Clean Slate Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 2348 To require automatic sealing of certain criminal records, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 22, 2019 Ms. BLUNT ROCHESTER (for herself and Mr. RESCHENTHALER) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require automatic sealing of certain criminal records, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Clean Slate Act of 4 2019’’. 5 SEC. 2. SEALING OF CERTAIN RECORDS. 6 (a) AMENDMENT.—Subchapter A of chapter 227 of 7 title 18, United States Code, is amended by adding at the 8 end the following: 9 VerDate Sep 11 2014 19:58 Apr 29, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2348.IH H2348 jbell on DSK3GLQ082PROD with BILLS 2 •HR 2348 IH ‘‘§ 3560. Automatic sealing of certain records 1 ‘‘(a) DEFINITIONS.—In this section— 2 ‘‘(1) the term ‘covered individual’ means an in- 3 dividual who— 4 ‘‘(A) is not a sex offender; 5 ‘‘(B)(i) has been arrested for a Federal of- 6 fense; or 7 ‘‘(ii) has been convicted of an offense 8 under section 404 of the Controlled Substances 9 Act (21 U.S.C. 844) or any Federal nonviolent 10 offense involving marijuana; 11 ‘‘(C) in the case of a conviction described 12 in subparagraph (B)(ii), has fulfilled each re- 13 quirement of the sentence for the offense, in- 14 cluding— 15 ‘‘(i) completing each term of imprison- 16 ment, probation, or supervised release; and 17 ‘‘(ii) satisfying each condition of im- 18 prisonment, probation, or supervised re- 19 lease; and 20 ‘‘(D) has not been convicted for any of- 21 fense related to treason, terrorism, access and 22 transmission of sensitive defense information, 23 or other national security related convictions; 24 ‘‘(2) the term ‘nonviolent offense’ means an of- 25 fense that is not a crime of violence, as defined in 26 VerDate Sep 11 2014 19:58 Apr 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2348.IH H2348 jbell on DSK3GLQ082PROD with BILLS 3 •HR 2348 IH subparagraphs (A) and (C) of section 3156(a)(4); 1 and 2 ‘‘(3) the term ‘sex offender’ has the meaning 3 given the term in section 111 of the Adam Walsh 4 Child Protection and Safety Act of 2006 (42 U.S.C. 5 16911). 6 ‘‘(b) AUTOMATIC SEALING FOR CERTAIN ARRESTS 7 AND NONVIOLENT OFFENSES.— 8 ‘‘(1) IN GENERAL.—At the time of sentencing 9 of a covered individual for a conviction pursuant to 10 section 404 of the Controlled Substances Act (21 11 U.S.C. 844) or of any Federal nonviolent offense in- 12 volving marijuana, the court shall enter an order 13 that each record and portion thereof that relates to 14 the offense shall be sealed automatically on the date 15 that is one year after the covered individual fulfills 16 each requirement of the sentence, except that such 17 record shall not be sealed if the individual has been 18 convicted of a subsequent criminal offense. 19 ‘‘(2) ACQUITTAL; DETERMINATION NOT TO FILE 20 CHARGES.— 21 ‘‘(A) ACQUITTAL.—Sixty days after the 22 date on which a covered individual is acquitted, 23 exonerated, or otherwise subject to a judgment 24 which did not result in a conviction for a Fed- 25 VerDate Sep 11 2014 19:58 Apr 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2348.IH H2348 jbell on DSK3GLQ082PROD with BILLS 4 •HR 2348 IH eral offense, each record or portion thereof that 1 relates to the Federal offense shall be sealed 2 automatically. 3 ‘‘(B) DETERMINATION NOT TO FILE 4 CHARGES.— 5 ‘‘(i) IN GENERAL.—If a covered indi- 6 vidual is arrested for a Federal offense and 7 the Government does not file charges 8 against the covered individual in relation 9 to the Federal offense before the date that 10 is 180 days after the date on which the ar- 11 rest was made, each record or portion 12 thereof that relates to the arrest and Fed- 13 eral offense shall be sealed automatically 14 on such date. 15 ‘‘(ii) UNSEALING FOR FILING OF 16 CHARGES.—At the request of the Govern- 17 ment, a court may unseal a record sealed 18 under clause (i) in order for the Govern- 19 ment to file charges against the covered in- 20 dividual in relation to the Federal offense 21 described in clause (i). 22 ‘‘(iii) LIMITATION.—If a record is un- 23 sealed under clause (ii), the record may 24 only be resealed in accordance with sub- 25 VerDate Sep 11 2014 19:58 Apr 29, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2348.IH H2348 jbell on DSK3GLQ082PROD with BILLS 5 •HR 2348 IH paragraph (A), paragraph (1), or para- 1 graph (2). 2 ‘‘(c) NOTICE OF AUTOMATIC SEALING.—Not later 3 than 60 days after an individual is arrested for a Federal 4 offense, the Attorney General shall, in writing, inform the 5 individual of the automatic sealing of records and the ef- 6 fect of such sealing under this section. 7 ‘‘(d) EFFECT OF SEALING ORDER.— 8 ‘‘(1) PROTECTION FROM ACCESS.—Except as 9 provided in paragraph (3), a record that has been 10 sealed under subsection (b) shall not be accessible to 11 any person. 12 ‘‘(2) PROTECTION FROM PERJURY LAWS.— 13 ‘‘(A) IN GENERAL.—Except as provided in 14 subparagraph (B), a covered individual with re- 15 spect to whom a record has been sealed under 16 subsection (b) shall not be required to disclose 17 such information, and shall not be subject to 18 prosecution under any civil or criminal provi- 19 sion of Federal or State law relating to perjury, 20 false swearing, or making a false statement, in- 21 cluding under section 1001, 1621, 1622, or 22 1623, for failing to recite or acknowledge any 23 information that has been sealed with respect to 24 the offense, or respond to any inquiry made of 25 VerDate Sep 11 2014 19:58 Apr 29, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2348.IH H2348 jbell on DSK3GLQ082PROD with BILLS 6 •HR 2348 IH the covered individual, relating to the protected 1 information. 2 ‘‘(B) EXCEPTION.—A covered individual 3 shall disclose information contained in a record 4 that has been sealed under subsection (b)— 5 ‘‘(i) when testifying in court; 6 ‘‘(ii) in the course of questioning by a 7 law enforcement officer in connection with 8 a subsequent criminal investigation; or 9 ‘‘(iii) in connection with employment 10 described in subclause (I) or (II) of para- 11 graph (3)(A)(ii) that the individual is seek- 12 ing. 13 ‘‘(3) BACKGROUND CHECKS.—Except as pro- 14 vided in paragraph (4), a sealed record of a covered 15 individual shall not be included in any background 16 check conducted on the covered individual. 17 ‘‘(4) LAW ENFORCEMENT AND COURT EXCEP- 18 TION.— 19 ‘‘(A) ACCESS.—An officer or employee of a 20 law enforcement agency or a court may access 21 a sealed record of a covered individual in the 22 possession of the agency or court, or another 23 law enforcement agency or court, solely— 24 VerDate Sep 11 2014 19:58 Apr 29, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2348.IH H2348 jbell on DSK3GLQ082PROD with BILLS 7 •HR 2348 IH ‘‘(i) for investigatory or prosecutorial 1 purposes; or 2 ‘‘(ii) for a background check that re- 3 lates to— 4 ‘‘(I) employment with a law en- 5 forcement agency; or 6 ‘‘(II) any position that a Federal 7 agency designates as a— 8 ‘‘(aa) national security posi- 9 tion; or 10 ‘‘(bb) high-risk, public trust 11 position. 12 ‘‘(B) DISCLOSURE.—An officer or em- 13 ployee of a law enforcement agency or a court 14 may disclose information contained in a sealed 15 record only in order to carry out the purposes 16 described in subparagraph (A). 17 ‘‘(e) PENALTY FOR UNAUTHORIZED DISCLOSURE.— 18 ‘‘(1) IN GENERAL.—Whoever knowingly ac- 19 cesses or discloses information contained in a sealed 20 record in a manner that is prohibited under this sec- 21 tion, shall be fined under this title, imprisoned for 22 not more than 1 year, or both. 23 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 24 this subsection prevents a covered individual or an 25 VerDate Sep 11 2014 19:58 Apr 29, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2348.IH H2348 jbell on DSK3GLQ082PROD with BILLS 8 •HR 2348 IH individual who was the victim of an offense from ac- 1 cessing or disclosing information contained in a 2 sealed record. 3 ‘‘(f) RULEMAKING.—The Attorney General shall, by 4 rule, establish a process to ensure that any record in the 5 possession of a Federal agency required to be sealed under 6 this section, is automatically sealed in accordance with this 7 section. 8 ‘‘(g) APPLICABILITY.—This section shall apply to an 9 arrest or conviction that occurred or was entered before, 10 on, or after the date of enactment of this section. Not later 11 than 2 years after the date of the enactment of this sec- 12 tion, the Attorney General shall ensure that any record 13 related to an arrest or conviction that occurred or was en- 14 tered prior to the automatic sealing of such a record, 15 which record is required to be sealed under this section, 16 is so sealed. 17 ‘‘(h) EMPLOYER IMMUNITY FROM LIABILITY.—An 18 employer who employs or otherwise engages an individual 19 whose criminal records were sealed pursuant to this sec- 20 tion shall be immune from liability for any claim arising 21 out of the misconduct of the individual, if the misconduct 22 relates to the portion of the criminal records that were 23 sealed pursuant to this section. 24 ‘‘(i) ESTABLISHMENT OF PARTNERSHIPS.— 25 VerDate Sep 11 2014 19:58 Apr 29, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2348.IH H2348 jbell on DSK3GLQ082PROD with BILLS 9 •HR 2348 IH ‘‘(1) IN GENERAL.—The Administrative Office 1 of the United States Courts may enter into a con- 2 tract with or make grants to an organization with 3 expertise in creating digital and technological sys- 4 tems to develop an efficient and effective process for 5 automatically sealing records in accordance with this 6 section. 7 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 8 There is authorized to be appropriated to 9 $2,000,000 to carry out this subsection. 10 ‘‘§ 3561. Sealing of certain records upon petition 11 ‘‘(a) DEFINITIONS.—In this section— 12 ‘‘(1) the term ‘covered nonviolent offense’ 13 means a Federal criminal offense that is not— 14 ‘‘(A) a crime of violence (as defined in sub- 15 paragraphs (A) and (C) of section 3156(a)(4)); 16 or 17 ‘‘(B) a sex offense (as that term is defined 18 in section 111 of the Sex Offender Registration 19 and Notification Act (42 U.S.C. 16911)); 20 ‘‘(2) the term ‘eligible individual’ means an in- 21 dividual who— 22 ‘‘(A) has been convicted of a covered non- 23 violent offense; 24 VerDate Sep 11 2014 19:58 Apr 29, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2348.IH H2348 jbell on DSK3GLQ082PROD with BILLS 10 •HR 2348 IH ‘‘(B) has fulfilled each requirement of the 1 sentence for the covered nonviolent offense, in- 2 cluding— 3 ‘‘(i) completing each term of imprison- 4 ment, probation, or supervised release; and 5 ‘‘(ii) satisfying each condition of im- 6 prisonment, probation, or supervised re- 7 lease; 8 ‘‘(C) has not been convicted of more than 9 2 felonies that are covered nonviolent offenses, 10 including any such convictions that have been 11 sealed (except that for purposes of this sub- 12 paragraph, two or more felony convictions that 13 are covered nonviolent offenses arising out of 14 the same act, or acts committed at the same 15 time, shall be treated as one felony conviction); 16 ‘‘(D) has not been convicted of any felony 17 that is not a covered nonviolent offense; and 18 ‘‘(E) has not been convicted for any of- 19 fense related to treason, terrorism, access and 20 transmission of sensitive defense information, 21 or other national security related convictions; 22 ‘‘(3) the term ‘petitioner’ means an individual 23 who files a sealing petition; 24 VerDate Sep 11 2014 19:58 Apr 29, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2348.IH H2348 jbell on DSK3GLQ082PROD with BILLS 11 •HR 2348 IH ‘‘(4) the term ‘protected information’, with re- 1 spect to a covered nonviolent offense, means any ref- 2 erence to— 3 ‘‘(A) an arrest, conviction, or sentence of 4 an individual for the offense; 5 ‘‘(B) the institution of criminal pro- 6 ceedings against an individual for the offense; 7 or 8 ‘‘(C) the result of criminal proceedings de- 9 scribed in subparagraph (B); 10 ‘‘(5) the term ‘sealing hearing’ means a hearing 11 held under subsection (c)(2); and 12 ‘‘(6) the term ‘sealing petition’ means a petition 13 for a sealing order filed under subsection (b). 14 ‘‘(b) RIGHT TO FILE SEALING PETITION.— 15 ‘‘(1) IN GENERAL.—On and after the date that 16 is 1 year after the date on which the eligible indi- 17 vidual has fulfilled each requirement described in 18 subsection (a)(2)(B), an eligible individual may file 19 a petition for a sealing order with respect to a cov- 20 ered nonviolent offense in a district court of the 21 United States. 22 ‘‘(2) NOTICE OF OPPORTUNITY TO FILE PETI- 23 TION.— 24 VerDate Sep 11 2014 19:58 Apr 29, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2348.IH H2348 jbell on DSK3GLQ082PROD with BILLS 12 •HR 2348 IH ‘‘(A) IN GENERAL.—If an individual is 1 convicted of a covered nonviolent offense and 2 will potentially be eligible to file a sealing peti- 3 tion with respect to the offense upon fulfilling 4 each requirement of the sentence for the offense 5 as described in subsection (a)(2)(B), the court 6 in which the individual is convicted shall, in 7 writing, inform the individual, on each date de- 8 scribed in subparagraph (B), of— 9 ‘‘(i) that potential eligibility; 10 ‘‘(ii) the necessary procedures for fil- 11 ing the sealing petition; and 12 ‘‘(iii) the benefits of sealing a record. 13 ‘‘(B) DATES.—The dates described in this 14 subparagraph are— 15 ‘‘(i) the date on which the individual 16 is convicted; and 17 ‘‘(ii) the date on which the individual 18 has completed every term of imprisonment, 19 probation, or supervised release relating to 20 the offense. 21 ‘‘(c) PROCEDURES.— 22 ‘‘(1) NOTIFICATION TO PROSECUTOR.—If an in- 23 dividual files a petition under subsection (b), the dis- 24 VerDate Sep 11 2014 19:58 Apr 29, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2348.IH H2348 jbell on DSK3GLQ082PROD with BILLS 13 •HR 2348 IH trict court in which the petition is filed shall provide 1 notice of the petition— 2 ‘‘(A) to the office of the United States at- 3 torney that prosecuted the petitioner for the of- 4 fense; and 5 ‘‘(B) upon the request of the petitioner, to 6 any other individual that the petitioner deter- 7 mines may testify as to the— 8 ‘‘ [Text truncated for display. 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