Expungement of criminal records for certain nonviolent offenders

(a)

In general

Chapter 229 of title 18, United States Code, is amended by inserting after subchapter D the following new subchapter:

Expungement

Sec.

3641. Expungement of certain criminal records in limited circumstances.

3642. Requirements for expungement.

3643. Procedure for expungement.

3644. Effect of expungement.

3645. Disclosure of expunged records.

3641.

Expungement of certain criminal records in limited circumstances

(a)

In general

Any eligible individual convicted of a nonviolent offense may file a petition under this subchapter for expungement with regard to that nonviolent offense.(b)

Definition of nonviolent offense

In this subchapter, the term nonviolent offense means any offense under this title or under the Controlled Substances Act (8 U.S.C. 801 et seq.) that is not a crime of violence.(c)

Definition of crime of violence

In this subchapter, the term crime of violence means an offense, punishable by one year or more in the prison, that—(1)has as an element the use, attempted use, or threatened use of physical force against the person or property of another; (2)involves the unlawful possession, sale, transfer, or use of a firearm, explosive, or other deadly weapon, or the attempt thereof; or(3)causes the petitioner to be required to register under the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.).

3642.

Requirements for expungement

An individual is eligible for expungement under this subchapter if that individual—(1)at the time of filing, had never been convicted of any criminal offense other than nonviolent offenses committed in a single criminal episode that includes the offense for which expungement is sought; and(2)has fulfilled the requirements of the sentence of the court in which the individual was convicted of that nonviolent offense, including—(A)paying, or consistently fulfilling obligations of a payment plan for, all applicable fines, restitutions, or assessments;(B)completion of any term of imprisonment or period of probation;(C)meeting all conditions of supervised release; and(D)if so required by the terms of the sentence, remaining free from dependency on or abuse of alcohol or a controlled substance for a period of not less than 1 year.

If extenuating circumstances prevent an individual from fulfilling the requirements of the sentence, as required under paragraph (2), the court, in its discretion, may waive a portion of such requirement.

3643.

Procedure for expungement

(a)

Petition

A petition for expungement may be filed only in the court in which the petitioner was convicted of the nonviolent offense for which expungement is sought. The clerk of the court shall serve that petition on the United States Attorney for that district. Except as provided under subsection (e), not later than 60 days after service of such petition, the United States Attorney may submit recommendations to the court and provide a copy of those recommendations to the petitioner.(b)

Appointment of counsel

The court shall appoint counsel upon the request of an indigent petitioner to represent the petitioner in proceedings under this subchapter, including the preparation of a petition or subsequent petition under this section.(c)

Submission of evidence

The petitioner and the Government may file with the court evidence relating to the petition.(d)

Basis for decision

In making a decision on the petition, the court shall consider all evidence and weigh the interests of the petitioner, the best interests of justice, and public safety.(e)

Subsequent petition

If the court denies the petition, the petitioner may not file another such petition until the date that is 2 years after the date of such denial.(f)

Mandatory grant of petition

(1)

In general

Except as provided in paragraph (2), the court shall grant the petition of an eligible petitioner who files the petition on a date that is not earlier than the date that is 7 years after the date on which the petitioner has fulfilled the requirements of the sentence, as described in section 3642(2). The United States Attorney may not submit recommendations under subsection (a) with regard to that petition.(2)

Exceptions

The court shall not grant under this subsection the petition of a petitioner who has committed any offense under this title that caused a victim or victims to sustain a loss of $25,000 or more.(g)

Discretionary grant of petition

(1)

In general

Except as provided in paragraph (2), the court shall grant the petition of an eligible petitioner who files the petition on a date that is not earlier than the date that is 1 year after the date on which the petitioner has fulfilled the requirements of the sentence, as described in section 3642(2). (2)

Exceptions

The court shall not grant under this subsection the petition of a petitioner who has committed any offense under this title that caused a victim or victims to sustain a loss of $250,000 or more. (3)

Notification of expungement

Not later than 7 days after granting an expungement petition, in order to facilitate the timely update of relevant records, the court shall send a copy of the petition and final order to—(A)the Attorney General of the United States;(B)the chief law enforcement officer of the State in which the crime was committed;(C)the chief law enforcement officer of the State in which the petitioner resides; (D)any local law enforcement agency that serves the jurisdiction in which the crime was committed; and(E)any local law enforcement agency that serves the jurisdiction in which petitioner resides.

3644.

Effect of expungement

(a)

In general

An order granting expungement under this subchapter shall restore the individual concerned, in the contemplation of the law, to the status such individual occupied before the arrest or institution of criminal proceedings for the nonviolent offense that was the subject of the expungement.(b)

Sentencing

In determining an appropriate sentence for unrelated subsequent criminal conduct, a court of the United States shall not consider an expunged criminal conviction for the purposes of determining the appropriate sentencing range pursuant to the United States Sentencing Guidelines, or to sentence a person outside of that sentencing range.(c)

No disqualification; statements

An individual whose petition under this subchapter is granted shall not be required to divulge information pertaining to the nonviolent offense with regard to which expungement was granted, nor shall such individual be held under any provision of law guilty of perjury, false answering, or making a false statement by reason of the failure of the individual to recite or acknowledge such arrest or institution of criminal proceedings, or results thereof, in response to an inquiry made of the individual for any purpose. The fact that such individual has been convicted of the nonviolent offense concerned shall not operate as a disqualification of such individual to pursue or engage in any lawful activity, occupation, or profession.(d)

Records expunged

Except as provided under section 3645, on the grant of a petition under this subchapter, the following shall be expunged:(1)Any official record relating to the arrest of the petitioner, the institution of criminal proceedings against the petitioner, or the results thereof (including conviction) for the nonviolent offense with regard to which expungement is sought.(2)Any reference in any official record to the arrest of the petitioner, the institution of criminal proceedings against the petitioner, or the results thereof (including conviction) for the nonviolent offense with regard to which expungement is sought.(e)

Exceptions

The Attorney General may make rules providing for exceptions to subsection (d) as the Attorney General determines necessary to serve the interests of justice and public safety.

3645.

Disclosure of expunged records

(a)

Department of Justice Records

The Attorney General shall retain an unaltered nonpublic copy of—(1)any record that is expunged; and(2)any record containing a reference that is expunged.(b)

Law enforcement purposes

The Attorney General shall maintain a nonpublic index of the records described under subsection (a) containing, for each such record, only the name of, and alphanumeric identifiers that relate to, the individual who is the subject of such record, the word expunged, and the name of the person, agency, office, or department that has custody of the expunged record, and shall not name the offense committed. The index shall be made available only to an entity to which records may be made available under subsection (d) or to any Federal or State law enforcement agency that has custody of such records.(c)

Court records

The court shall retain an unaltered nonpublic copy of—(1)any record that is expunged; and(2)any record containing a reference that is expunged.(d)

Authorized disclosures

(1)

In general

Except as provided in paragraph (2), any record described in subsection (a) pertaining to an individual may be made available only—(A)to the petitioner;(B)to a Federal or State court or Federal, State, or local law enforcement agency, in the case of a criminal investigation or prosecution of an individual or in conducting a background check on an individual who has applied for employment by such court or agency; or (C)to a Federal or State court or Federal, State, or local law enforcement agency for the exclusive purpose of maintaining accurate official records.(2)

Authorized disclosure to individuals

On application of the petitioner, the record may be available to an individual identified in the petitioner’s application.(e)

Punishment for improper disclosure

Whoever intentionally makes or attempts to make a disclosure, other than a disclosure authorized under subsection (d), of any record or reference that is expunged under this subchapter, shall be fined under this title or imprisoned not more than one year, or both.

(b)

Clerical amendment

The table of subchapters at the beginning of chapter 229 of title 18, United States Code, is amended by adding at the end the following item:

Expungement

3641

(c)

Effective date

The amendments made by this Act shall apply to individuals convicted of an offense before, on, or after the date of the enactment of this Act.