[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2348 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 2348
To require automatic sealing of certain criminal records, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 22, 2019
Ms. Blunt Rochester (for herself and Mr. Reschenthaler) 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 2019''.
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;
``(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;
and
``(D) has not been convicted for any offense
related to treason, terrorism, access and transmission
of sensitive defense information, or other national
security related convictions;
``(2) the term `nonviolent offense' means an offense that
is not a crime of violence, as defined in subparagraphs (A) and
(C) of section 3156(a)(4); 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.
``(h) Employer Immunity From Liability.--An employer who employs or
otherwise engages an individual whose criminal records were sealed
pursuant to this section shall be immune from liability for any claim
arising out of the misconduct of the individual, if the misconduct
relates to the portion of the criminal records that were sealed
pursuant to this section.
``(i) Establishment of Partnerships.--
``(1) In general.--The Administrative Office of the United
States Courts may enter into a contract with or make grants to
an organization with expertise in creating digital and
technological systems to develop an efficient and effective
process for automatically sealing records in accordance with
this section.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to $2,000,000 to carry out this subsection.
``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
subparagraphs (A) and (C) of section 3156(a)(4)); 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 one felony
conviction);
``(D) has not been convicted of any felony that is
not a covered nonviolent offense; and
``(E) has not been convicted for any offense
related to treason, terrorism, access and transmission
of sensitive defense information, or other national
security related convictions;
``(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) 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.
``(d) 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.
``(e) 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--
``(1) describes--
``(A) the number of sealing petitions granted and
denied under this section; and
``(B) the number of instances in which the office
of a United States attorney supported or opposed a
sealing petition;
``(2) includes any supporting data that the court
determines relevant and that does not name any petitioner; and
``(3) disaggregates all relevant data by race, ethnicity,
gender, and the nature of the offense.
``(f) Employer Immunity From Liability.--An employer who employs or
otherwise engages an individual whose criminal records were sealed
pursuant to this section shall be immune from liability for any claim
arising out of the misconduct of the individual, if the misconduct
relates to the portion of the criminal records that were sealed
pursuant to this section.''.
(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.''.
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