[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6669 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 6669

To require automatic sealing of certain criminal records, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 14, 2018

 Ms. Blunt Rochester (for herself, Mr. Evans, Ms. Moore, Mr. Rush, Ms. 
  Jackson Lee, Ms. Lee, Ms. Kelly of Illinois, Mr. Danny K. Davis of 
Illinois, Mr. Clay, Mr. David Scott of Georgia, Mr. Al Green of Texas, 
    Ms. Wilson of Florida, Ms. Eddie Bernice Johnson of Texas, Mr. 
Jeffries, Ms. Clarke of New York, Mr. Brown of Maryland, Mrs. Lawrence, 
Mr. Carson of Indiana, Ms. Fudge, Ms. Norton, and Mr. Payne) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
To require automatic sealing of certain criminal records, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Slate Act of 2018''.

SEC. 2. SEALING OF CERTAIN RECORDS.

    (a) Amendment.--Subchapter A of chapter 227 of title 18, United 
States Code, is amended by adding at the end the following:
``Sec. 3560. Automatic sealing of certain records
    ``(a) Definitions.--In this section--
            ``(1) the term `covered individual' means an individual 
        who--
                    ``(A) is not a sex offender;
                    ``(B)(i) has been arrested for a Federal offense; 
                or
                    ``(ii) has been convicted of an offense under 
                section 404 of the Controlled Substances Act (21 U.S.C. 
                844) or any Federal nonviolent offense involving 
                marijuana; and
                    ``(C) in the case of a conviction described in 
                subparagraph (B)(ii), has fulfilled each requirement of 
                the sentence for the offense, including--
                            ``(i) completing each term of imprisonment, 
                        probation, or supervised release; and
                            ``(ii) satisfying each condition of 
                        imprisonment, probation, or supervised release;
            ``(2) the term `nonviolent offense' means an offense that 
        is not a crime of violence, as defined in subsections (a) and 
        (c) of section 3156; and
            ``(3) the term `sex offender' has the meaning given the 
        term in section 111 of the Adam Walsh Child Protection and 
        Safety Act of 2006 (42 U.S.C. 16911).
    ``(b) Automatic Sealing for Certain Arrests and Nonviolent 
Offenses.--
            ``(1) In general.--At the time of sentencing of a covered 
        individual for a conviction pursuant to section 404 of the 
        Controlled Substances Act (21 U.S.C. 844) or of any Federal 
        nonviolent offense involving marijuana, the court shall enter 
        an order that each record and portion thereof that relates to 
        the offense shall be sealed automatically on the date that is 
        one year after the covered individual fulfills each requirement 
        of the sentence, except that such record shall not be sealed if 
        the individual has been convicted of a subsequent criminal 
        offense.
            ``(2) Acquittal; determination not to file charges.--
                    ``(A) Acquittal.--Sixty days after the date on 
                which a covered individual is acquitted, exonerated, or 
                otherwise subject to a judgment which did not result in 
                a conviction for a Federal offense, each record or 
                portion thereof that relates to the Federal offense 
                shall be sealed automatically.
                    ``(B) Determination not to file charges.--
                            ``(i) In general.--If a covered individual 
                        is arrested for a Federal offense and the 
                        Government does not file charges against the 
                        covered individual in relation to the Federal 
                        offense before the date that is 180 days after 
                        the date on which the arrest was made, each 
                        record or portion thereof that relates to the 
                        arrest and Federal offense shall be sealed 
                        automatically on such date.
                            ``(ii) Unsealing for filing of charges.--At 
                        the request of the Government, a court may 
                        unseal a record sealed under clause (i) in 
                        order for the Government to file charges 
                        against the covered individual in relation to 
                        the Federal offense described in clause (i).
                            ``(iii) Limitation.--If a record is 
                        unsealed under clause (ii), the record may only 
                        be resealed in accordance with subparagraph 
                        (A), paragraph (1), or paragraph (2).
    ``(c) Notice of Automatic Sealing.--Not later than 60 days after an 
individual is arrested for a Federal offense, the Attorney General 
shall, in writing, inform the individual of the automatic sealing of 
records and the effect of such sealing under this section.
    ``(d) Effect of Sealing Order.--
            ``(1) Protection from access.--Except as provided in 
        paragraph (3), a record that has been sealed under subsection 
        (b) shall not be accessible to any person.
            ``(2) Protection from perjury laws.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a covered individual with respect to 
                whom a record has been sealed under subsection (b) 
                shall not be required to disclose such information, and 
                shall not be subject to prosecution under any civil or 
                criminal provision of Federal or State law relating to 
                perjury, false swearing, or making a false statement, 
                including under section 1001, 1621, 1622, or 1623, for 
                failing to recite or acknowledge any information that 
                has been sealed with respect to the offense, or respond 
                to any inquiry made of the covered individual, relating 
                to the protected information.
                    ``(B) Exception.--A covered individual shall 
                disclose information contained in a record that has 
                been sealed under subsection (b)--
                            ``(i) when testifying in court;
                            ``(ii) in the course of questioning by a 
                        law enforcement officer in connection with a 
                        subsequent criminal investigation; or
                            ``(iii) in connection with employment 
                        described in subclause (I) or (II) of paragraph 
                        (3)(A)(ii) that the individual is seeking.
            ``(3) Background checks.--Except as provided in paragraph 
        (4), a sealed record of a covered individual shall not be 
        included in any background check conducted on the covered 
        individual.
            ``(4) Law enforcement and court exception.--
                    ``(A) Access.--An officer or employee of a law 
                enforcement agency or a court may access a sealed 
                record of a covered individual in the possession of the 
                agency or court, or another law enforcement agency or 
                court, solely--
                            ``(i) for investigatory or prosecutorial 
                        purposes; or
                            ``(ii) for a background check that relates 
                        to--
                                    ``(I) employment with a law 
                                enforcement agency; or
                                    ``(II) any position that a Federal 
                                agency designates as a--
                                            ``(aa) national security 
                                        position; or
                                            ``(bb) high-risk, public 
                                        trust position.
                    ``(B) Disclosure.--An officer or employee of a law 
                enforcement agency or a court may disclose information 
                contained in a sealed record only in order to carry out 
                the purposes described in subparagraph (A).
    ``(e) Penalty for Unauthorized Disclosure.--
            ``(1) In general.--Whoever knowingly accesses or discloses 
        information contained in a sealed record in a manner that is 
        prohibited under this section, shall be fined under this title, 
        imprisoned for not more than 1 year, or both.
            ``(2) Rule of construction.--Nothing in this subsection 
        prevents a covered individual or an individual who was the 
        victim of an offense from accessing or disclosing information 
        contained in a sealed record.
    ``(f) Rulemaking.--The Attorney General shall, by rule, establish a 
process to ensure that any record in the possession of a Federal agency 
required to be sealed under this section, is automatically sealed in 
accordance with this section.
    ``(g) Applicability.--This section shall apply to an arrest or 
conviction that occurred or was entered before, on, or after the date 
of enactment of this section. Not later than 2 years after the date of 
the enactment of this section, the Attorney General shall ensure that 
any record related to an arrest or conviction that occurred or was 
entered prior to the automatic sealing of such a record, which record 
is required to be sealed under this section, is so sealed.
``Sec. 3561. Sealing of certain records upon petition
    ``(a) Definitions.--In this section--
            ``(1) the term `covered nonviolent offense' means a Federal 
        criminal offense that is not--
                    ``(A) a crime of violence (as defined in 
                subsections (a) and (c) of section 3156); or
                    ``(B) a sex offense (as that term is defined in 
                section 111 of the Sex Offender Registration and 
                Notification Act (42 U.S.C. 16911));
            ``(2) the term `eligible individual' means an individual 
        who--
                    ``(A) has been convicted of a covered nonviolent 
                offense;
                    ``(B) has fulfilled each requirement of the 
                sentence for the covered nonviolent offense, 
                including--
                            ``(i) completing each term of imprisonment, 
                        probation, or supervised release; and
                            ``(ii) satisfying each condition of 
                        imprisonment, probation, or supervised release;
                    ``(C) has not been convicted of more than 2 
                felonies that are covered nonviolent offenses, 
                including any such convictions that have been sealed 
                (except that for purposes of this subparagraph, two or 
                more felony convictions that are covered nonviolent 
                offenses arising out of the same act, or acts committed 
                at the same time, shall be treated as 1 felony 
                conviction); and
                    ``(D) has not been convicted of any felony that is 
                not a covered nonviolent offense;
            ``(3) the term `petitioner' means an individual who files a 
        sealing petition;
            ``(4) the term `protected information', with respect to a 
        covered nonviolent offense, means any reference to--
                    ``(A) an arrest, conviction, or sentence of an 
                individual for the offense;
                    ``(B) the institution of criminal proceedings 
                against an individual for the offense; or
                    ``(C) the result of criminal proceedings described 
                in subparagraph (B);
            ``(5) the term `sealing hearing' means a hearing held under 
        subsection (c)(2); and
            ``(6) the term `sealing petition' means a petition for a 
        sealing order filed under subsection (b).
    ``(b) Right To File Sealing Petition.--
            ``(1) In general.--On and after the date that is 1 year 
        after the date on which the eligible individual has fulfilled 
        each requirement described in subsection (a)(2)(B), 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 States.
            ``(2) Notice of opportunity to file petition.--
                    ``(A) In general.--If an individual is convicted of 
                a covered nonviolent offense and will potentially be 
                eligible to file a sealing petition with respect to the 
                offense upon fulfilling each requirement of the 
                sentence for the offense as described in subsection 
                (a)(2)(B), the court in which the individual is 
                convicted shall, in writing, inform the individual, on 
                each date described in subparagraph (B), of--
                            ``(i) that potential eligibility;
                            ``(ii) the necessary procedures for filing 
                        the sealing petition; and
                            ``(iii) the benefits of sealing a record.
                    ``(B) Dates.--The dates described in this 
                subparagraph are--
                            ``(i) the date on which the individual is 
                        convicted; and
                            ``(ii) the date on which the individual has 
                        completed every term of imprisonment, 
                        probation, or supervised release relating to 
                        the offense.
    ``(c) Procedures.--
            ``(1) Notification to prosecutor.--If an individual files a 
        petition under subsection (b), the district court in which the 
        petition is filed shall provide notice of the petition--
                    ``(A) to the office of the United States attorney 
                that prosecuted the petitioner for the offense; and
                    ``(B) upon the request of the petitioner, to any 
                other individual that the petitioner determines may 
                testify as to the--
                            ``(i) conduct of the petitioner since the 
                        date of the offense; or
                            ``(ii) reasons that the sealing order 
                        should be entered.
            ``(2) Hearing.--
                    ``(A) In general.--Not later than 180 days after 
                the date on which an individual files a sealing 
                petition, the district court shall--
                            ``(i) except as provided in subparagraph 
                        (D), conduct a hearing in accordance with 
                        subparagraph (B); and
                            ``(ii) determine whether to enter a sealing 
                        order for the individual in accordance with 
                        paragraph (3).
                    ``(B) Opportunity to testify and offer evidence.--
                            ``(i) Petitioner.--The petitioner may 
                        testify or offer evidence at the sealing 
                        hearing in support of sealing.
                            ``(ii) Prosecutor.--The office of a United 
                        States attorney that receives notice under 
                        paragraph (1)(A) may send a representative to 
                        testify or offer evidence at the sealing 
                        hearing in support of or against sealing.
                            ``(iii) Other individuals.--An individual 
                        who receives notice under paragraph (1)(B) may 
                        testify or offer evidence at the sealing 
                        hearing as to the issues described in clauses 
                        (i) and (ii) of that paragraph.
                    ``(C) Magistrate judges.--A magistrate judge may 
                preside over a hearing under this paragraph.
                    ``(D) Waiver of hearing.--If the petitioner and the 
                United States attorney that receives notice under 
                paragraph (1)(A) so agree, the court shall make a 
                determination under paragraph (3) without a hearing.
            ``(3) Basis for decision.--
                    ``(A) In general.--In determining whether to enter 
                a sealing order with respect to protected information 
                relating to a covered nonviolent offense, the court--
                            ``(i) shall consider--
                                    ``(I) the petition and any 
                                documents in the possession of the 
                                court; and
                                    ``(II) all the evidence and 
                                testimony presented at the sealing 
                                hearing, if such a hearing is 
                                conducted;
                            ``(ii) may not consider any non-Federal 
                        nonviolent crimes for which the petitioner has 
                        been arrested or proceeded against, or of which 
                        the petitioner has been convicted; and
                            ``(iii) shall balance--
                                    ``(I)(aa) the interest of public 
                                knowledge and safety; and
                                    ``(bb) the legitimate interest, if 
                                any, of the Government in maintaining 
                                the accessibility of the protected 
                                information, including any potential 
                                impact of sealing the protected 
                                information on Federal licensure, 
                                permit, or employment restrictions; 
                                against
                                    ``(II)(aa) the conduct and 
                                demonstrated desire of the petitioner 
                                to be rehabilitated and positively 
                                contribute to the community; and
                                    ``(bb) the interest of the 
                                petitioner in having the protected 
                                information sealed, including the harm 
                                of the protected information to the 
                                ability of the petitioner to secure and 
                                maintain employment.
                    ``(B) Burden on government.--The burden shall be on 
                the Government to show that the interests under 
                subclause (I) of subparagraph (A)(iii) outweigh the 
                interests of the petitioner under subclause (II) of 
                that subparagraph.
            ``(4) Waiting period after denial.--If the district court 
        denies a sealing petition, the petitioner may not file a new 
        sealing petition with respect to the same offense until the 
        date that is 2 years after the date of the denial.
            ``(5) Universal form.--The Director of the Administrative 
        Office of the United States Courts shall create a universal 
        form, available over the Internet and in paper form, that an 
        individual may use to file a sealing petition.
            ``(6) 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 
        petition.
            ``(7) Effect of sealing.--Subsections (d) and (e) of 
        section 3560 shall apply to any record that is sealed under 
        this section.
            ``(8) Reporting.--Not later than 2 years after the date of 
        enactment of this section, and each year thereafter, each 
        district court of the United States shall issue a public report 
        that--
                    ``(A) describes--
                            ``(i) the number of sealing petitions 
                        granted and denied under this section; and
                            ``(ii) the number of instances in which the 
                        office of a United States attorney supported or 
                        opposed a sealing petition;
                    ``(B) includes any supporting data that the court 
                determines relevant and that does not name any 
                petitioner; and
                    ``(C) disaggregates all relevant data by race, 
                ethnicity, gender, and the nature of the offense.
            ``(9) Public defender eligibility.--
                    ``(A) In general.--The district court may, in its 
                discretion, appoint counsel in accordance with the plan 
                of the district court in operation under section 3006A 
                to represent a petitioner for purposes of this section.
                    ``(B) Considerations.--In making a determination 
                whether to appoint counsel under subparagraph (A), the 
                court shall consider--
                            ``(i) the anticipated complexity of the 
                        sealing hearing, including the number and type 
                        of witnesses called to advocate against the 
                        sealing of the protected information of the 
                        petitioner; and
                            ``(ii) the potential for adverse testimony 
                        by a victim or a representative of the office 
                        of the United States attorney.
            ``(10) Rule of construction.--Nothing in this section may 
        be construed to require a covered individual (as such term is 
        defined in section 3560) to submit a sealing petition with 
        respect to records required to be automatically sealed under 
        section 3560.''.
    (b) Table of Sections.--The table of sections for subchapter A of 
chapter 227 of title 18, United States Code, is amended by inserting 
after the item relating to section 3559 the following:

``3560. Automatic sealing of certain records.
``3561. Sealing of certain records upon petition.''.
                                 <all>