Record Expungement Designed to Enhance Employment Act of 2014 or the REDEEM Act - Amends the federal criminal code to provide a process for the sealing or expungement of records relating to nonviolent or juvenile offenses.
Requires a court considering a petition to seal a nonviolent offense to balance factors including the harm of the protected information to the ability of the petitioner to secure and maintain employment.
Sets forth limitations on involuntary room confinements at juvenile detention facilities.
Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) to remove offenses relating to possession or use of a controlled substance from the categories of drug offenses that result in the convicted individual being ineligible for assistance under: (1) a state program funded with temporary assistance for needy families (TANF) grants under part A of title IV of the Social Security Act; or (2) the supplemental nutrition assistance program (SNAP, formerly the food stamp program) or any state program carried out under the Food and Nutrition Act of 2008.
Prohibits the denial of such assistance and benefits if the convicted individual: (1) committed an offense related to a substance abuse disorder, (2) participates in a substance abuse treatment program, and (3) complies with all court-imposed obligations. Includes employment services among the categories of federal benefits that are not to be denied under PRWORA.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to allow the Attorney General, in awarding public safety and community policing grants, to give preferential consideration to an applicant in a state with laws similar to this Act.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5158 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5158
To provide for the sealing or expungement of records relating to
Federal nonviolent criminal offenses, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 18, 2014
Mr. Fattah (for himself and Mr. Wolf) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committees on Agriculture and Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide for the sealing or expungement of records relating to
Federal nonviolent criminal offenses, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Record Expungement
Designed to Enhance Employment Act of 2014'' or the ``REDEEM Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sealing of criminal records.
Sec. 3. Juvenile sealing and expungement.
Sec. 4. Study and report on cost savings from sealing and expungement
provisions.
Sec. 5. TANF assistance and SNAP benefits.
Sec. 6. State incentives.
Sec. 7. Ensuring accuracy in the FBI background check system.
Sec. 8. Report on statutory and regulatory restrictions and
disqualifications based on criminal
records.
SEC. 2. SEALING OF CRIMINAL RECORDS.
(a) In General.--Chapter 229 of title 18, United States Code, is
amended by adding at the end the following:
``Subchapter D--Sealing of Criminal Records
``Sec.
``3631. Definitions; eligible individuals.
``3632. Sealing petition.
``3633. Effect of sealing order.
``Sec. 3631. Definitions; eligible individuals
``(a) Definitions.--In this subchapter--
``(1) the term `covered nonviolent offense' means a Federal
criminal offense that is not--
``(A) a crime of violence (as that term is defined
in section 16); 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 arrested for or convicted of a
covered nonviolent offense;
``(B) in the case of a conviction described in
subparagraph (A), 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) subject to subsection (b), has not been
convicted of more than 2 felonies that are covered
nonviolent offenses, including any such convictions
that have been sealed; 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 `seal'--
``(A) means--
``(i) to close a record from public viewing
so that the record cannot be examined except by
court order; and
``(ii) to physically seal the record shut
and label the record `SEALED' or, in the case
of an electronic record, the substantive
equivalent; and
``(B) has the effect described in section 3633,
including--
``(i) the right to treat the offense to
which a sealed record relates, and any arrest,
criminal proceeding, conviction, or sentence
relating to the offense, as if it never
occurred; and
``(ii) protection from civil and criminal
perjury, false swearing, and false statement
laws with respect to a sealed record;
``(6) the term `sealing hearing' means a hearing held under
section 3632(b)(2); and
``(7) the term `sealing petition' means a petition for a
sealing order filed under section 3632(a).
``(b) Eligible Individuals.--
``(1) Multiple convictions deemed to be one conviction.--
For purposes of subsection (a)(2)(C)--
``(A) multiple convictions shall be deemed to be 1
conviction if the convictions result from or relate
to--
``(i) the same act; or
``(ii) acts committed at the same time; and
``(B) subject to paragraph (2), multiple
convictions, not to exceed 3, that do not result from
or relate to the same act or acts committed at the same
time shall be deemed to be 1 conviction if the
convictions--
``(i) result from or relate to--
``(I) the same--
``(aa) indictment,
information, or complaint;
``(bb) plea of guilty; or
``(cc) official proceeding;
or
``(II) related criminal acts that
were committed within a 3-month period;
or
``(ii) are determined to be directly
related to addiction or a substance use
disorder.
``(2) Discretion of court.--
``(A) In general.--A court reviewing a sealing
petition may determine that it is not in the public
interest to deem multiple convictions described in
paragraph (1)(B) to be 1 conviction.
``(B) Reasoning.--If a court makes a determination
under subparagraph (A), the court shall make available
to the public the reasoning for the determination.
``(C) Reporting.--Not later than 2 years after the
date of enactment of this subchapter, and each year
thereafter, each district court of the United States
shall submit to the Attorney General a report that
describes the exercise of discretion by the court under
subparagraph (B).
``Sec. 3632. Sealing petition
``(a) Right To File Sealing Petition.--
``(1) In general.--On and after the date described in
paragraph (2), 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) Dates.--The date described in this paragraph is--
``(A) for an eligible individual who is convicted
of a covered nonviolent offense and sentenced to a term
of imprisonment, probation, or supervised release, the
date that is 1 year after the date on which the
eligible individual has completed every such term of
imprisonment, probation, or supervised release; and
``(B) for an eligible individual not described in
subparagraph (A), the date on which the case relating
to the covered nonviolent offense is disposed of.
``(3) Notice of opportunity to file petition.--
``(A) Convicted individuals.--
``(i) In general.--If an individual is
convicted of a covered nonviolent offense and
will potentially be eligible to file a sealing
petition with respect to the offense upon
fulfilling each requirement of the sentence for
the offense as described in section
3631(a)(2)(B), the court in which the
individual is convicted shall inform the
individual, on each date described in clause
(ii), of--
``(I) that potential eligibility;
``(II) the necessary procedures for
filing the sealing petition; and
``(III) the benefits of sealing a
record, including protection from civil
and criminal perjury, false swearing,
and false statement laws with respect
to the record.
``(ii) Dates.--The dates described in this
clause 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.
``(B) Individuals not convicted.--
``(i) Arrest only.--If an individual is
arrested for a covered nonviolent offense,
criminal proceedings are not instituted against
the individual for the offense, and the
individual is potentially eligible to file a
sealing petition with respect to the offense,
on the date on which the case relating to the
offense is disposed of, the arresting authority
shall inform the individual of--
``(I) that potential eligibility;
``(II) the necessary procedures for
filing the sealing petition; and
``(III) the benefits of sealing a
record, including protection from civil
and criminal perjury, false swearing,
and false statement laws with respect
to the record.
``(ii) Court proceedings.--If an individual
is arrested for a covered nonviolent offense,
criminal proceedings are instituted against the
individual for the offense, the individual is
not convicted of the offense, and the
individual is potentially eligible to file a
sealing petition with respect to the offense,
on the date on which the case relating to the
offense is disposed of, the court in which the
criminal proceedings take place shall inform
the individual of--
``(I) that potential eligibility;
``(II) the necessary procedures for
filing the sealing petition; and
``(III) the benefits of sealing a
record, including protection from civil
and criminal perjury, false swearing,
and false statement laws with respect
to the record.
``(b) Procedures.--
``(1) Notification of prosecutor and victims.--If an
individual files a petition under subsection (a) with respect
to a covered nonviolent offense or arrest for a covered
nonviolent offense, 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 or would have prosecuted the petitioner
for the offense;
``(B) to the extent reasonable and practicable, to
each victim of the offense; and
``(C) 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 arrest; or
``(ii) reasons that the sealing order
should be entered.
``(2) Hearing.--
``(A) In general.--Not later than 6 months after
the date on which an individual files a sealing
petition, the district court shall conduct a hearing to
determine whether to enter a sealing order for the
individual.
``(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) Victims.--
``(I) In general.--A victim who
receives notice under paragraph (1)(B)
may testify or offer evidence at the
sealing hearing in support of or
against sealing.
``(II) Locating victims.--The
inability of a court to locate a victim
shall not--
``(aa) delay a proceeding
under this section;
``(bb) preclude the holding
of a sealing hearing; or
``(cc) impact the issuance
of a sealing order.
``(iv) Other individuals.--An individual
who receives notice under paragraph (1)(C) 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.
``(3) Basis for decision.--
``(A) In general.--In determining whether to enter
an sealing order with respect to protected information
relating to a covered nonviolent offense, the court--
``(i) shall consider all the evidence and
testimony presented at the sealing hearing;
``(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 Attorney General 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 Attorney General shall by regulation
establish a process under which indigent petitioners may obtain
a waiver of any fee for filing a sealing petition.
``(7) Reporting.--Not later than 2 years after the date of
enactment of this subchapter, 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; and
``(B) includes any supporting data that the court
determines relevant and that does not name any
petitioner.
``(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.
``Sec. 3633. Effect of sealing order
``(a) In General.--Except as provided in this section, if a
district court of the United States enters a sealing order with respect
to a covered nonviolent offense, the offense and any arrest, criminal
proceeding, conviction, or sentence relating to the offense shall be
treated as if it never occurred.
``(b) Verification of Sealing.--If a district court of the United
States enters a sealing order with respect to a covered nonviolent
offense, the court shall--
``(1) send a copy of the sealing order to each entity or
person that possesses a record containing protected information
that relates to the offense, including each law enforcement
agency, each public or private correctional, detention, or
treatment facility, each other public or private agency, and
each person who provided treatment or rehabilitation services
for the petitioner under an order of the court;
``(2) in the sealing order, require each entity or person
described in paragraph (1) to--
``(A) seal the record in accordance with this
section; and
``(B) submit a written certification to the court,
under penalty of perjury, that the entity or person has
sealed each paper and electronic copy of the record;
``(3) seal each paper and electronic copy of the record in
the possession of the court; and
``(4) after receiving a written certification from each
entity or person under paragraph (2)(B), notify the petitioner
that each entity or person described in paragraph (1) has
sealed each paper and electronic copy of the record.
``(c) Protection From Perjury Laws.--Except as provided in
subsection (f)(3)(A), a petitioner with respect to whom a sealing order
has been entered for a covered nonviolent offense shall not be subject
to prosecution under any civil or criminal provision of Federal or
State law relating to perjury, false swearing, or making a false
statement, including section 1001, 1621, 1622, or 1623, for failing to
recite or acknowledge any protected information with respect to the
offense or respond to any inquiry made of the petitioner, relating to
the protected information, for any purpose.
``(d) Attorney General Nonpublic Records.--The Attorney General--
``(1) shall maintain a nonpublic record of all protected
information that has been sealed under this subchapter; and
``(2) may access or utilize protected information only--
``(A) for legitimate investigative purposes;
``(B) in defense of any civil suit arising out of
the facts of the arrest or subsequent proceedings; or
``(C) if the Attorney General determines that
disclosure is necessary to serve the interests of
justice, public safety, or national security.
``(e) Law Enforcement Access.--A Federal or State law enforcement
agency may access a record that is sealed under this subchapter
solely--
``(1) to determine whether the individual to whom the
record relates is eligible for a first-time-offender diversion
program;
``(2) for investigatory or prosecutorial purposes; or
``(3) for a background check that relates to law
enforcement employment or any employment that requires a
government security clearance.
``(f) Prohibition on Disclosure.--
``(1) Prohibition.--Except as provided in paragraph (3), it
shall be unlawful to intentionally make or attempt to make an
unauthorized disclosure of any protected information from a
record that has been sealed under this subchapter.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned for not more than 1 year,
or both.
``(3) Exceptions.--
``(A) Background checks.--An individual who is the
subject of a record sealed under this subchapter shall,
and a Federal or State law enforcement agency that
possesses such a record may, disclose the record in the
case of a background check for--
``(i) law enforcement employment; or
``(ii) any employment that requires a
government security clearance.
``(B) Disclosure to armed forces.--A person may
disclose protected information from a record sealed
under this subchapter to the Secretaries of the
military departments (or the Secretary of Homeland
Security with respect to the Coast Guard when it is not
operating as a service in the Navy) for the purpose of
vetting an enlistment or commission, or with regard to
any member of the Armed Forces.
``(C) Authorization for individual to disclose own
record.--An individual who is the subject of a record
sealed under this subchapter may choose to disclose the
record.''.
(b) Applicability.--The right to file a sealing petition under
section 3632(a) of title 18, United States Code, as added by subsection
(a), shall apply with respect to a covered nonviolent offense (as
defined in section 3631(a) of such title) that is committed before, on,
or after the date of enactment of this Act.
(c) Transition Period for Hearings Deadline.--During the 1-year
period beginning on the date of enactment of this Act, section
3632(b)(2)(A) of title 18, United States Code, as added by subsection
(a), shall be applied by substituting ``1 year'' for ``6 months''.
(d) Technical and Conforming Amendment.--The table of subchapters
for chapter 229 of title 18, United States Code, is amended by adding
at the end the following:
``D. Sealing of Criminal Records............................ 3631''.
SEC. 3. JUVENILE SEALING AND EXPUNGEMENT.
(a) Purpose.--The purpose of this section is to--
(1) protect children and adults against damage stemming
from their juvenile acts and subsequent juvenile delinquency
records, including law enforcement, arrest, and court records;
and
(2) prevent the unauthorized use or disclosure of
confidential juvenile delinquency records and any potential
employment, financial, psychological, or other harm that would
result from such unauthorized use or disclosure.
(b) Definitions.--Section 5031 of title 18, United States Code, is
amended to read as follows:
``Sec. 5031. Definitions
``In this chapter--
``(1) the term `adjudication' means a determination by a
judge that a person committed an act of juvenile delinquency;
``(2) the term `conviction' means a judgment or disposition
in criminal court against a person following a finding of guilt
by a judge or jury;
``(3) the term `destroy' means to render a file unreadable,
whether paper, electronic, or otherwise stored, by shredding,
pulverizing, pulping, incinerating, overwriting, reformatting
the media, or other means;
``(4) the term `expunge'--
``(A) means to destroy a record and obliterate the
name of the person to whom the record pertains from
each official index or public record; and
``(B) has the effect described in section 5044(c),
including--
``(i) the right to treat an offense to
which an expunged record relates, and any
arrest, juvenile delinquency proceeding,
adjudication, or other result of such
proceeding relating to the offense, as if it
never occurred; and
``(ii) protection from civil and criminal
perjury, false swearing, and false statement
laws with respect to an expunged record;
``(5) the term `expungement hearing' means a hearing held
under section 5044(b)(2)(B);
``(6) the term `expungement petition' means a petition for
expungement filed under section 5044(b);
``(7) the term `juvenile' means--
``(A) except as provided in subparagraph (B), a
person who has not attained the age of 18; and
``(B) for the purpose of proceedings and
disposition under this chapter for an alleged act of
juvenile delinquency, a person who has not attained the
age of 21;
``(8) the term `juvenile delinquency' means the violation
of a law of the United States committed by a person before
attaining the age of 18 which would have been a crime if
committed by an adult, or a violation by such a person of
section 922(x);
``(9) the term `juvenile nonviolent offense' means an act
of juvenile delinquency that is not--
``(A) a violent crime (as defined in section 103 of
the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5603)); 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));
``(10) the term `juvenile record'--
``(A) means a record maintained by a court, the
probation system, a law enforcement agency, or any
other government agency, of the juvenile delinquency
proceedings of a person; and
``(B) includes--
``(i) a juvenile legal file, including a
formal document such as a petition, notice,
motion, legal memorandum, order, or decree;
``(ii) a social record, including--
``(I) a record of a probation
officer;
``(II) a record of any government
agency that keeps records relating to
juvenile delinquency;
``(III) a medical record;
``(IV) a psychiatric or
psychological record;
``(V) a birth certificate;
``(VI) an education record,
including an individualized education
plan;
``(VII) a detention record;
``(VIII) demographic information
that identifies a juvenile or the
family of a juvenile; or
``(IX) any other record that
includes personally identifiable
information that may be associated with
a juvenile delinquency proceeding, an
act of juvenile delinquency, or an
alleged act of juvenile delinquency;
``(iii) a law enforcement record,
including--
``(I) fingerprints;
``(II) a DNA sample; or
``(III) a photograph; and
``(iv) a State criminal justice information
system record;
``(11) the term `petitioner' means a person who files an
expungement petition or a sealing petition;
``(12) the term `seal'--
``(A) means--
``(i) to close a record from public viewing
so that the record cannot be examined except by
court order; and
``(ii) to physically seal the record shut
and label the record `SEALED' or, in the case
of an electronic record, the substantive
equivalent; and
``(B) has the effect described in section 5043(c),
including--
``(i) the right to treat an offense to
which a sealed record relates, and any arrest,
juvenile delinquency proceeding, adjudication,
or other result of such proceeding relating to
the offense, as if it never occurred; and
``(ii) protection from civil and criminal
perjury, false swearing, and false statement
laws with respect to a sealed record;
``(13) the term `sealing hearing' means a hearing held
under section 3632(b)(2)(A); and
``(14) the term `sealing petition' means a petition for a
sealing order filed under section 5043(b).''.
(c) Confidentiality.--Section 5038 of title 18, United States Code,
is amended--
(1) in subsection (a), in the flush text following
paragraph (6), by inserting after ``bonding,'' the following:
``participation in an educational system,''; and
(2) in subsection (b), by striking ``District courts
exercising jurisdiction over any juvenile'' and inserting the
following: ``Not later than 7 days after the date on which a
district court exercises jurisdiction over a juvenile, the
district court''.
(d) Sealing; Expungement.--
(1) In general.--Chapter 403 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 5043. Sealing
``(a) Automatic Sealing of Nonviolent Offenses.--
``(1) 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 probation,
official detention, or juvenile delinquent supervision ordered
by the court with respect to the offense, the court shall order
the sealing of each juvenile record or portion thereof that
relates to the offense if the person--
``(A) has not been convicted of a crime or
adjudicated delinquent for an act of juvenile
delinquency since the date of the disposition; and
``(B) is not engaged in active criminal court
proceedings or juvenile delinquency proceedings.
``(2) Automatic nature of sealing.--The order of sealing
under paragraph (1) shall require no action by the person whose
juvenile records are to be sealed.
``(3) Notice of automatic sealing.--A court that orders the
sealing of a juvenile record of a person under paragraph (1)
shall inform the person of the sealing and the benefits of
sealing the record, including protection from civil and
criminal perjury, false swearing, and false statement laws with
respect to the record.
``(b) Petitioning for Early Sealing of Nonviolent Offenses.--
``(1) Right to file sealing petition.--
``(A) In general.--During the 3-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
probation, official detention, or juvenile delinquent
supervision ordered by the court with respect to the
offense, the person may petition the court to seal the
juvenile records that relate to the offense.
``(B) Notice of opportunity to file petition.--If a
person is adjudged delinquent for a juvenile nonviolent
offense, the court in which the person is adjudged
delinquent shall 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 probation, official detention, or juvenile
delinquent supervision ordered by the court with
respect to the offense, and the necessary procedures
for filing the sealing petition--
``(i) on the date on which the individual
is adjudged delinquent; and
``(ii) on the date on which the individual
has completed every term of probation, official
detention, or juvenile delinquent supervision
ordered by the court with respect to the
offense.
``(2) Procedures.--
``(A) Notification of prosecutor and victims.--If a
person files a sealing petition with respect to a
juvenile nonviolent offense, the court in which the
petition is filed shall provide notice of the
petition--
``(i) to the Attorney General;
``(ii) to the extent reasonable and
practicable, to each victim of the offense; and
``(iii) upon the request of the petitioner,
to any other individual that the petitioner
determines may testify as to--
``(I) the conduct of the petitioner
since the date of the offense; or
``(II) the reasons that the sealing
order should be entered.
``(B) Hearing.--
``(i) In general.--Not later than 6 months
after the date on which a person files a
sealing petition, the court shall conduct a
hearing to determine whether to enter a sealing
order for the person.
``(ii) 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 Attorney
General may send a representative to
testify or offer evidence at the
sealing hearing in support of or
against sealing.
``(III) Victims.--
``(aa) In general.--A
victim who receives notice
under subparagraph (A)(ii) may
testify or offer evidence at
the sealing hearing in support
of or against sealing.
``(bb) Locating victims.--
The inability of a court to
locate a victim shall not delay
a proceeding under this
subsection, preclude the
holding of a sealing hearing,
or preclude the issuance of a
sealing order.
``(IV) Other individuals.--An
individual who receives notice under
subparagraph (A)(iii) may testify or
offer evidence at the sealing hearing
as to the issues described in
subclauses (I) and (II) of that
paragraph.
``(C) Basis for decision.--In conducting the
hearing under subparagraph (B), the court shall
determine whether to grant the sealing petition after
considering--
``(i) the evidence and testimony presented
by the Attorney General and any victims at the
hearing;
``(ii) the best interests of the
petitioner;
``(iii) the age of the petitioner during
his or her contact with the court or any law
enforcement agency;
``(iv) the nature of the juvenile
nonviolent offense;
``(v) the disposition of the case;
``(vi) the manner in which the petitioner
participated in any court-ordered
rehabilitative programming or supervised
services;
``(vii) the length of the time period
during which the petitioner has been without
contact with any court or law enforcement
agency;
``(viii) whether the petitioner has had any
criminal or juvenile delinquency involvement
since the disposition of the juvenile
delinquency proceeding; and
``(ix) the adverse consequences the
petitioner may suffer if the petition is not
granted.
``(D) Waiting period after denial.--If the court
denies a sealing petition, the petitioner may not file
a new sealing petition with respect to the same
juvenile nonviolent offense until the date that is 2
years after the date of the denial.
``(E) Universal form.--The Attorney General shall
create a universal form, available over the Internet
and in paper form, that an individual may use to file a
sealing petition.
``(F) No fee for sealing.--There shall be no cost
for filing a sealing petition.
``(G) 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--
``(i) describes--
``(I) the number of sealing
petitions granted and denied under this
subsection; and
``(II) the number of instances in
which the Attorney General supported or
opposed a sealing petition; and
``(ii) includes any supporting data that
the court determines relevant and that does not
name any petitioner.
``(H) Public defender eligibility.--
``(i) Petitioners under age 18.--The
district court shall appoint counsel in
accordance with the plan of the district court
in operation under section 3006A to represent a
petitioner for purposes of this subsection if
the petitioner is less than 18 years of age.
``(ii) Petitioners age 18 and older.--
``(I) Discretion of court.--In the
case of a petitioner who not less than
18 years of age, 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 the
petitioner for purposes of this
subsection.
``(II) Considerations.--In
determining whether to appoint counsel
under subclause (I), the court shall
consider--
``(aa) the anticipated
complexity of the sealing
hearing, including the number
and type of witnesses called to
advocate against the sealing of
the records of the petitioner;
and
``(bb) the potential for
adverse testimony by a victim
or a representative of the
Attorney General.
``(c) Effect of Sealing Order.--
``(1) In general.--Except as provided in this subsection,
if a court orders the sealing of a juvenile record under
subsection (a) or (b) with respect to a juvenile nonviolent
offense, the offense and any arrest, juvenile delinquency
proceeding, adjudication, or other result of such proceeding
relating to the offense shall be treated as if it never
occurred.
``(2) Verification of sealing.--If a court orders the
sealing of a juvenile record under subsection (a) or (b) with
respect to a juvenile nonviolent offense, the court shall--
``(A) send a copy of the sealing order to each
entity or person that possesses a record relating to
the offense, including each law enforcement agency,
each public or private correctional, detention, or
treatment facility, each other public or private
agency, and each person who provided treatment or
rehabilitation services for the petitioner under an
order of the court;
``(B) in the sealing order, require each entity or
person described in paragraph (1) to--
``(i) seal the record; and
``(ii) submit a written certification to
the court, under penalty of perjury, that the
entity or person has sealed each paper and
electronic copy of the record;
``(C) seal each paper and electronic copy of the
record in the possession of the court; and
``(D) after receiving a written certification from
each entity or person under paragraph (2)(B), notify
the petitioner that each entity or person described in
paragraph (1) has sealed each paper and electronic copy
of the record.
``(3) Protection from perjury laws.--Except as provided in
paragraph (5)(C)(i), the person who is the subject of a
juvenile record sealed under subsection (a) or (b) or a parent
of the person shall not be subject to prosecution under any
civil or criminal provision of Federal or State law relating to
perjury, false swearing, or making a false statement, including
section 1001, 1621, 1622, or 1623, for failing to acknowledge
the record or respond to any inquiry made of the person or the
parent, relating to the record, for any purpose.
``(4) Law enforcement access to sealed records.--A law
enforcement agency may access a sealed juvenile record of a
person solely--
``(A) to determine whether the person is eligible
for a first-time-offender diversion program;
``(B) for investigatory or prosecutorial purposes
within the juvenile justice system; or
``(C) for a background check that relates to--
``(i) law enforcement employment; or
``(ii) any employment that requires a
government security clearance.
``(5) Prohibition on disclosure.--
``(A) Prohibition.--Except as provided in
subparagraph (C), 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 section.
``(B) Penalty.--Any person who violates
subparagraph (A) shall be fined under this title,
imprisoned for not more than 1 year, or both.
``(C) Exceptions.--
``(i) Background checks.--A person who is
the subject of a juvenile record sealed under
this section shall, and a Federal or State law
enforcement agency that possesses such a record
may, disclose the record in the case of a
background check for--
``(I) law enforcement employment;
or
``(II) any employment that requires
a government security clearance.
``(ii) Disclosure to armed forces.--A
person may disclose information from a sealed
juvenile record to the Secretaries of the
military departments (or the Secretary of
Homeland Security with respect to the Coast
Guard when it is not operating as a service in
the Navy) for the purpose of vetting an
enlistment or commission, or with regard to any
member of the Armed Forces.
``(iii) 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 record.
``Sec. 5044. Expungement
``(a) Automatic Expungement of Certain Records.--
``(1) Attorney general motion.--
``(A) Nonviolent offenses committed before a person
turned 15.--If a person is adjudicated delinquent under
this chapter for a juvenile nonviolent offense
committed before the person attained 15 years of age,
on the date on which the person attains 18 years of
age, 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 expunged.
``(B) Arrests.--If a juvenile is arrested for an
offense for which a juvenile delinquency proceeding is
not instituted under this subchapter, 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 expunged.
``(C) 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 (A) or an arrest for an offense under
subparagraph (B), the court shall grant the motion and
order that each juvenile record relating to the offense
or arrest, as applicable, be expunged.
``(2) Dismissed cases.--If a district court of the United
States dismisses an information with respect to a juvenile
under this subchapter or finds a juvenile not to be delinquent
in a juvenile delinquency proceeding under this subchapter, the
court shall concurrently order that each juvenile record
relating to the applicable proceeding be expunged.
``(3) Automatic nature of expungement.--An order of
expungement under paragraph (1)(C) or (2) shall not require any
action by the person whose records are to be expunged.
``(4) Notice of automatic expungement.--A court that orders
the expungement of a juvenile record of a person under
paragraph (1)(C) or (2) shall inform the person of the
expungement and the benefits of expunging the record, including
protection from civil and criminal perjury, false swearing, and
false statement laws with respect to the record.
``(b) Petitioning for Expungement of Nonviolent Offenses.--
``(1) In general.--A person who is adjudged delinquent
under this chapter for a juvenile nonviolent offense committed
on or after the date on which the person attained 15 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.
``(2) Procedures.--
``(A) Notification of prosecutor and victims.--If a
person files an expungement petition with respect to a
juvenile nonviolent offense, the court in which the
petition is filed shall provide notice of the
petition--
``(i) to the Attorney General;
``(ii) to the extent reasonable and
practicable, to each victim of the offense; and
``(iii) upon the request of the petitioner,
to any other individual that the petitioner
determines may testify as to--
``(I) the conduct of the petitioner
since the date of the offense; or
``(II) the reasons that the
expungement order should be entered.
``(B) Hearing.--
``(i) In general.--Not later than 6 months
after the date on which a person files an
expungement petition, the court shall conduct a
hearing to determine whether to enter an
expungement order for the person.
``(ii) Opportunity to testify and offer
evidence.--
``(I) Petitioner.--The petitioner
may testify or offer evidence at the
expungement hearing in support of
expungement.
``(II) Prosecutor.--The Attorney
General may send a representative to
testify or offer evidence at the
expungement hearing in support of or
against expungement.
``(III) Victims.--
``(aa) In general.--A
victim who receives notice
under subparagraph (A)(ii) may
testify or offer evidence at
the expungement hearing in
support of or against
expungement.
``(bb) Locating victims.--
The inability of a court to
locate a victim shall not delay
a proceeding under this
subsection, preclude the
holding of an expungement
hearing, or preclude the
issuance of an expungement
order.
``(IV) Other individuals.--An
individual who receives notice under
subparagraph (A)(iii) may testify or
offer evidence at the expungement
hearing as to the issues described in
subclauses (I) and (II) of that
paragraph.
``(C) Basis for decision.--In conducting a hearing
under subparagraph (B), the court shall determine
whether to grant the expungement petition after
considering--
``(i) the evidence and testimony presented
by the Attorney General and any victims at the
hearing;
``(ii) the best interests of the
petitioner;
``(iii) the age of the petitioner during
his or her contact with the court or any law
enforcement agency;
``(iv) the nature of the juvenile
nonviolent offense;
``(v) the disposition of the case;
``(vi) the manner in which the petitioner
participated in any court-ordered
rehabilitative programming or supervised
services;
``(vii) the length of the time period
during which the petitioner has been without
contact with any court or any law enforcement
agency;
``(viii) whether the petitioner has had any
criminal or juvenile delinquency involvement
since the disposition of the juvenile
delinquency proceeding; and
``(ix) the adverse consequences the
petitioner may suffer if the petition is not
granted.
``(D) Waiting period after denial.--If the court
denies an expungement petition, the petitioner may not
file a new expungement petition with respect to the
same offense until the date that is 2 years after the
date of the denial.
``(E) Universal form.--The Attorney General shall
create a universal form, available over the Internet
and in paper form, that an individual may use to file
an expungement petition.
``(F) No fee for expungement.--There shall be no
cost for filing an expungement petition.
``(G) 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--
``(i) describes--
``(I) the number of expungement
petitions granted and denied under this
subsection; and
``(II) the number of instances in
which the Attorney General supported or
opposed an expungement petition; and
``(ii) includes any supporting data that
the court determines relevant and that does not
name any petitioner.
``(H) Public defender eligibility.--
``(i) Petitioners under age 18.--The
district court shall appoint counsel in
accordance with the plan of the district court
in operation under section 3006A to represent a
petitioner for purposes of this subsection if
the petitioner is less than 18 years of age.
``(ii) Petitioners age 18 and older.--
``(I) Discretion of court.--In the
case of a petitioner who not less than
18 years of age, 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 the
petitioner for purposes of this
subsection.
``(II) Considerations.--In
determining whether to appoint counsel
under subclause (I), the court shall
consider--
``(aa) the anticipated
complexity of the expungement
hearing, including the number
and type of witnesses called to
advocate against the
expungement of the records of
the petitioner; and
``(bb) the potential for
adverse testimony by a victim
or a representative of the
Attorney General.
``(c) Effect of Expunged Juvenile Record.--
``(1) In general.--Except as provided in this subsection,
if a court orders the expungement of a juvenile record under
subsection (a) or (b) with respect to a juvenile nonviolent
offense--
``(A) the offense and any arrest, juvenile
delinquency proceeding, adjudication, or other result
of such proceeding relating to the offense shall be
treated as if it never occurred; and
``(B) the person to whom the record pertains shall
not be required to disclose the existence of the
record.
``(2) Verification of expungement.--If a court orders the
expungement of a juvenile record under subsection (a) or (b)
with respect to a juvenile nonviolent offense, the court
shall--
``(A) send a copy of the expungement order to each
entity or person that possesses a record relating to
the offense, including each law enforcement agency,
each public or private correctional, detention, or
treatment facility, each other public or private
agency, and each person who provided treatment or
rehabilitation services for the petitioner under an
order of the court;
``(B) in the expungement order, require each entity
or person described in paragraph (1) to--
``(i) destroy the record; and
``(ii) submit a written certification to
the court, under penalty of perjury, that the
entity or person has destroyed each paper and
electronic copy of the record;
``(C) destroy each paper and electronic copy of the
record in the possession of the court; and
``(D) after receiving a written certification from
each entity or person under paragraph (2)(B), notify
the petitioner that each entity or person described in
paragraph (1) has destroyed each paper and electronic
copy of the record.
``(3) Reply to inquiries.--In the case of an inquiry
relating to a juvenile record of a person that is expunged
under this section, the court in which the proceeding took
place, each law enforcement officer, any agency that provided
treatment or rehabilitation services to the person, and the
person (except as provided in paragraph (6)) shall reply to the
inquiry that no such juvenile record exists.
``(4) Protection from perjury laws.--Except as provided in
paragraph (5), if a juvenile record of a person is expunged
under this section, the person who is the subject of the record
or a parent of the person shall not be subject to prosecution
under any civil or criminal provision of Federal or State law
relating to perjury, false swearing, or making a false
statement, including section 1001, 1621, 1622, or 1623, for
failing to acknowledge the record or respond to any inquiry
made of the person or the parent, relating to the record, for
any purpose.
``(5) Civil actions.--
``(A) In general.--If a person whose juvenile
record is expunged under this section brings an action
that might be defended with the contents of the record,
there shall be a rebuttable presumption that the
defendant has a complete defense to the action.
``(B) Showing by plaintiff.--In an action described
in subparagraph (A), 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 liable.
``(C) Duty to testify as to existence of record.--
The court in which an action described in subparagraph
(A) is filed may require the plaintiff to state under
oath whether the plaintiff had a juvenile record and
whether the record was expunged.
``(D) Proof of existence of juvenile record.--If
the plaintiff in an action described in subparagraph
(A) denies the existence of a juvenile record, the
defendant may prove the existence of the record in any
manner compatible with the applicable laws of evidence.
``(6) 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 record.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 403 of title 18, United States Code, is
amended by adding at the end the following:
``5043. Sealing.
``5044. Expungement.''.
(e) Juvenile Solitary Confinement.--
(1) In general.--Chapter 403 of title 18, United States
Code, as amended by subsection (d), is amended by adding at the
end the following:
``Sec. 5045. Juvenile solitary confinement
``(a) Definitions.--In this section--
``(1) the term `juvenile detention facility' means any
facility to which juveniles are committed, whether pursuant to
an adjudication of delinquency under this subchapter or
conviction for an offense; and
``(2) the term `room confinement' means the involuntary
restriction of a juvenile alone in a cell, room, or other area
for any reason.
``(b) Prohibition.--
``(1) In general.--The use of room confinement at a
juvenile detention facility for discipline, punishment,
retaliation, staffing shortages, administrative convenience, or
any reason other than as a temporary response to the behavior
of a juvenile that poses a serious and immediate risk of
physical harm to the juvenile or others is prohibited.
``(2) Juveniles posing risk of harm to others or to self
and others.--
``(A) Requirement to use least restrictive
techniques.--
``(i) In general.--Before an employee of a
juvenile detention facility places a juvenile
in room confinement, the employee shall attempt
to use less restrictive techniques, including--
``(I) talking with the juvenile to
de-escalate the situation; and
``(II) when possible, bringing in
other employees, qualified mental
health professionals, or other
juveniles to talk with the juvenile.
``(ii) Explanation.--Before an employee of
a juvenile facility places a juvenile in room
confinement, or immediately after doing so, the
employee shall explain to the juvenile--
``(I) the reasons for the room
confinement; and
``(II) the fact that the juvenile
will be released from room confinement
upon regaining self-control.
``(B) 3-hour maximum.--Except as provided in
paragraph (3), if a juvenile is placed in room
confinement because the juvenile poses a serious and
immediate risk of physical harm to others or to the
juvenile and others, the juvenile shall not remain in
room confinement for more than 3 hours.
``(C) Release.--As soon as a juvenile placed in
room confinement under subparagraph (A) is sufficiently
under control so as to no longer pose a serious and
immediate risk of physical harm to the juvenile or
others, the juvenile shall be released from room
confinement.
``(D) Spirit and purpose.--The use of consecutive
periods of room confinement to evade the spirit and
purpose of this subsection shall be prohibited.
``(E) Conditions.--A room used for room confinement
for a juvenile shall--
``(i) have not less than 80 square feet of
floor space;
``(ii) have adequate lighting, heating or
cooling (as applicable), and ventilation for
the comfort of the juvenile;
``(iii) be suicide-resistant and
protrusion-free; and
``(iv) have reasonable access to water,
toilet facilities, and hygiene supplies.
``(F) Access to services.--A juvenile placed in
room confinement shall--
``(i) have access to appropriate medical
and psychological services; and
``(ii) receive crisis intervention and one-
on-one observation.
``(G) Risk of harm after 3 hours.--If, after 3
hours of room confinement, a juvenile continues to pose
a serious and immediate risk of physical harm to others
or to the juvenile and others--
``(i) the juvenile shall be transferred to
another juvenile detention facility or internal
location where services can be provided to the
juvenile without relying on room confinement;
or
``(ii) if the juvenile cannot be
transferred to another juvenile detention
facility or internal location in accordance
with clause (i), an employee of the juvenile
detention facility shall initiate a referral to
a mental health facility that can meet the
needs of the juvenile.
``(3) Juveniles posing risk of harm to self.--
``(A) In general.--A juvenile may be placed in room
confinement to protect the juvenile from a serious and
immediate risk of physical harm that the juvenile poses
to himself or herself.
``(B) Release.--A juvenile placed in room
confinement under subparagraph (A) shall be released--
``(i) immediately when the juvenile no
longer poses a serious and immediate risk of
physical harm to himself or herself; and
``(ii) not later than 30 minutes after
being placed in room confinement.
``(C) Explanation.--Before placing a juvenile in
room confinement under subparagraph (A) or immediately
after doing so, an employee of a juvenile detention
facility shall explain to the juvenile--
``(i) the reasons for the room confinement;
and
``(ii) the fact that the juvenile will be
released within 30 minutes.
``(c) Study and Report.--Not later than 2 years after the date of
enactment of this section, and each year thereafter, the Attorney
General shall submit to Congress a report that--
``(1) contains a detailed description of the type of
physical force, restraints, and room confinement used at
juvenile detention facilities; and
``(2) describes the number of instances physical force,
restraints, or room confinement are used at juvenile detention
facilities, disaggregated by race, ethnicity, and gender.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 403 of title 18, United States Code, as
amended by subsection (d), is amended by adding at the end the
following:
``5045. Juvenile solitary confinement.''.
SEC. 4. STUDY AND REPORT ON COST SAVINGS FROM SEALING AND EXPUNGEMENT
PROVISIONS.
(a) Study.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act, the Attorney General, in consultation
with the Secretary of Labor and the Director of the Office of
Management and Budget, shall conduct a study on the cost
savings and broader economic impact of the sealing and
expungement provisions in the amendments made by sections 2, 3,
and 6 of this Act.
(2) Considerations.--In conducting the study under
paragraph (1), the Attorney General shall consider--
(A) the reduction in recidivism and associated cost
savings related to corrections and public safety;
(B) increased economic activity by former
offenders, including by conducting an analysis of the
tax revenue generated by that activity; and
(C) the economic impact on the household of former
offenders and the children of former offenders.
(b) Report.--Not later than 5 years after the date of enactment of
this Act, the Attorney General shall submit to Congress a report on the
study conducted under subsection (a).
SEC. 5. TANF ASSISTANCE AND SNAP BENEFITS.
(a) Amendment to Ban on Assistance.--Section 115 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (21
U.S.C. 862a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and adjusting
the margins accordingly;
(B) in the matter preceding subparagraph (A), as
redesignated--
(i) by striking ``An individual'' and
inserting the following:
``(1) Denial of assistance and benefits.--Except as
provided in paragraph (2), an individual''; and
(ii) by striking ``possession, use, or'';
and
(C) by adding at the end the following:
``(2) Exception for individuals who receive treatment and
other individuals.--The prohibition under paragraph (1) shall
not apply to an individual convicted of an offense described in
paragraph (1) who--
``(A) has committed an offense that the court in
which the individual is convicted (referred to in this
paragraph as the `court') determines is rationally
related to a substance abuse disorder;
``(B)(i) is on a waiting list for, is accepted for,
successfully participates in, or has satisfactorily
completed a substance abuse treatment program approved
by the court; or
``(ii) has been determined by the court to not need
substance abuse treatment; and
``(C) complies with all obligations imposed by the
court.'';
(2) in subsection (d), by striking ``the date of the
enactment of this Act'' each place that term appears and
inserting ``the date of enactment of the Record Expungement
Designed to Enhance Employment Act of 2014''; and
(3) in subsection (f), by striking paragraph (5) and
inserting the following:
``(5) Employment services, including job training programs
and any other employment services that are funded using
assistance or benefits referred to in subsection (a).''.
(b) Effect on State Elections To Opt Out or Limit Period of
Prohibition.--
(1) Definition.--In this subsection, the term ``TANF
assistance or SNAP benefits'' means assistance or benefits
referred to in section 115(a) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (21 U.S.C.
862a(a)).
(2) Effect.--A law enacted by a State under the authority
under subparagraph (A) or (B) of subsection (d)(1) of section
115 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (21 U.S.C. 862a) (as in effect on
the day before the date of enactment of this Act), and any
State law or regulation enacted to carry out the requirements
of such section (as in effect on the day before the date of
enactment of this Act), that imposes conditions on eligibility
for TANF assistance or SNAP benefits that are more restrictive
than the conditions on eligibility for TANF assistance or SNAP
benefits under such section as amended by subsection (a) shall
have no force or effect.
SEC. 6. STATE INCENTIVES.
(a) COPS Grants Priority.--Section 1701(c) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(c)) is amended--
(1) by striking ``In'' and inserting the following:
``(1) In general.--In'';
(2) by striking ``where feasible'' and all that follows,
and inserting the following: ``where feasible, to an
application--
``(A) for hiring and rehiring additional career law
enforcement officers that involves a non-Federal
contribution exceeding the 25 percent minimum under
subsection (g); or
``(B) from an applicant in a State that has in
effect--
``(i) a law relating to the
confidentiality, sealing, and expungement of
juvenile records that is substantially similar
to, or more generous to the former offender
than, the amendments made by subsections (b)
through (d) of section 3 of the Record
Expungement Designed to Enhance Employment Act
of 2014;
``(ii) a law prohibiting juvenile solitary
confinement that is substantially similar to,
or more restrictive than, the amendment made by
subsection (e) of section 3 of the Record
Expungement Designed to Enhance Employment Act
of 2014;
``(iii) a law relating to the sealing of
adult records that is substantially similar to,
or more generous to the former offender than,
the amendments made by section 2 of the Record
Expungement Designed to Enhance Employment Act
of 2014;
``(iv) subject to paragraph (2), a law that
establishes that an adult criminal court may
not have original jurisdiction over an
individual who was less than 18 years of age
when the individual committed an offense;
``(v) a law that allows an individual who
has successfully sealed or expunged a criminal
record to be free from civil and criminal
perjury laws; or
``(vi) a law relating to the eligibility of
individuals for assistance or benefits referred
to in subsection (a) of section 115 of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (21 U.S.C. 862a(a))
that is no more restrictive than such section,
as amended by section 5 of the Record
Expungement Designed to Enhance Employment Act
of 2014.''; and
(3) by adding at the end the following:
``(2) Juvenile transfer provisions.--Paragraph (1)(B)(iv)
shall not be construed to preclude from preferential
consideration an application from an applicant in a State
that--
``(A) has in effect a law that authorizes the
transfer of an individual who is less than 18 years of
age to adult criminal court if the individual commits a
specified offense or an offense that falls under a
specified category of offenses; or
``(B) exercises other case-specific transfer
mechanisms.
``(3) Degree of priority commensurate with degree of
compliance.--If the Attorney General, in awarding grants under
this part, gives preferential consideration to any application
as authorized under paragraph (1)(B), the Attorney General
shall base the degree of preferential consideration given to an
application from an applicant in a particular State on the
number of clauses under paragraph (1)(B) that the State has
satisfied, relative to the number of such clauses that each
other State has satisfied.''.
(b) Attorney General Guidelines and Technical Assistance.--The
Attorney General shall issue guidelines and provide technical
assistance to assist States in complying with the incentive under
section 1701(c)(1)(B) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796dd(c)(1)(B)), as added by subsection (a).
SEC. 7. ENSURING ACCURACY IN THE FBI BACKGROUND CHECK SYSTEM.
(a) In General.--Section 534 of title 28, United States Code, is
amended by adding at the end the following:
``(g) Ensuring Accuracy in the FBI Background Check System.--
``(1) Definitions.--In this subsection--
``(A) the term `applicant' means the individual to
whom a record sought to be exchanged pertains;
``(B) the term `incomplete', with respect to a
record, means the record--
``(i) indicates that an individual was
arrested but does not describe the offense for
which the individual was arrested; or
``(ii) 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 reached;
``(C) the term `record' means a record or other
information collected under this section;
``(D) the term `reporting jurisdiction' means any
person or entity that provides a record to the Attorney
General under this section; and
``(E) the term `requesting entity'--
``(i) means a person or entity that seeks
the exchange of a record for civil purposes
that include employment, housing, credit, or
any other type of application; and
``(ii) does not include a law enforcement
or intelligence agency that seeks the exchange
of a record for--
``(I) investigative purposes; or
``(II) purposes relating to--
``(aa) law enforcement
employment; or
``(bb) employment that
requires a government security
clearance.
``(2) Periodic review and update of records.--Not later
than 1 year after the date of enactment of the Record
Expungement Designed to Enhance Employment Act of 2014, and
every 2 years thereafter, the Attorney General shall--
``(A) review each record for completeness and
accuracy; and
``(B) to the extent feasible, update or correct
each incomplete or inaccurate record.
``(3) Incomplete or inaccurate records.--If the Attorney
General determines under paragraph (2)(A) that a record is
incomplete or inaccurate, the Attorney General--
``(A) shall notify each relevant reporting
jurisdiction that the record is incomplete or
inaccurate; and
``(B) may not exchange the record with a requesting
entity until the Attorney General updates or corrects
the record.''.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Attorney General shall submit to Congress a report on the
implementation of section 534(g) of title 28, United States Code, as
added by subsection (a), that includes--
(1) the number of exchanges of records or information for
employment-related purposes made with entities in each State
through the records system created under section 534 of title
28, United States Code;
(2) appropriate statistical information to determine
whether the exchange of records or information about arrests
that did not result in convictions is affecting the employment
opportunities of employees to whom those records or information
pertain;
(3) any prolonged failure of a reporting jurisdiction to
comply with a request by the Attorney General for information
about dispositions of arrests; and
(4) the numbers of successful and unsuccessful challenges
to the accuracy and completeness of records or information, by
State where the records and information originated.
SEC. 8. REPORT ON STATUTORY AND REGULATORY RESTRICTIONS AND
DISQUALIFICATIONS BASED ON CRIMINAL RECORDS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Attorney General, in consultation with the Secretary
of Labor and the Director of the Office of Personnel Management, shall
submit to Congress a report on each Federal statute, regulation, or
policy that authorizes a restriction on, or disqualification of, an
applicant for employment or for a Federal license or permit based on
the criminal record of the applicant.
(b) Identification of Information.--In the report submitted under
subsection (a), the Attorney General shall--
(1) identify each occupation, position, license, or permit
to which a restriction or disqualification described in
subsection (a) applies; and
(2) for each occupation, position, license, or permit
identified under paragraph (1), include--
(A) a description of the restriction or
disqualification;
(B) the duration of the restriction or
disqualification;
(C) an evaluation of the rationale for the
restriction or disqualification and its continuing
usefulness;
(D) the procedures, if any, to appeal, waive or
exempt the restriction or disqualification based on a
showing of rehabilitation or other relevant evidence;
(E) any information available about the numbers of
individuals restricted or disqualified on the basis of
a criminal record; and
(F) the identity of the Federal agency with
jurisdiction over the restriction or disqualification.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Agriculture, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Agriculture, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Agriculture, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Department Operations, Oversight, and Nutrition.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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