No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5266 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5266
To require automatic sealing of certain criminal records, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Mr. Casey (for himself and Mr. Paul) introduced the following bill;
which was read twice and 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 2024''.
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) has been--
``(i) arrested for a Federal offense for
which the individual was not convicted; or
``(ii) 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 of any offense related
to treason, terrorism, access and transmission of
sensitive defense information, or other national
security related convictions;
``(2) the term `covered nonviolent offense involving
marijuana' means a nonviolent offense relating to marijuana
that is--
``(A) an offense under the Controlled Substances
Act (21 U.S.C. 801 et seq.), the Controlled Substances
Import and Export Act (21 U.S.C. 951 et seq.), or
chapter 705 of title 46; and
``(B) does not include--
``(i) an offense that includes any
controlled substance other than marijuana;
``(ii) an offense with respect to which the
court applied a sentencing enhancement under
section 2D1.1(b)(2) of the Federal sentencing
guidelines (relating to the use of violence or
the threat or direction to use violence); or
``(iii) an offense under--
``(I) section 1962 of this title;
``(II) subsection (b)(6), (b)(7),
or (d) of section 401 of the Controlled
Substances Act (21 U.S.C. 841);
``(III) section 408, 417, 419(c),
or 420 of the Controlled Substances Act
(21 U.S.C. 848, 858, 860(c), 861);
``(IV) section 418 of the
Controlled Substances Act (21 U.S.C.
859), if the person distributing
marijuana was older than 24 years old
at the time of the offense;
``(V) section 1010A of the
Controlled Substances Import and Export
Act (21 U.S.C. 960a); or
``(VI) an attempt or conspiracy to
commit an offense described in
subclauses (I) through (V);
``(3) the term `marijuana' has the meaning given the term
in section 102 of the Controlled Substances Act (21 U.S.C.
802);
``(4) the term `nonviolent offense' means an offense that
is not--
``(A) murder;
``(B) voluntary manslaughter;
``(C) kidnapping;
``(D) aggravated assault;
``(E) a forcible sex offense;
``(F) robbery;
``(G) arson;
``(H) extortion;
``(I) the use or unlawful possession of--
``(i) a firearm, as defined in section
5845(a) of the Internal Revenue Code of 1986;
or
``(ii) explosive materials, as defined in
section 841(c);
``(J) a sex offense, as defined in section 111 of
the Sex Offender Registration and Notification Act (34
U.S.C. 20911);
``(K) torture, in violation of section 2340A;
``(L) interstate domestic violence, in violation of
section 2261;
``(M) an offense under chapter 77; or
``(N) an attempt or conspiracy to commit an offense
described in clauses (i) through (xiii); and
``(5) the term `sex offender' has the meaning given the
term in section 111 of the Sex Offender Registration and
Notification Act (34 U.S.C. 20911).
``(b) Automatic Sealing for Certain Arrests and Nonviolent
Offenses.--
``(1) In general.--At the time of sentencing of a covered
individual for a conviction for an offense pursuant to section
404 of the Controlled Substances Act (21 U.S.C. 844) or any
covered 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 1 year after the covered individual fulfills each
requirement of the sentence, including--
``(A) completing each term of imprisonment,
probation, or supervised release; and
``(B) satisfying each condition of imprisonment,
probation, or supervised release.
``(2) Acquittal; determination not to file charges.--
``(A) Acquittal.--Not later than 60 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 paragraph (1) or
subparagraph (A) of this paragraph.
``(c) Effect of Sealing Order.--
``(1) Protection from access.--Except as provided in
paragraph (4), a record that has been sealed under this section
or section 3560A shall not be accessible to any person.
``(2) Protection from perjury laws.--
``(A) In general.--Except as provided in
subparagraph (B), an individual whose record has been
sealed pursuant to this section shall not be required
to disclose the existence of or any information
contained in the sealed record of the individual, 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 individual, relating to the
protected information.
``(B) Exception.--An individual whose record has
been sealed pursuant to this section shall disclose
information contained in such record--
``(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 or
another authorization described in subclauses
(I) through (IV) of paragraph (4)(A)(ii) that
the individual is seeking.
``(3) Background checks.--Except as provided in paragraph
(4), the existence of a record of an individual which has been
sealed pursuant to this section, or the information contained
therein, shall not be included in any background check
conducted on such individual.
``(4) Exceptions.--
``(A) Law enforcement and court access.--An officer
or employee of a law enforcement agency or a court may
access a record of an individual which has been sealed
pursuant to this section and is 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;
``(II) any position that a Federal
agency designates as a--
``(aa) national security
position; or
``(bb) high-risk, public
trust position;
``(III) the manufacture,
importation, sale, transfer,
possession, or carrying of firearms,
explosives, or ammunition; or
``(IV) employment in a position
involving the manufacture, importation,
handling, sale, or transfer of
controlled substances, as that term is
defined in section 102 of the
Controlled Substances Act (21 U.S.C.
802), or where the employment would
provide access to such controlled
substances.
``(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).
``(d) Individual Access.--Any individual whose record has been
sealed pursuant to this section or section 3560A may access the
information contained in the sealed record of the individual.
``(e) Penalty for Unauthorized Disclosure.--
``(1) In general.--Whoever knowingly accesses or discloses
information contained in a record sealed under this section or
section 3560A 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
crime victim (as such term is defined in section 3771(e)) from
accessing or disclosing information contained in record sealed
under this section or section 3560A.
``(f) Rule of Construction.--Nothing in this section or section
3560A shall abrogate or constrain the authority of a judge or judicial
body to vacate a judgment or sentence.
``(g) 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.
``(h) Applicability.--This section shall apply to an arrest that
occurred or conviction that was entered before, on, or after the date
of enactment of this section. Not later than 2 years after the date of
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.
``(i) 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.
``(j) Establishment of Partnerships.--
``(1) In general.--The Administrative Office of the United
States Courts or the Attorney General shall 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--
``(A) sealing records in accordance with this
section and section 3560A; and
``(B) enabling access to sealed records by Federal
and non-Federal law enforcement agencies for the
purposes set forth in subsection (c)(4)(A) of this
section.
``Sec. 3560A. 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) murder;
``(B) voluntary manslaughter;
``(C) kidnapping;
``(D) aggravated assault;
``(E) a forcible sex offense;
``(F) robbery;
``(G) arson;
``(H) extortion; or
``(I) the use or unlawful possession of--
``(i) a firearm, as defined in section
5845(a) of the Internal Revenue Code of 1986;
or
``(ii) explosive materials, as defined in
section 841(c);
``(J) a sex offense, as defined in section 111 of
the Sex Offender Registration and Notification Act (34
U.S.C. 20911);
``(K) torture, in violation of section 2340A;
``(L) interstate domestic violence, in violation of
section 2261;
``(M) an offense under chapter 77; or
``(N) an attempt or conspiracy to commit an offense
described in subparagraphs (A) through (M);
``(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, 2 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 of 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) Notification to crime victims.--Upon receipt of a
notification under paragraph (1)(A) by an office of the United
States attorney, the office shall make reasonable efforts to
identify any individual who was a crime victim (as such term is
defined in section 3771) of the offense and provide notice of
the petition.
``(3) 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 (4).
``(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.--At the request
of a petitioner, the district court in which
the petition is filed shall issue a subpoena
requiring an individual who receives notice
under paragraph (1)(B) to testify or offer
evidence at the sealing hearing as to the
issues described in clauses (i) and (ii) of
that paragraph.
``(C) Magistrate judges.--
``(i) In general.--A magistrate judge may
preside over a hearing under this paragraph,
and submit to a judge of the court proposed
findings of fact and recommendations for the
disposition, by a judge of the court, of any
sealing petition filed under this subsection.
``(ii) Recommendations.--Not later than 14
days after being served with a copy, any party
may serve and file written objections to the
proposed findings and recommendations of the
magistrate judge as provided by rules of court.
A judge of the court shall make a de novo
determination of those portions of the report
or specified proposed findings or
recommendations to which objection is made. A
judge of the court may accept, reject, or
modify, in whole or in part, the findings or
recommendations made by the magistrate judge.
The judge may also receive further evidence or
recommit the matter to the magistrate judge
with instructions.
``(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 (4) without a hearing.
``(4) 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 evidence and testimony
presented at the sealing hearing, if
such a hearing is conducted;
``(ii) may not consider any non-Federal
crimes of which the petitioner has not 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.
``(5) 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.
``(6) 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.
``(7) 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.
``(8) Effect of sealing.--Subsections (c) through (e) of
section 3560 shall apply to any record that is sealed under
this section.
``(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.
``3560A. Sealing of certain records upon petition.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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