,,ii #aaith ,,congress #ast ,session ,s4 #cdhb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ae1 #bjbe,mr4 ,durbin 7for himself and ,mr4 ,grassley7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to reform sentencing laws and correctional institutions1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,first ,step ,implementation ,act of #bjbe4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,sentencing reform,sec4 #aja4 ,application of ,first ,step ,act4,sec4 #ajb4 ,modifying safety valve for drug offenses4,,title ,,ii--,corrections ,reform,sec4 #bja4 ,parole for juveniles4,sec4 #bjb4 ,juvenile sealing and expungement4,sec4 #bjc4 ,ensuring accuracy of ,federal criminal records4 ,i ,sentencing reform #aja4 ,application of ,first ,step ,act 7a7 ,definitions ,in this section-- 7#a7 the term covered offense means-- 7,a7 a violation of a ,federal criminal statute1 the statutory penalties for which were modified by section #dja or #djc of the ,first ,step ,act of #bjah 7,public ,law #aae-cia2 #acb ,stat4 #ebbj71 that was committed on or before ,december #ba1 #bjah2 or 7,b7 a violation of a ,federal criminal statute1 the statutory penalties for which are modified by subsection 7b7 of this section2 and 7#b7 the term serious violent felony has the meaning given that term in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7b7 ,amendments 7#a7 ,in general 7,a7 ,controlled ,substances ,act ,section #dja7;b7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;b77 is amended-- 7i7 in paragraph 7#a7-- 7,i7 in subparagraph 7,c71 by striking felony drug offense and inserting serious drug felony or serious violent felony2 7,,ii7 in subparagraph 7,d71 by striking felony drug offense and inserting serious drug felony or serious violent felony2 and 7,,iii7 in subparagraph 7,e77ii71 by striking felony drug offense and inserting serious drug felony or serious violent felony2 7ii7 in paragraph 7#b71 by striking felony drug offense and inserting serious drug felony or serious violent felony2 and 7iii7 in paragraph 7#c71 by striking felony drug offense and inserting serious drug felony or serious violent felony4 7,b7 ,controlled ,substances ,import and ,export ,act ,section #ajaj7;b77#c7 of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ifj7;b77#c77 is amended by striking felony drug offense and inserting serious drug felony or serious violent felony4 7#b7 ,pending cases ,this subsection1 and the amendments made by this subsection1 shall apply to any sentence imposed on or after the date of enactment of this ,act1 regardless of when the offense was committed4 7c7 ,defendants previously sentenced ,a court that imposed a sentence for a covered offense may1 on motion of the defendant1 the ,director of the ,bureau of ,prisons1 the attorney for the ,government1 or the court1 impose a reduced sentence as if sections #dja and #djc of the ,first ,step ,act of #bjah 7,public ,law #aae-cia2 #acb ,stat4 #ebbj7 and the amendments made by subsection 7b7 of this section were in effect at the time the covered offense was committed if1 after considering the factors set forth in section #ceec7;a7 of title #ah1 ,united ,states ,code1 the nature and seriousness of the danger to any person1 the community1 or any crime victims1 and the post-sentencing conduct of the defendant1 the sentencing court finds a reduction is consistent with the amendments made by section #dja or #djc of the ,first ,step ,act of #bjah 7,public ,law #aae-cia2 #acb ,stat4 #ebbj7 or with the amendments made by subsection 7b7 of this section4 7d7 ,crime victims ,any proceeding under this section shall be subject to section #cgga of title #ah1 ,united ,states ,code 7commonly known as the ,crime ,victims' ,rights ,act74 7e7 ,requirement ,for each motion filed under subsection 7c71 the ,government shall conduct a particularized inquiry of the facts and circumstances of the original sentencing of the defendant in order to assess whether a reduction in sentence would be consistent with the ,first ,step ,act of #bjah 7,public ,law #aae-cia2 #acb ,stat4 #eaid7 and the amendments made by that ,act1 including a review of any prior criminal conduct or any other relevant information from ,federal1 ,state1 and local authorities4 #ajb4 ,modifying safety valve for drug offenses 7a7 ,amendments ,section #ceec of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7g7 as subsection 7h72 and 7#b7 by inserting after subsection 7f7 the following3 7g7 ,inadequacy of criminal history 7#a7 ,in general ,if subsection 7f7 does not apply to a defendant because the defendant does not meet the requirements described in subsection 7f77#a7 7relating to criminal history71 the court may1 upon prior notice to the ,government1 waive subsection 7f77#a7 if the court specifies in writing the specific reasons why reliable information indicates that excluding the defendant pursuant to subsection 7f77#a7 substantially overrepresents the seriousness of the defendant's criminal history or the likelihood that the defendant will commit other crimes4 7#b7 ,prohibition ,this subsection shall not apply to any defendant who has been convicted of a serious drug felony or a serious violent felony1 as those terms are defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 4 ,,ii ,corrections ,reform #bja4 ,parole for juveniles 7a7 ,in general ,chapter #djc of title #ah1 ,united ,states ,code1 is amended by inserting after section #ejcb the following3 #ejcb;,a4 ,modification of an imposed term of imprisonment for violations of law committed prior to age #ah 7a7 ,in general ,notwithstanding any other provision of law1 a court may reduce a term of imprisonment imposed upon a defendant convicted as an adult for an offense committed and completed before the defendant attained #ah years of age if-- 7#a7 the defendant has served not less than #bj years in custody for the offense2 and 7#b7 the court finds1 after considering the factors set forth in subsection 7c71 that the defendant is not a danger to the safety of any person or the community and that the interests of justice warrant a sentence modification4 7b7 ,supervised release ,any defendant whose sentence is reduced pursuant to subsection 7a7 shall be ordered to serve a period of supervised release of not less than #e years following release from imprisonment4 ,the conditions of supervised release and any modification or revocation of the term of supervise release shall be in accordance with section #cehc4 7c7 ,factors and information ,to be considered in determining whether ,to modify a term of imprisonment ,the court1 in determining whether to reduce a term of imprisonment pursuant to subsection 7a71 shall consider-- 7#a7 the factors described in section #ceec7;a71 including the nature of the offense and the history and characteristics of the defendant2 7#b7 the age of the defendant at the time of the offense2 7#c7 a report and recommendation of the ,bureau of ,prisons1 including information on whether the defendant has substantially complied with the rules of each institution in which the defendant has been confined and whether the defendant has completed any educational1 vocational1 or other prison program1 where available2 7#d7 a report and recommendation of the ,united ,states attorney for any district in which an offense for which the defendant is imprisoned was prosecuted2 7#e7 whether the defendant has demonstrated maturity1 rehabilitation1 and a fitness to reenter society sufficient to justify a sentence reduction2 7#f7 any statement1 which may be presented orally or otherwise1 by any victim of an offense for which the defendant is imprisoned or by a family member of the victim if the victim is deceased2 7#g7 any report from a physical1 mental1 or psychiatric examination of the defendant conducted by a licensed health care professional2 7#h7 the family and community circumstances of the defendant at the time of the offense1 including any history of abuse1 trauma1 or involvement in the child welfare system2 7#i7 the extent of the role of the defendant in the offense and whether1 and to what extent1 an adult was involved in the offense2 7#aj7 the diminished culpability of juveniles as compared to that of adults1 and the hallmark features of youth1 including immaturity1 impetuosity1 and failure to appreciate risks and consequences1 which counsel against sentencing juveniles to the otherwise applicable term of imprisonment2 and 7#aa7 any other information the court determines relevant to the decision of the court4 7d7 ,limitation on applications pursuant to this section 7#a7 ,second application ,not earlier than #e years after the date on which an order entered by a court on an initial application under this section becomes final1 a court shall entertain a second application by the same defendant under this section4 7#b7 ,final application ,not earlier than #e years after the date on which an order entered by a court on a second application under paragraph 7#a7 becomes final1 a court shall entertain a final application by the same defendant under this section4 7#c7 ,prohibition ,a court may not entertain an application filed after an application filed under paragraph 7#b7 by the same defendant4 7e7 ,procedures 7#a7 ,notice ,the ,bureau of ,prisons shall provide written notice of this section to-- 7,a7 any defendant who has served not less than #ai years in prison for an offense committed and completed before the defendant attained #ah years of age for which the defendant was convicted as an adult2 and 7,b7 the sentencing court1 the ,united ,states attorney1 and the ,federal ,public ,defender or ,executive ,director of the ,community ,defender ,organization for the judicial district in which the sentence described in subparagraph 7,a7 was imposed4 7#b7 ,crime victims' rights ,upon receiving notice under paragraph 7#a71 the ,united ,states attorney shall provide any notifications required under section #cgga4 7#c7 ,application 7,a7 ,in general ,an application for a sentence reduction under this section shall be filed as a motion to reduce the sentence of the defendant and may include affidavits or other written material4 7,b7 ,requirement ,a motion to reduce a sentence under this section shall be filed with the sentencing court and a copy shall be served on the ,united ,states attorney for the judicial district in which the sentence was imposed4 7#d7 ,expanding the record2 hearing 7,a7 ,expanding the record ,after the filing of a motion to reduce a sentence under this section1 the court may direct the parties to expand the record by submitting additional written materials relating to the motion4 7,b7 ,hearing 7i7 ,in general ,the court shall conduct a hearing on the motion1 at which the defendant and counsel for the defendant shall be given the opportunity to be heard4 7ii7 ,evidence ,in a hearing under this section1 the court may allow parties to present evidence4 7iii7 ,defendant's presence ,at a hearing under this section1 the defendant shall be present unless the defendant waives the right to be present4 ,the requirement under this clause may be satisfied by the defendant appearing by video teleconference4 7iv7 ,counsel ,a defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant for proceedings under this section1 including any appeal1 unless the defendant waives the right to counsel4 7v7 ,findings ,the court shall state in open court1 and file in writing1 the reasons for granting or denying a motion under this section4 7,c7 ,appeal ,the ,government or the defendant may file a notice of appeal in the district court for review of a final order under this section4 ,the time limit for filing such appeal shall be governed by rule #d7;a7 of the ,federal ,rules of ,appellate ,procedure4 7f7 ,educational and rehabilitative programs ,a defendant who is convicted and sentenced as an adult for an offense committed and completed before the defendant attained #ah years of age may not be deprived of any educational1 training1 or rehabilitative program that is otherwise available to the general prison population4 4 7b7 ,table of sections ,the table of sections for chapter #djc of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #ejcb the following3 #ejcb;,a4 ,modification of an imposed term of imprisonment for violations of law committed prior to age #ah4 4 7c7 ,applicability ,the amendments made by this section shall apply to any conviction entered before1 on1 or after the date of enactment of this ,act4 #bjb4 ,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 means to destroy a record and obliterate the name of the person to whom the record pertains from each official index or public 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 high-risk1 public trust position means a position designated as a public trust position under section #gca4ajf7;b7 of title #e1 ,code of ,federal ,regulations1 or any successor regulation2 7#h7 the term juvenile means-- 7,a7 except as provided in subparagraph 7,b71 a person who has not attained the age of #ah years2 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 #ba years2 7#i7 the term juvenile delinquency means the violation of a law of the ,united ,states committed by a person before attaining the age of #ah years which would have been a crime if committed by an adult1 or a violation by such a person of section #ibb7x72 7#aj7 the term juvenile nonviolent offense means-- 7,a7 in the case of an arrest or an adjudication that is dismissed or finds the juvenile to be not delinquent1 an act of juvenile delinquency that is not-- 7i7 a criminal homicide1 forcible rape or any other sex offense 7as defined in section #aaa of the ,sex ,offender ,registration and ,notification ,act 7#cd ,u4,s4,c4 #bjiaa771 kidnapping1 aggravated assault1 robbery1 burglary of an occupied structure1 arson1 or a drug trafficking crime in which a firearm was used2 or 7ii7 a ,federal crime of terrorism 7as defined in section #bccb;b7g772 and 7,b7 in the case of an adjudication that finds the juvenile to be delinquent1 an act of juvenile delinquency that is not-- 7i7 described in clause 7i7 or 7ii7 of subparagraph 7,a72 or 7ii7 a misdemeanor crime of domestic violence 7as defined in section #iba7;a77#cc772 7#aa7 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 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 and 7iii7 a law enforcement record1 including a photograph or a ,state criminal justice information system record2 and 7,c7 does not include-- 7i7 fingerprints2 or 7ii7 a ,,dna sample2 7#ab7 the term petitioner means a person who files an expungement petition or a sealing petition2 7#ac7 the term seal means-- 7,a7 to close a record from public viewing so that the record cannot be examined except by court order2 and 7,b7 to physically seal the record shut and label the record ,,sealed or1 in the case of an electronic record1 the substantive equivalent2 7#ad7 the term sealing hearing means a hearing held under section #ejdd7;b77#b77;,b72 and 7#ae7 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 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 offense1 unless the person-- 7i7 has been convicted of a crime or adjudicated delinquent for an act of juvenile delinquency since the date of the disposition2 or 7ii7 is engaged in active criminal court proceedings or juvenile delinquency proceedings4 7,b7 ,notice of opportunity to file petition ,if a person is adjudicated delinquent for a juvenile nonviolent offense1 the court in which the person is adjudicated 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 adjudicated 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 ,if 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 indigent petitioners ,if the court determines that the petitioner is indigent1 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 the ,director of the ,administrative ,office of the ,united ,states ,courts 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 ,director 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 is 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 ,protection from disclosure ,except as provided in paragraphs 7#c7 and 7#d71 if a court orders the sealing of a juvenile record of a person under subsection 7a7 or 7b7 with respect to a juvenile nonviolent offense1 the proceedings in the case shall be deemed never to have occurred1 and the person may properly reply accordingly to any inquiry about the events the records of which are ordered sealed4 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 ,law enforcement access to sealed records 7,a7 ,in general ,except as provided in subparagraph 7,b71 a law enforcement agency may access a sealed juvenile record in the possession of the agency or another law enforcement agency solely-- 7i7 to determine whether the person who is the subject of the record is a nonviolent offender eligible for a first-time-offender diversion program2 7ii7 for investigatory or prosecutorial purposes2 or 7iii7 for a background check that relates to-- 7,i7 law enforcement employment2 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 ,transition period ,during the #a-year period beginning on the date on which a court orders the sealing of a juvenile record under this section1 a law enforcement agency may1 for law enforcement purposes1 access the record if the record is in the possession of the agency or another law enforcement agency4 7#d7 ,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 ,in the case of a background check for law enforcement employment or for any employment that requires a government security clearance-- 7,i7 a person who is the subject of a juvenile record sealed under this section shall disclose the contents of the record2 and 7,,ii7 a law enforcement agency that possesses a juvenile record sealed under this section-- 7aa7 may disclose the contents of the record2 and 7bb7 if the agency obtains or is subject to a court order authorizing disclosure of the record1 may disclose the record4 7ii7 ,disclosure to ,armed ,forces ,a person1 including a law enforcement agency that possesses a juvenile record sealed under this section1 may disclose information from a juvenile record sealed under this section 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 or other law enforcement officer may disclose information from a juvenile record sealed under this section1 and a person who is the subject of a juvenile record sealed under this section may be required to testify or otherwise disclose information about the record1 in a criminal or other proceeding if such disclosure is required by the ,constitution of the ,united ,states1 the constitution of a ,state1 or a ,federal or ,state statute or rule4 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 7d7 ,limitation relating to subsequent incidents 7#a7 ,after filing and before petition granted ,if1 after the date on which a person files a sealing petition with respect to a juvenile offense and before the court determines whether to grant the petition1 the person is convicted of a crime1 adjudicated delinquent for an act of juvenile delinquency1 or engaged in active criminal court proceedings or juvenile delinquency proceedings1 the court shall deny the petition4 7#b7 ,after petition granted ,if1 on or after the date on which a court orders the sealing of a juvenile record of a person under subsection 7b71 the person is convicted of a crime or adjudicated delinquent for an act of juvenile delinquency-- 7,a7 the court shall-- 7i7 vacate the order2 and 7ii7 notify the person who is the subject of the juvenile record1 and each entity or person described in subsection 7c77#b77;,a71 that the order has been vacated2 and 7,b7 the record shall no longer be sealed4 7e7 ,inclusion of ,state juvenile delinquency adjudications and proceedings ,for purposes of subparagraphs 7,a7 and 7,b7 of subsection 7a77#a71 clauses 7i7 and 7ii7 of subsection 7b77#a77;,a71 subsection 7b77#b77;,c77ix71 and paragraphs 7#a7 and 7#b7 of subsection 7d71 the term juvenile delinquency includes the violation of a law of a ,state committed by a person before attaining the age of #ah years which would have been a crime if committed by an adult4 #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 age and completes every term of probation1 official detention1 or juvenile delinquent supervision ordered by the court with respect to the offense before attaining #ah 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 by a ,federal law enforcement agency for a juvenile nonviolent offense for which a juvenile delinquency proceeding is not instituted under this chapter1 and for which the ,united ,states does not proceed against the juvenile as an adult in a district court of the ,united ,states1 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 a juvenile nonviolent 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 chapter or finds a juvenile not to be delinquent in a juvenile delinquency proceeding under this chapter1 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 record4 7b7 ,petitioning for expungement of nonviolent offenses 7#a7 ,in general ,a person who is adjudicated 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 offense unless the person-- 7,a7 has been convicted of a crime or adjudicated delinquent for an act of juvenile delinquency since the date of the disposition2 7,b7 is engaged in active criminal court proceedings or juvenile delinquency proceedings2 or 7,c7 has had not less than #b adjudications of delinquency previously expunged under this section4 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 ,if 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 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 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 indigent petitioners ,if the court determines that the petitioner is indigent1 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 the ,director of the ,administrative ,office of the ,united ,states ,courts 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 ,director 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 is 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 ,protection from disclosure ,except as provided in paragraphs 7#d7 through 7#h71 if a court orders the expungement of a juvenile record of a person under subsection 7a7 or 7b7 with respect to a juvenile nonviolent offense1 the proceedings in the case shall be deemed never to have occurred1 and the person may properly reply accordingly to any inquiry about the events the records of which are ordered expunged4 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 order-- 7i7 require each entity or person described in subparagraph 7,a7 to-- 7,i7 seal the record for #a year and1 during that #a-year period1 apply paragraphs 7#c7 and 7#d7 of section #ejdd7;c7 with respect to the record2 7,,ii7 on the date that is #a year after the date of the order1 destroy the record unless a subsequent incident described in subsection 7d77#b7 occurs2 and 7,,iii7 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 and 7ii7 explain that if a subsequent incident described in subsection 7d77#b7 occurs1 the order shall be vacated and-- 7,i7 if the incident occurs during the #a-year period described in clause 7i77,i7 of this subparagraph1 the record shall no longer be sealed2 or 7,,ii7 if the record has been expunged because the incident occurs after the #a-year period described in clause 7i77,i7 of this subparagraph1 the record shall not be treated as having been expunged2 7,c7 on the date that is #a year after the date of the order1 destroy each paper and electronic copy of the record in the possession of the court unless a subsequent incident described in subsection 7d77#b7 occurs2 and 7,d7 after receiving a written certification from each entity or person under subparagraph 7,b77i77,,iii71 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 ,on and after the date that is #a year after the date on which a court orders the expungement of a juvenile record of a person under this section1 in the case of an inquiry relating to the juvenile record1 the court1 each law enforcement officer1 any agency that provided treatment or rehabilitation services to the person1 and the person 7except as provided in paragraphs 7#d7 through 7#h77 shall reply to the inquiry that no such juvenile record exists4 7#d7 ,civil actions 7,a7 ,in general ,on and after the date on which a court orders the expungement of a juvenile record of a person under this section1 if the person brings an action against a law enforcement agency that arrested1 or participated in the arrest of1 the person for the offense to which the record relates1 or against the ,state or political subdivision of a ,state of which the law enforcement agency is an agency1 in which the contents of the record are relevant to the resolution of the issues presented in the action1 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 held 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#e7 ,criminal and juvenile proceedings ,on and after the date that is #a year after the date on which a court orders the expungement of a juvenile record under this section1 a prosecutor or other law enforcement officer may disclose underlying information from the juvenile record1 and the person who is the subject of the juvenile record may be required to testify or otherwise disclose information about the record1 in a criminal or other proceeding if such disclosure is required by the ,constitution of the ,united ,states1 the constitution of a ,state1 or a ,federal or ,state statute or rule4 7#f7 ,background checks ,on and after the date that is #a year after the date on which a court orders the expungement of a juvenile record under this section1 in the case of a background check for law enforcement employment or for any employment that requires a government security clearance1 the person who is the subject of the juvenile record may be required to disclose underlying information from the record4 7#g7 ,disclosure to armed forces ,on and after the date that is #a year after the date on which a court orders the expungement of a juvenile record under this section1 a person1 including a law enforcement agency that possessed such a juvenile record1 may be required to disclose underlying information from the 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 7#h7 ,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 7#i7 ,treatment as sealed record during transition period ,during the #a-year period beginning on the date on which a court orders the expungement of a juvenile record under this section1 paragraphs 7#c7 and 7#d7 of section #ejdd7;c7 shall apply with respect to the record as if the record had been sealed under that section4 7d7 ,limitation relating to subsequent incidents 7#a7 ,after filing and before petition granted ,if1 after the date on which a person files an expungement petition with respect to a juvenile offense and before the court determines whether to grant the petition1 the person is convicted of a crime1 adjudicated delinquent for an act of juvenile delinquency1 or engaged in active criminal court proceedings or juvenile delinquency proceedings1 the court shall deny the petition4 7#b7 ,after petition granted ,if1 on or after the date on which a court orders the expungement of a juvenile record of a person under subsection 7b71 the person is convicted of a crime1 adjudicated delinquent for an act of juvenile delinquency1 or engaged in active criminal court proceedings or juvenile delinquency proceedings-- 7,a7 the court that ordered the expungement shall-- 7i7 vacate the order2 and 7ii7 notify the person who is the subject of the juvenile record1 and each entity or person described in subsection 7c77#b77;,a71 that the order has been vacated2 and 7,b7 the record-- 7i7 shall not be expunged2 or 7ii7 if the record has been expunged because #a year has elapsed since the date of the expungement order1 shall not be treated as having been expunged4 7e7 ,inclusion of state juvenile delinquency adjudications and proceedings ,for purposes of subparagraphs 7,a7 and 7,b7 of subsection 7b77#a71 subsection 7b77#b77;,c77ix71 and paragraphs 7#a7 and 7#b7 of subsection 7d71 the term juvenile delinquency includes the violation of a law of a ,state committed by a person before attaining the age of #ah years which would have been a crime if committed by an adult4 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 ,rule of construction ,nothing in the amendments made by this section shall be construed to authorize the sealing or expungement of a record of a criminal conviction of a juvenile who was proceeded against as an adult in a district court of the ,united ,states4 #bjc4 ,ensuring accuracy of ,federal criminal records 7a7 ,in general ,section #ecd of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 ,ensuring accuracy of ,federal criminal records 7#a7 ,definitions 7,a7 ,in general ,in this subsection-- 7i7 the term applicant means the individual to whom a record sought to be exchanged pertains2 7ii7 the term high-risk1 public trust position means a position designated as a public trust position under section #gca4ajf7;b7 of title #e1 ,code of ,federal ,regulations1 or any successor regulation2 7iii7 the term incomplete1 with respect to a record1 means the record-- 7,i7 indicates that an individual was arrested but does not describe the offense for which the individual was arrested2 or 7,,ii7 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 7iv7 the term record means a record or other information collected under this section that relates to-- 7,i7 an arrest by a ,federal law enforcement officer2 or 7,,ii7 a ,federal criminal proceeding2 7v7 the term reporting jurisdiction means any person or entity that provides a record to the ,attorney ,general under this section2 and 7vi7 the term requesting entity-- 7,i7 means a person or entity that seeks the exchange of a record for civil purposes that include employment1 housing1 credit1 or any other type of application2 and 7,,ii7 does not include a law enforcement or intelligence agency that seeks the exchange of a record for-- 7aa7 investigative purposes2 or 7bb7 purposes relating to law enforcement employment4 7,b7 ,rule of construction ,the definition of the term requesting entity under subparagraph 7,a7 shall not be construed to authorize access to records that is not otherwise authorized by law4 7#b7 ,incomplete or inaccurate records ,the ,attorney ,general shall establish and enforce procedures to ensure the prompt release of accurate records exchanged for employment-related 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 shall 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 notify the applicant that the applicant can obtain a copy of the record as described in clause 7ii7 if the applicant demonstrates a reasonable basis for the applicant's review of the record2 7ii7 provide to the applicant an opportunity1 upon request and in accordance with clause 7i71 to-- 7,i7 obtain a copy of the record2 and 7,,ii7 challenge the accuracy and completeness of the record2 7iii7 promptly notify the requesting entity of any such challenge2 7iv7 not later than #cj days after the date on which the challenge is made1 complete an investigation of the challenge2 7v7 provide to the applicant the specific findings and results of that investigation2 7vi7 promptly make any changes or deletions to the record required as a result of the challenge2 and 7vii7 report those changes to the requesting entity4 7,e7 ,certain exchanges prohibited 7i7 ,in general ,an exchange shall not include any record-- 7,i7 except as provided in clause 7ii71 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 7,,ii7 relating to an adult or juvenile nonserious offense of the sort described in section #bj4cb7;b7 of title #bh1 ,code of ,federal ,regulations1 as in effect on ,july #a1 #bjji2 or 7,,iii7 to the extent the record is not clearly an arrest or a disposition of an arrest4 7ii7 ,applicants for sensitive positions ,the prohibition under clause 7i77,i7 shall not apply in the case of a background check that relates to-- 7,i7 law enforcement employment2 or 7,,ii7 any position that a ,federal agency designates as a-- 7aa7 national security position2 or 7bb7 high-risk1 public trust position4 7#d7 ,fees ,the ,attorney ,general may collect a reasonable fee for an exchange of records for employment-related 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 7#a7 ,definition ,in this subsection1 the term record has the meaning given the term in subsection 7g7 of section #ecd of title #bh1 ,united ,states ,code1 as added by subsection 7a74 7#b7 ,report required ,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 employment-related purposes made with entities in each ,state through the records system created under such section #ecd2 7,b7 any prolonged failure of a ,federal agency 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 the ,federal agency from which each record originated4