 that includes-- 7#a7 the number of exchanges of records for civil purposes made with entities in each ,state through the records system created under such section #ecd2 7#b7 any prolonged failure of a reporting jurisdiction to comply with a request by the ,attorney ,general for information about dispositions of arrests2 and 7#c7 the numbers of successful and unsuccessful challenges to the accuracy and completeness of records1 organized by ,state of origination of each record4 #i4 ,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 waive1 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