No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3482 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3482
To reform sentencing laws and correctional institutions, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 15, 2025
Mr. Durbin (for himself and Mr. Grassley) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To reform sentencing laws and correctional institutions, 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 ``First Step
Implementation Act of 2025''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SENTENCING REFORM
Sec. 101. Application of First Step Act.
Sec. 102. Modifying safety valve for drug offenses.
TITLE II--CORRECTIONS REFORM
Sec. 201. Parole for juveniles.
Sec. 202. Juvenile sealing and expungement.
Sec. 203. Ensuring accuracy of Federal criminal records.
TITLE I--SENTENCING REFORM
SEC. 101. APPLICATION OF FIRST STEP ACT.
(a) Definitions.--In this section--
(1) the term ``covered offense'' means--
(A) a violation of a Federal criminal statute, the
statutory penalties for which were modified by section
401 or 403 of the First Step Act of 2018 (Public Law
115-391; 132 Stat. 5220), that was committed on or
before December 21, 2018; or
(B) a violation of a Federal criminal statute, the
statutory penalties for which are modified by
subsection (b) of this section; and
(2) the term ``serious violent felony'' has the meaning
given that term in section 102 of the Controlled Substances Act
(21 U.S.C. 802).
(b) Amendments.--
(1) In general.--
(A) Controlled substances act.--Section 401(b) of
the Controlled Substances Act (21 U.S.C. 841(b)) is
amended--
(i) in paragraph (1)--
(I) in subparagraph (C), by
striking ``felony drug offense'' and
inserting ``serious drug felony or
serious violent felony'';
(II) in subparagraph (D), by
striking ``felony drug offense'' and
inserting ``serious drug felony or
serious violent felony''; and
(III) in subparagraph (E)(ii), by
striking ``felony drug offense'' and
inserting ``serious drug felony or
serious violent felony'';
(ii) in paragraph (2), by striking ``felony
drug offense'' and inserting ``serious drug
felony or serious violent felony''; and
(iii) in paragraph (3), by striking
``felony drug offense'' and inserting ``serious
drug felony or serious violent felony''.
(B) Controlled substances import and export act.--
Section 1010(b)(3) of the Controlled Substances Import
and Export Act (21 U.S.C. 960(b)(3)) is amended by
striking ``felony drug offense'' and inserting
``serious drug felony or serious violent felony''.
(2) Pending cases.--This subsection, and the amendments
made by this subsection, shall apply to any sentence imposed on
or after the date of enactment of this Act, regardless of when
the offense was committed.
(c) Defendants Previously Sentenced.--A court that imposed a
sentence for a covered offense may, on motion of the defendant, the
Director of the Bureau of Prisons, the attorney for the Government, or
the court, impose a reduced sentence as if sections 401 and 403 of the
First Step Act of 2018 (Public Law 115-391; 132 Stat. 5220) and the
amendments made by subsection (b) of this section were in effect at the
time the covered offense was committed if, after considering the
factors set forth in section 3553(a) of title 18, United States Code,
the nature and seriousness of the danger to any person, the community,
or any crime victims, and the post-sentencing conduct of the defendant,
the sentencing court finds a reduction is consistent with the
amendments made by section 401 or 403 of the First Step Act of 2018
(Public Law 115-391; 132 Stat. 5220) or with the amendments made by
subsection (b) of this section.
(d) Crime Victims.--Any proceeding under this section shall be
subject to section 3771 of title 18, United States Code (commonly known
as the ``Crime Victims' Rights Act'').
(e) Requirement.--For each motion filed under subsection (c), the
Government shall conduct a particularized inquiry of the facts and
circumstances of the original sentencing of the defendant in order to
assess whether a reduction in sentence would be consistent with the
First Step Act of 2018 (Public Law 115-391; 132 Stat. 5194) and the
amendments made by that Act, including a review of any prior criminal
conduct or any other relevant information from Federal, State, and
local authorities.
SEC. 102. MODIFYING SAFETY VALVE FOR DRUG OFFENSES.
(a) Amendments.--Section 3553 of title 18, United States Code, is
amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Inadequacy of Criminal History.--
``(1) In general.--If subsection (f) does not apply to a
defendant because the defendant does not meet the requirements
described in subsection (f)(1) (relating to criminal history),
the court may, upon prior notice to the Government, waive
subsection (f)(1) if the court specifies in writing the
specific reasons why reliable information indicates that
excluding the defendant pursuant to subsection (f)(1)
substantially overrepresents the seriousness of the defendant's
criminal history or the likelihood that the defendant will
commit other crimes.
``(2) Prohibition.--This subsection shall not apply to any
defendant who has been convicted of a serious drug felony or a
serious violent felony, as those terms are defined in section
102 of the Controlled Substances Act (21 U.S.C. 802).''.
TITLE II--CORRECTIONS REFORM
SEC. 201. PAROLE FOR JUVENILES.
(a) In General.--Chapter 403 of title 18, United States Code, is
amended by inserting after section 5032 the following:
``Sec. 5032A. Modification of an imposed term of imprisonment for
violations of law committed prior to age 18
``(a) In General.--Notwithstanding any other provision of law, a
court may reduce a term of imprisonment imposed upon a defendant
convicted as an adult for an offense committed and completed before the
defendant attained 18 years of age if--
``(1) the defendant has served not less than 20 years in
custody for the offense; and
``(2) the court finds, after considering the factors set
forth in subsection (c), that the defendant is not a danger to
the safety of any person or the community and that the
interests of justice warrant a sentence modification.
``(b) Supervised Release.--Any defendant whose sentence is reduced
pursuant to subsection (a) shall be ordered to serve a period of
supervised release of not less than 5 years following release from
imprisonment. The conditions of supervised release and any modification
or revocation of the term of supervise release shall be in accordance
with section 3583.
``(c) Factors and Information To Be Considered in Determining
Whether To Modify a Term of Imprisonment.--The court, in determining
whether to reduce a term of imprisonment pursuant to subsection (a),
shall consider--
``(1) the factors described in section 3553(a), including
the nature of the offense and the history and characteristics
of the defendant;
``(2) the age of the defendant at the time of the offense;
``(3) a report and recommendation of the Bureau of Prisons,
including information on whether the defendant has
substantially complied with the rules of each institution in
which the defendant has been confined and whether the defendant
has completed any educational, vocational, or other prison
program, where available;
``(4) a report and recommendation of the United States
attorney for any district in which an offense for which the
defendant is imprisoned was prosecuted;
``(5) whether the defendant has demonstrated maturity,
rehabilitation, and a fitness to reenter society sufficient to
justify a sentence reduction;
``(6) any statement, which may be presented orally or
otherwise, by any victim of an offense for which the defendant
is imprisoned or by a family member of the victim if the victim
is deceased;
``(7) any report from a physical, mental, or psychiatric
examination of the defendant conducted by a licensed health
care professional;
``(8) the family and community circumstances of the
defendant at the time of the offense, including any history of
abuse, trauma, or involvement in the child welfare system;
``(9) the extent of the role of the defendant in the
offense and whether, and to what extent, an adult was involved
in the offense;
``(10) the diminished culpability of juveniles as compared
to that of adults, and the hallmark features of youth,
including immaturity, impetuosity, and failure to appreciate
risks and consequences, which counsel against sentencing
juveniles to the otherwise applicable term of imprisonment; and
``(11) any other information the court determines relevant
to the decision of the court.
``(d) Limitation on Applications Pursuant to This Section.--
``(1) Second application.--Not earlier than 5 years after
the date on which an order entered by a court on an initial
application under this section becomes final, a court shall
entertain a second application by the same defendant under this
section.
``(2) Final application.--Not earlier than 5 years after
the date on which an order entered by a court on a second
application under paragraph (1) becomes final, a court shall
entertain a final application by the same defendant under this
section.
``(3) Prohibition.--A court may not entertain an
application filed after an application filed under paragraph
(2) by the same defendant.
``(e) Procedures.--
``(1) Notice.--The Bureau of Prisons shall provide written
notice of this section to--
``(A) any defendant who has served not less than 19
years in prison for an offense committed and completed
before the defendant attained 18 years of age for which
the defendant was convicted as an adult; and
``(B) the sentencing court, the United States
attorney, and the Federal Public Defender or Executive
Director of the Community Defender Organization for the
judicial district in which the sentence described in
subparagraph (A) was imposed.
``(2) Crime victims' rights.--Upon receiving notice under
paragraph (1), the United States attorney shall provide any
notifications required under section 3771.
``(3) Application.--
``(A) In general.--An application for a sentence
reduction under this section shall be filed as a motion
to reduce the sentence of the defendant and may include
affidavits or other written material.
``(B) Requirement.--A motion to reduce a sentence
under this section shall be filed with the sentencing
court and a copy shall be served on the United States
attorney for the judicial district in which the
sentence was imposed.
``(4) Expanding the record; hearing.--
``(A) Expanding the record.--After the filing of a
motion to reduce a sentence under this section, the
court may direct the parties to expand the record by
submitting additional written materials relating to the
motion.
``(B) Hearing.--
``(i) In general.--The court shall conduct
a hearing on the motion, at which the defendant
and counsel for the defendant shall be given
the opportunity to be heard.
``(ii) Evidence.--In a hearing under this
section, the court may allow parties to present
evidence.
``(iii) Defendant's presence.--At a hearing
under this section, the defendant shall be
present unless the defendant waives the right
to be present. The requirement under this
clause may be satisfied by the defendant
appearing by video teleconference.
``(iv) Counsel.--A defendant who is unable
to obtain counsel is entitled to have counsel
appointed to represent the defendant for
proceedings under this section, including any
appeal, unless the defendant waives the right
to counsel.
``(v) Findings.--The court shall state in
open court, and file in writing, the reasons
for granting or denying a motion under this
section.
``(C) Appeal.--The Government or the defendant may
file a notice of appeal in the district court for
review of a final order under this section. The time
limit for filing such appeal shall be governed by rule
4(a) of the Federal Rules of Appellate Procedure.
``(f) Educational and Rehabilitative Programs.--A defendant who is
convicted and sentenced as an adult for an offense committed and
completed before the defendant attained 18 years of age may not be
deprived of any educational, training, or rehabilitative program that
is otherwise available to the general prison population.''.
(b) Table of Sections.--The table of sections for chapter 403 of
title 18, United States Code, is amended by inserting after the item
relating to section 5032 the following:
``5032A. Modification of an imposed term of imprisonment for violations
of law committed prior to age 18.''.
(c) Applicability.--The amendments made by this section shall apply
to any conviction entered before, on, or after the date of enactment of
this Act.
SEC. 202. 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' means to destroy a record and
obliterate the name of the person to whom the record pertains
from each official index or public record;
``(5) the term `expungement hearing' means a hearing held
under section 5045(b)(2)(B);
``(6) the term `expungement petition' means a petition for
expungement filed under section 5045(b);
``(7) the term `high-risk, public trust position' means a
position designated as a public trust position under section
731.106(b) of title 5, Code of Federal Regulations, or any
successor regulation;
``(8) the term `juvenile' means--
``(A) except as provided in subparagraph (B), a
person who has not attained the age of 18 years; 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 years;
``(9) the term `juvenile delinquency' means the violation
of a law of the United States committed by a person before
attaining the age of 18 years which would have been a crime if
committed by an adult, or a violation by such a person of
section 922(x);
``(10) the term `juvenile nonviolent offense' means--
``(A) in the case of an arrest or an adjudication
that is dismissed or finds the juvenile to be not
delinquent, an act of juvenile delinquency that is
not--
``(i) a criminal homicide, forcible rape or
any other sex offense (as defined in section
111 of the Sex Offender Registration and
Notification Act (34 U.S.C. 20911)),
kidnapping, aggravated assault, robbery,
burglary of an occupied structure, arson, or a
drug trafficking crime in which a firearm was
used; or
``(ii) a Federal crime of terrorism (as
defined in section 2332b(g)); and
``(B) in the case of an adjudication that finds the
juvenile to be delinquent, an act of juvenile
delinquency that is not--
``(i) described in clause (i) or (ii) of
subparagraph (A); or
``(ii) a misdemeanor crime of domestic
violence (as defined in section 921(a)(33));
``(11) 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;
``(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;
and
``(iii) a law enforcement record, including
a photograph or a State criminal justice
information system record; and
``(C) does not include--
``(i) fingerprints; or
``(ii) a DNA sample;
``(12) the term `petitioner' means a person who files an
expungement petition or a sealing petition;
``(13) the term `seal' means--
``(A) to close a record from public viewing so that
the record cannot be examined except by court order;
and
``(B) to physically seal the record shut and label
the record `SEALED' or, in the case of an electronic
record, the substantive equivalent;
``(14) the term `sealing hearing' means a hearing held
under section 5044(b)(2)(B); and
``(15) the term `sealing petition' means a petition for a
sealing order filed under section 5044(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. 5044. 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, in writing, inform the person of the sealing and the
benefits of sealing 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, unless the
person--
``(i) has been convicted of a crime or
adjudicated delinquent for an act of juvenile
delinquency since the date of the disposition;
or
``(ii) is engaged in active criminal court
proceedings or juvenile delinquency
proceedings.
``(B) Notice of opportunity to file petition.--If a
person is adjudicated delinquent for a juvenile
nonviolent offense, the court in which the person is
adjudicated delinquent shall, in writing, 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 adjudicated 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 to prosecutor.--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; and
``(ii) 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.--If a person files a
sealing petition, the court shall--
``(I) except as provided in clause
(iii), conduct a hearing in accordance
with clause (ii); and
``(II) determine whether to enter a
sealing order for the person in
accordance with subparagraph (C).
``(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) Other individuals.--An
individual who receives notice under
subparagraph (A)(ii) may testify or
offer evidence at the sealing hearing
as to the issues described in
subclauses (I) and (II) of that
subparagraph.
``(iii) Waiver of hearing.--If the
petitioner and the Attorney General so agree,
the court shall make a determination under
subparagraph (C) without a hearing.
``(C) Basis for decision.--The court shall
determine whether to grant the sealing petition after
considering--
``(i) the sealing petition and any
documents in the possession of the court;
``(ii) all the evidence and testimony
presented at the sealing hearing, if such a
hearing is conducted;
``(iii) the best interests of the
petitioner;
``(iv) the age of the petitioner during his
or her contact with the court or any law
enforcement agency;
``(v) the nature of the juvenile nonviolent
offense;
``(vi) the disposition of the case;
``(vii) the manner in which the petitioner
participated in any court-ordered
rehabilitative programming or supervised
services;
``(viii) the length of the time period
during which the petitioner has been without
contact with any court or law enforcement
agency;
``(ix) whether the petitioner has had any
criminal or juvenile delinquency involvement
since the disposition of the juvenile
delinquency proceeding; and
``(x) 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 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.
``(F) No fee for indigent petitioners.--If the
court determines that the petitioner is indigent, 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, the Director of the Administrative Office
of the United States Courts 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;
``(ii) includes any supporting data that
the Director determines relevant and that does
not name any petitioner; and
``(iii) disaggregates all relevant data by
race, ethnicity, gender, and the nature of the
offense.
``(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 is 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) Protection from disclosure.--Except as provided in
paragraphs (3) and (4), if a court orders the sealing of a
juvenile record of a person under subsection (a) or (b) with
respect to a juvenile nonviolent offense, the proceedings in
the case shall be deemed never to have occurred, and the person
may properly reply accordingly to any inquiry about the events
the records of which are ordered sealed.
``(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 known to the court that possesses a
record relating to the offense, including each--
``(i) law enforcement agency; and
``(ii) public or private correctional or
detention facility;
``(B) in the sealing order, require each entity or
person described in subparagraph (A) 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 subparagraph (B)(ii),
notify the petitioner that each entity or person
described in subparagraph (A) has sealed each paper and
electronic copy of the record.
``(3) Law enforcement access to sealed records.--
``(A) In general.--Except as provided in
subparagraph (B), a law enforcement agency may access a
sealed juvenile record in the possession of the agency
or another law enforcement agency solely--
``(i) to determine whether the person who
is the subject of the record is a nonviolent
offender eligible for a first-time-offender
diversion program;
``(ii) for investigatory or prosecutorial
purposes; or
``(iii) for a background check that relates
to--
``(I) law enforcement employment;
or
``(II) any position that a Federal
agency designates as a--
``(aa) national security
position; or
``(bb) high-risk, public
trust position.
``(B) Transition period.--During the 1-year period
beginning on the date on which a court orders the
sealing of a juvenile record under this section, a law
enforcement agency may, for law enforcement purposes,
access the record if the record is in the possession of
the agency or another law enforcement agency.
``(4) 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.--In the case of a
background check for law enforcement employment
or for any employment that requires a
government security clearance--
``(I) a person who is the subject
of a juvenile record sealed under this
section shall disclose the contents of
the record; and
``(II) a law enforcement agency
that possesses a juvenile record sealed
under this section--
``(aa) may disclose the
contents of the record; and
``(bb) if the agency
obtains or is subject to a
court order authorizing
disclosure of the record, may
disclose the record.
``(ii) Disclosure to armed forces.--A
person, including a law enforcement agency that
possesses a juvenile record sealed under this
section, may disclose information from a
juvenile record sealed under this section 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) Criminal and juvenile
proceedings.--A prosecutor or other law
enforcement officer may disclose information
from a juvenile record sealed under this
section, and a person who is the subject of a
juvenile record sealed under this section may
be required to testify or otherwise disclose
information about the record, in a criminal or
other proceeding if such disclosure is required
by the Constitution of the United States, the
constitution of a State, or a Federal or State
statute or rule.
``(iv) 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.
``(d) Limitation Relating to Subsequent Incidents.--
``(1) After filing and before petition granted.--If, after
the date on which a person files a sealing petition with
respect to a juvenile offense and before the court determines
whether to grant the petition, the person is convicted of a
crime, adjudicated delinquent for an act of juvenile
delinquency, or engaged in active criminal court proceedings or
juvenile delinquency proceedings, the court shall deny the
petition.
``(2) After petition granted.--If, on or after the date on
which a court orders the sealing of a juvenile record of a
person under subsection (b), the person is convicted of a crime
or adjudicated delinquent for an act of juvenile delinquency--
``(A) the court shall--
``(i) vacate the order; and
``(ii) notify the person who is the subject
of the juvenile record, and each entity or
person described in subsection (c)(2)(A), that
the order has been vacated; and
``(B) the record shall no longer be sealed.
``(e) Inclusion of State Juvenile Delinquency Adjudications and
Proceedings.--For purposes of subparagraphs (A) and (B) of subsection
(a)(1), clauses (i) and (ii) of subsection (b)(1)(A), subsection
(b)(2)(C)(ix), and paragraphs (1) and (2) of subsection (d), the term
`juvenile delinquency' includes the violation of a law of a State
committed by a person before attaining the age of 18 years which would
have been a crime if committed by an adult.
``Sec. 5045. 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
and completes every term of probation, official
detention, or juvenile delinquent supervision ordered
by the court with respect to the offense before
attaining 18 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 by a
Federal law enforcement agency for a juvenile
nonviolent offense for which a juvenile delinquency
proceeding is not instituted under this chapter, and
for which the United States does not proceed against
the juvenile as an adult in a district court of the
United States, 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 a juvenile nonviolent
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 chapter or finds a juvenile not to be delinquent in
a juvenile delinquency proceeding under this chapter, 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, in writing, inform the person of
the expungement and the benefits of expunging the record.
``(b) Petitioning for Expungement of Nonviolent Offenses.--
``(1) In general.--A person who is adjudicated 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 unless the person--
``(A) has been convicted of a crime or adjudicated
delinquent for an act of juvenile delinquency since the
date of the disposition;
``(B) is engaged in active criminal court
proceedings or juvenile delinquency proceedings; or
``(C) has had not less than 2 adjudications of
delinquency previously expunged under this section.
``(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; and
``(ii) 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.--If a person files an
expungement petition, the court shall--
``(I) except as provided in clause
(iii), conduct a hearing in accordance
with clause (ii); and
``(II) determine whether to enter
an expungement order for the person in
accordance with subparagraph (C).
``(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) Other individuals.--An
individual who receives notice under
subparagraph (A)(ii) may testify or
offer evidence at the expungement
hearing as to the issues described in
subclauses (I) and (II) of that
subparagraph.
``(iii) Waiver of hearing.--If the
petitioner and the Attorney General so agree,
the court shall make a determination under
subparagraph (C) without a hearing.
``(C) Basis for decision.--The court shall
determine whether to grant an expungement petition
after considering--
``(i) the petition and any documents in the
possession of the court;
``(ii) all the evidence and testimony
presented at the expungement hearing, if such a
hearing is conducted;
``(iii) the best interests of the
petitioner;
``(iv) the age of the petitioner during his
or her contact with the court or any law
enforcement agency;
``(v) the nature of the juvenile nonviolent
offense;
``(vi) the disposition of the case;
``(vii) the manner in which the petitioner
participated in any court-ordered
rehabilitative programming or supervised
services;
``(viii) the length of the time period
during which the petitioner has been without
contact with any court or any law enforcement
agency;
``(ix) whether the petitioner has had any
criminal or juvenile delinquency involvement
since the disposition of the juvenile
delinquency proceeding; and
``(x) 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 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
an expungement petition.
``(F) No fee for indigent petitioners.--If the
court determines that the petitioner is indigent, 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, the Director of the Administrative Office
of the United States Courts 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;
``(ii) includes any supporting data that
the Director determines relevant and that does
not name any petitioner; and
``(iii) disaggregates all relevant data by
race, ethnicity, gender, and the nature of the
offense.
``(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 is 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) Protection from disclosure.--Except as provided in
paragraphs (4) through (8), if a court orders the expungement
of a juvenile record of a person under subsection (a) or (b)
with respect to a juvenile nonviolent offense, the proceedings
in the case shall be deemed never to have occurred, and the
person may properly reply accordingly to any inquiry about the
events the records of which are ordered expunged.
``(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 known to the court that possesses a
record relating to the offense, including each--
``(i) law enforcement agency; and
``(ii) public or private correctional or
detention facility;
``(B) in the expungement order--
``(i) require each entity or person
described in subparagraph (A) to--
``(I) seal the record for 1 year
and, during that 1-year period, apply
paragraphs (3) and (4) of section
5044(c) with respect to the record;
``(II) on the date that is 1 year
after the date of the order, destroy
the record unless a subsequent incident
described in subsection (d)(2) occurs;
and
``(III) 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; and
``(ii) explain that if a subsequent
incident described in subsection (d)(2) occurs,
the order shall be vacated and--
``(I) if the incident occurs during
the 1-year period described in clause
(i)(I) of this subparagraph, the record
shall no longer be sealed; or
``(II) if the record has been
expunged because the incident occurs
after the 1-year period described in
clause (i)(I) of this subparagraph, the
record shall not be treated as having
been expunged;
``(C) on the date that is 1 year after the date of
the order, destroy each paper and electronic copy of
the record in the possession of the court unless a
subsequent incident described in subsection (d)(2)
occurs; and
``(D) after receiving a written certification from
each entity or person under subparagraph (B)(i)(III),
notify the petitioner that each entity or person
described in subparagraph (A) has destroyed each paper
and electronic copy of the record.
``(3) Reply to inquiries.--On and after the date that is 1
year after the date on which a court orders the expungement of
a juvenile record of a person under this section, in the case
of an inquiry relating to the juvenile record, the court, each
law enforcement officer, any agency that provided treatment or
rehabilitation services to the person, and the person (except
as provided in paragraphs (4) through (8)) shall reply to the
inquiry that no such juvenile record exists.
``(4) Civil actions.--
``(A) In general.--On and after the date on which a
court orders the expungement of a juvenile record of a
person under this section, if the person brings an
action against a law enforcement agency that arrested,
or participated in the arrest of, the person for the
offense to which the record relates, or against the
State or political subdivision of a State of which the
law enforcement agency is an agency, in which the
contents of the record are relevant to the resolution
of the issues presented in the action, 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 held 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.
``(5) Criminal and juvenile proceedings.--On and after the
date that is 1 year after the date on which a court orders the
expungement of a juvenile record under this section, a
prosecutor or other law enforcement officer may disclose
underlying information from the juvenile record, and the person
who is the subject of the juvenile record may be required to
testify or otherwise disclose information about the record, in
a criminal or other proceeding if such disclosure is required
by the Constitution of the United States, the constitution of a
State, or a Federal or State statute or rule.
``(6) Background checks.--On and after the date that is 1
year after the date on which a court orders the expungement of
a juvenile record under this section, in the case of a
background check for law enforcement employment or for any
employment that requires a government security clearance, the
person who is the subject of the juvenile record may be
required to disclose underlying information from the record.
``(7) Disclosure to armed forces.--On and after the date
that is 1 year after the date on which a court orders the
expungement of a juvenile record under this section, a person,
including a law enforcement agency that possessed such a
juvenile record, may be required to disclose underlying
information from the 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.
``(8) 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.
``(9) Treatment as sealed record during transition
period.--During the 1-year period beginning on the date on
which a court orders the expungement of a juvenile record under
this section, paragraphs (3) and (4) of section 5044(c) shall
apply with respect to the record as if the record had been
sealed under that section.
``(d) Limitation Relating to Subsequent Incidents.--
``(1) After filing and before petition granted.--If, after
the date on which a person files an expungement petition with
respect to a juvenile offense and before the court determines
whether to grant the petition, the person is convicted of a
crime, adjudicated delinquent for an act of juvenile
delinquency, or engaged in active criminal court proceedings or
juvenile delinquency proceedings, the court shall deny the
petition.
``(2) After petition granted.--If, on or after the date on
which a court orders the expungement of a juvenile record of a
person under subsection (b), the person is convicted of a
crime, adjudicated delinquent for an act of juvenile
delinquency, or engaged in active criminal court proceedings or
juvenile delinquency proceedings--
``(A) the court that ordered the expungement
shall--
``(i) vacate the order; and
``(ii) notify the person who is the subject
of the juvenile record, and each entity or
person described in subsection (c)(2)(A), that
the order has been vacated; and
``(B) the record--
``(i) shall not be expunged; or
``(ii) if the record has been expunged
because 1 year has elapsed since the date of
the expungement order, shall not be treated as
having been expunged.
``(e) Inclusion of State Juvenile Delinquency Adjudications and
Proceedings.--For purposes of subparagraphs (A) and (B) of subsection
(b)(1), subsection (b)(2)(C)(ix), and paragraphs (1) and (2) of
subsection (d), the term `juvenile delinquency' includes the violation
of a law of a State committed by a person before attaining the age of
18 years which would have been a crime if committed by an adult.''.
(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:
``5044. Sealing.
``5045. Expungement.''.
(3) Applicability.--Sections 5044 and 5045 of title 18,
United States Code, as added by paragraph (1), shall apply with
respect to a juvenile nonviolent offense (as defined in section
5031 of such title, as amended by subsection (b)) that is
committed or alleged to have been committed before, on, or
after the date of enactment of this Act.
(e) Rule of Construction.--Nothing in the amendments made by this
section shall be construed to authorize the sealing or expungement of a
record of a criminal conviction of a juvenile who was proceeded against
as an adult in a district court of the United States.
SEC. 203. ENSURING ACCURACY OF FEDERAL CRIMINAL RECORDS.
(a) In General.--Section 534 of title 28, United States Code, is
amended by adding at the end the following:
``(g) Ensuring Accuracy of Federal Criminal Records.--
``(1) Definitions.--
``(A) In general.--In this subsection--
``(i) the term `applicant' means the
individual to whom a record sought to be
exchanged pertains;
``(ii) the term `high-risk, public trust
position' means a position designated as a
public trust position under section 731.106(b)
of title 5, Code of Federal Regulations, or any
successor regulation;
``(iii) 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;
``(iv) the term `record' means a record or
other information collected under this section
that relates to--
``(I) an arrest by a Federal law
enforcement officer; or
``(II) a Federal criminal
proceeding;
``(v) the term `reporting jurisdiction'
means any person or entity that provides a
record to the Attorney General under this
section; and
``(vi) 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--
``(aa) investigative
purposes; or
``(bb) purposes relating to
law enforcement employment.
``(B) Rule of construction.--The definition of the
term `requesting entity' under subparagraph (A) shall
not be construed to authorize access to records that is
not otherwise authorized by law.
``(2) Incomplete or inaccurate records.--The Attorney
General shall establish and enforce procedures to ensure the
prompt release of accurate records exchanged for employment-
related purposes through the records system created under this
section.
``(3) Required procedures.--The procedures established
under paragraph (2) shall include the following:
``(A) Inaccurate record or information.--If the
Attorney General determines that a record is
inaccurate, the Attorney General shall promptly correct
the record, including by making deletions to the record
if appropriate.
``(B) Incomplete record.--
``(i) In general.--If the Attorney General
determines that a record is incomplete or
cannot be verified, the Attorney General--
``(I) shall attempt to complete or
verify the record; and
``(II) if unable to complete or
verify the record, may promptly make
any changes or deletions to the record.
``(ii) Lack of disposition of arrest.--For
purposes of this subparagraph, an incomplete
record includes a record that indicates there
was an arrest and does not include the
disposition of the arrest.
``(iii) Obtaining disposition of arrest.--
If the Attorney General determines that a
record is an incomplete record described in
clause (ii), the Attorney General shall, not
later than 10 days after the date on which the
requesting entity requests the exchange and
before the exchange is made, obtain the
disposition (if any) of the arrest.
``(C) Notification of reporting jurisdiction.--The
Attorney General shall notify each appropriate
reporting jurisdiction of any action taken under
subparagraph (A) or (B).
``(D) Opportunity to review records by applicant.--
In connection with an exchange of a record under this
section, the Attorney General shall--
``(i) notify the applicant that the
applicant can obtain a copy of the record as
described in clause (ii) if the applicant
demonstrates a reasonable basis for the
applicant's review of the record;
``(ii) provide to the applicant an
opportunity, upon request and in accordance
with clause (i), to--
``(I) obtain a copy of the record;
and
``(II) challenge the accuracy and
completeness of the record;
``(iii) promptly notify the requesting
entity of any such challenge;
``(iv) not later than 30 days after the
date on which the challenge is made, complete
an investigation of the challenge;
``(v) provide to the applicant the specific
findings and results of that investigation;
``(vi) promptly make any changes or
deletions to the record required as a result of
the challenge; and
``(vii) report those changes to the
requesting entity.
``(E) Certain exchanges prohibited.--
``(i) In general.--An exchange shall not
include any record--
``(I) except as provided in clause
(ii), about an arrest more than 2 years
old as of the date of the request for
the exchange, that does not also
include a disposition (if any) of that
arrest;
``(II) relating to an adult or
juvenile nonserious offense of the sort
described in section 20.32(b) of title
28, Code of Federal Regulations, as in
effect on July 1, 2009; or
``(III) to the extent the record is
not clearly an arrest or a disposition
of an arrest.
``(ii) Applicants for sensitive
positions.--The prohibition under clause (i)(I)
shall not apply in the case of a background
check that relates to--
``(I) law enforcement employment;
or
``(II) any position that a Federal
agency designates as a--
``(aa) national security
position; or
``(bb) high-risk, public
trust position.
``(4) Fees.--The Attorney General may collect a reasonable
fee for an exchange of records for employment-related purposes
through the records system created under this section to defray
the costs associated with exchanges for those purposes,
including any costs associated with the investigation of
inaccurate or incomplete records.''.
(b) Regulations on Reasonable Procedures.--Not later than 1 year
after the date of enactment of this Act, the Attorney General shall
issue regulations to carry out section 534(g) of title 28, United
States Code, as added by subsection (a).
(c) Report.--
(1) Definition.--In this subsection, the term ``record''
has the meaning given the term in subsection (g) of section 534
of title 28, United States Code, as added by subsection (a).
(2) Report required.--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 subsection (g) of
section 534 of title 28, United States Code, as added by
subsection (a), that includes--
(A) the number of exchanges of records for
employment-related purposes made with entities in each
State through the records system created under such
section 534;
(B) any prolonged failure of a Federal agency to
comply with a request by the Attorney General for
information about dispositions of arrests; and
(C) the numbers of successful and unsuccessful
challenges to the accuracy and completeness of records,
organized by the Federal agency from which each record
originated.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary. (text: CR S8732-8737)
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