REDEEM Act

I 116TH CONGRESS 1ST SESSION H. R. 2410 To provide for the sealing or expungement of records relating to Federal nonviolent criminal offenses, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 30, 2019 Mr. CUMMINGS (for himself, Mr. NADLER, and Ms. BASS) introduced the fol- lowing bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Agriculture, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To provide for the sealing or expungement of records relating to Federal nonviolent criminal offenses, and for other purposes. Be it enacted by the Senate and House of 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 ‘‘Record Expungement 4 Designed to Enhance Employment Act of 2019’’ or the 5 ‘‘REDEEM Act’’. 6 VerDate Sep 11 2014 00:13 May 07, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410 pbinns on DSK79D2C42PROD with BILLS 2 •HR 2410 IH SEC. 2. SEALING OF CRIMINAL RECORDS. 1 (a) FINDING.—Congress finds that the definition of 2 the term ‘‘crime of violence’’ recommended by the United 3 States Sentencing Commission in the report entitled ‘‘Re- 4 port to the Congress: Career Offender Sentencing En- 5 hancements’’, published in August 2016, is clearer and 6 more specific than the definitions currently used in title 7 18, United States Code, and should be used to determine 8 the type of offenses eligible for sealing under the amend- 9 ments made by this section. 10 (b) AMENDMENT.—Chapter 229 of title 18, United 11 States Code, is amended by adding at the end the fol- 12 lowing: 13 ‘‘Subchapter E—Sealing of Criminal Records 14 ‘‘Sec. ‘‘3641. Definitions; eligible individuals. ‘‘3642. Automatic sealing of records of nonviolent drug offenses. ‘‘3643. Sealing petition. ‘‘3644. Effect of sealing order. ‘‘§ 3641. Definitions; eligible individuals 15 ‘‘(a) DEFINITIONS.—In this subchapter— 16 ‘‘(1) the term ‘covered nonviolent offense’ 17 means a Federal criminal offense that is not— 18 ‘‘(A) a crime of violence; or 19 ‘‘(B) a sex offense, as defined in section 20 111 of the Sex Offender Registration and Noti- 21 fication Act (34 U.S.C. 20911); 22 VerDate Sep 11 2014 00:13 May 07, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410 pbinns on DSK79D2C42PROD with BILLS 3 •HR 2410 IH ‘‘(2) the term ‘crime of violence’ means any of- 1 fense under Federal or State law, punishable by im- 2 prisonment for a term exceeding 1 year, that— 3 ‘‘(A) has as an element the use, attempted 4 use, or threatened use of physical force against 5 the person of another; or 6 ‘‘(B) is— 7 ‘‘(i) murder; 8 ‘‘(ii) voluntary manslaughter; 9 ‘‘(iii) kidnapping; 10 ‘‘(iv) aggravated assault; 11 ‘‘(v) a forcible sex offense; 12 ‘‘(vi) robbery; 13 ‘‘(vii) arson; 14 ‘‘(viii) extortion; or 15 ‘‘(ix) the use or unlawful possession 16 of— 17 ‘‘(I) a firearm, as defined in sec- 18 tion 5845(a) of the Internal Revenue 19 Code of 1986; or 20 ‘‘(II) explosive materials, as de- 21 fined in section 841(c); 22 ‘‘(3) the term ‘eligible individual’ means an in- 23 dividual who— 24 VerDate Sep 11 2014 00:13 May 07, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410 pbinns on DSK79D2C42PROD with BILLS 4 •HR 2410 IH ‘‘(A) has been arrested for or convicted of 1 a covered nonviolent offense; 2 ‘‘(B) in the case of a conviction described 3 in subparagraph (A), has fulfilled each require- 4 ment of the sentence for the covered nonviolent 5 offense, including— 6 ‘‘(i) completing each term of imprison- 7 ment, probation, or supervised release; and 8 ‘‘(ii) satisfying each condition of im- 9 prisonment, probation, or supervised re- 10 lease; 11 ‘‘(C) subject to subsection (b), has not 12 been convicted of more than 2 felonies that are 13 covered nonviolent offenses, including any such 14 convictions that have been sealed; and 15 ‘‘(D) has not been convicted of any felony 16 that is not a covered nonviolent offense; 17 ‘‘(4) the term ‘petitioner’ means an individual 18 who files a sealing petition; 19 ‘‘(5) the term ‘protected information’, with re- 20 spect to a covered nonviolent offense, means any ref- 21 erence to— 22 ‘‘(A) an arrest, conviction, or sentence of 23 an individual for the offense; 24 VerDate Sep 11 2014 00:13 May 07, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410 pbinns on DSK79D2C42PROD with BILLS 5 •HR 2410 IH ‘‘(B) the institution of criminal pro- 1 ceedings against an individual for the offense; 2 or 3 ‘‘(C) the result of criminal proceedings de- 4 scribed in subparagraph (B); 5 ‘‘(6) the term ‘seal’— 6 ‘‘(A) means— 7 ‘‘(i) to close a record from public 8 viewing so that the record cannot be exam- 9 ined except by court order; and 10 ‘‘(ii) to physically seal the record shut 11 and label the record ‘SEALED’ or, in the 12 case of an electronic record, the sub- 13 stantive equivalent; and 14 ‘‘(B) has the effect described in section 15 3644, including— 16 ‘‘(i) the right to treat the offense to 17 which a sealed record relates, and any ar- 18 rest, criminal proceeding, conviction, or 19 sentence relating to the offense, as if it 20 never occurred; and 21 ‘‘(ii) protection from civil and criminal 22 perjury, false swearing, and false state- 23 ment laws with respect to a sealed record; 24 VerDate Sep 11 2014 00:13 May 07, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410 pbinns on DSK79D2C42PROD with BILLS 6 •HR 2410 IH ‘‘(7) the term ‘sealing hearing’ means a hearing 1 held under section 3643(b)(2); and 2 ‘‘(8) the term ‘sealing petition’ means a petition 3 for a sealing order filed under section 3643(a). 4 ‘‘(b) ELIGIBLE INDIVIDUALS.— 5 ‘‘(1) MULTIPLE CONVICTIONS DEEMED TO BE 6 ONE CONVICTION.—For purposes of subsection 7 (a)(2)(C)— 8 ‘‘(A) multiple convictions shall be deemed 9 to be 1 conviction if the convictions result from 10 or relate to— 11 ‘‘(i) the same act; or 12 ‘‘(ii) acts committed at the same time; 13 and 14 ‘‘(B) subject to paragraph (2), multiple 15 convictions, not to exceed 3, that do not result 16 from or relate to the same act or acts com- 17 mitted at the same time shall be deemed to be 18 1 conviction if the convictions— 19 ‘‘(i) result from or relate to— 20 ‘‘(I) the same— 21 ‘‘(aa) indictment, informa- 22 tion, or complaint; 23 ‘‘(bb) plea of guilty; or 24 ‘‘(cc) official proceeding; or 25 VerDate Sep 11 2014 00:13 May 07, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410 pbinns on DSK79D2C42PROD with BILLS 7 •HR 2410 IH ‘‘(II) related criminal acts that 1 were committed within a 3-month pe- 2 riod; or 3 ‘‘(ii) are determined to be directly re- 4 lated to addiction or a substance use dis- 5 order. 6 ‘‘(2) DISCRETION OF COURT.— 7 ‘‘(A) IN GENERAL.—A court reviewing a 8 sealing petition may determine that it is not in 9 the public interest to deem multiple convictions 10 described in paragraph (1)(B) to be 1 convic- 11 tion. 12 ‘‘(B) REASONING.—If a court makes a de- 13 termination under subparagraph (A), the court 14 shall make available to the public the reasoning 15 for the determination. 16 ‘‘(C) REPORTING.—Not later than 2 years 17 after the date of enactment of this subchapter, 18 and each year thereafter, each district court of 19 the United States shall submit to the appro- 20 priate committees of Congress a report that de- 21 scribes the exercise of discretion by the court 22 under subparagraph (B), with all relevant data 23 disaggregated by race, ethnicity, gender, and 24 the nature of the offense. 25 VerDate Sep 11 2014 00:13 May 07, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410 pbinns on DSK79D2C42PROD with BILLS 8 •HR 2410 IH ‘‘§ 3642. Automatic sealing of records of nonviolent 1 drug offenses 2 ‘‘(a) DEFINITION.—In this section, the term ‘con- 3 victed of a nonviolent drug offense’, with respect to an 4 individual— 5 ‘‘(1) means the individual is convicted of a cov- 6 ered nonviolent offense that is an offense under the 7 Controlled Substances Act (21 U.S.C. 801 et seq.), 8 the Controlled Substances Import and Export Act 9 (21 U.S.C. 951 et seq.), or chapter 705 of title 46; 10 and 11 ‘‘(2) does not include a conviction with respect 12 to which the court applied a sentencing enhancement 13 under section 2D1.1(b)(2) of the Federal sentencing 14 guidelines (relating to the use of violence or the 15 threat or direction to use violence). 16 ‘‘(b) AUTOMATIC SEALING.—Five years after the 17 date on which an eligible individual who is convicted of 18 a nonviolent drug offense completes every term of impris- 19 onment, probation, or supervised release ordered by the 20 court with respect to the offense, the court shall order the 21 sealing of each record or portion thereof that relates to 22 the offense if the individual— 23 ‘‘(1) has not been convicted of a crime or adju- 24 dicated delinquent for an act of juvenile delinquency 25 since the date of the conviction; and 26 VerDate Sep 11 2014 00:13 May 07, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410 pbinns on DSK79D2C42PROD with BILLS 9 •HR 2410 IH ‘‘(2) is not engaged in active criminal court pro- 1 ceedings or juvenile delinquency proceedings. 2 ‘‘(c) AUTOMATIC NATURE OF SEALING.—The order 3 of sealing under subsection (b) shall require no action by 4 the individual whose records are to be sealed. 5 ‘‘(d) NOTICE OF AUTOMATIC SEALING.—A court that 6 orders the sealing of a record of an individual under sub- 7 section (b) shall, in writing, inform the individual of the 8 sealing and the benefits of sealing the record, including 9 protection from civil and criminal perjury, false swearing, 10 and false statement laws with respect to the record. 11 ‘‘§ 3643. Sealing petition 12 ‘‘(a) RIGHT TO FILE SEALING PETITION.— 13 ‘‘(1) IN GENERAL.—On and after the date de- 14 scribed in paragraph (2), an eligible individual may 15 file a petition for a sealing order with respect to a 16 covered nonviolent offense in a district court of the 17 United States. 18 ‘‘(2) DATES.—The date described in this para- 19 graph is— 20 ‘‘(A) for an eligible individual who is con- 21 victed of a covered nonviolent offense and sen- 22 tenced to a term of imprisonment, probation, or 23 supervised release, the date that is 1 year after 24 the date on which the eligible individual has 25 VerDate Sep 11 2014 00:13 May 07, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410 pbinns on DSK79D2C42PROD with BILLS 10 •HR 2410 IH completed every such term of imprisonment, 1 probation, or supervised release; and 2 ‘‘(B) for an eligible individual not de- 3 scribed in subparagraph (A), the date on which 4 the case relating to the covered nonviolent of- 5 fense is disposed of. 6 ‘‘(3) NOTICE OF OPPORTUNITY TO FILE PETI- 7 TION.— 8 ‘‘(A) CONVICTED INDIVIDUALS.— 9 ‘‘(i) IN GENERAL.—If an individual is 10 convicted of a covered nonviolent offense 11 and will potentially be eligible to file a 12 sealing petition with respect to the offense 13 upon fulfilling each requirement of the sen- 14 tence for the offense as described in sec- 15 tion 3641(a)(2)(B), the court in which the 16 individual is convicted shall, in writing, in- 17 form the individual, on each date described 18 in clause (ii), of— 19 ‘‘(I) that potential eligibility; 20 ‘‘(II) the necessary procedures 21 for filing the sealing petition; and 22 ‘‘(III) the benefits of sealing a 23 record, including protection from civil 24 and criminal perjury, false swearing, 25 VerDate Sep 11 2014 00:13 May 07, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410 pbinns on DSK79D2C42PROD with BILLS 11 •HR 2410 IH and false statement laws with respect 1 to the record. 2 ‘‘(ii) DATES.—The dates described in 3 this clause are— 4 ‘‘(I) the date on which the indi- 5 vidual is convicted; and 6 ‘‘(II) the date on which the indi- 7 vidual has completed every term of 8 imprisonment, probation, or super- 9 vised release relating to the offense. 10 ‘‘(B) INDIVIDUALS NOT CONVICTED.— 11 ‘‘(i) ARREST ONLY.—If an individual 12 is arrested for a covered nonviolent of- 13 fense, criminal proceedings are not insti- 14 tuted against the individual for the offense, 15 and the individual is potentially eligible to 16 file a sealing petition with respect to the 17 offense, on the date on which the case re- 18 lating to the offense is disposed of, the ar- 19 resting authority shall, in writing, inform 20 the individual of— 21 ‘‘(I) that potential eligibility; 22 ‘‘(II) the necessary procedures 23 for filing the sealing petition; and 24 VerDate Sep 11 2014 00:13 May 07, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410 pbinns on DSK79D2C42PROD with BILLS 12 •HR 2410 IH ‘‘(III) the benefits of sealing a 1 record, including protection from civil 2 and criminal perjury, false swearing, 3 and false statement laws with respect 4 to the record. 5 ‘‘(ii) COURT PROCEEDINGS.—If an in- 6 dividual is arrested for a covered non- 7 violent offense, criminal proceedings are in- 8 stituted against the individual for the of- 9 fense, the individual is not convicted of the 10 offense, and the individual is potentially el- 11 igible to file a sealing petition with respect 12 to the offense, on the date on which the 13 case relating to the offense is disposed of, 14 the court in which the criminal proceedings 15 take place shall, in writing, inform the in- 16 dividual of— 17 ‘‘(I) that potential eligibility; 18 ‘‘(II) the necessary procedures 19 for filing the sealing petition; and 20 ‘‘(III) the benefits of sealing a 21 record, including protection from civil 22 and criminal perjury, false swearing, 23 and false statement laws with respect 24 to the record. 25 VerDate Sep 11 2014 00:13 May 07, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410 pbinns on DSK79D2C42PROD with BILLS 13 •HR 2410 IH ‘‘(b) PROCEDURES.— 1 ‘‘(1) NOTIFICATION TO PROSECUTOR.—If an in- 2 dividual files a petition under subsection (a) with re- 3 spect to a covered nonviolent offense or arrest for a 4 covered nonviolent offense, the district court in 5 which the petition is filed shall provide notice of the 6 petition— 7 ‘‘(A) to the office of the United States at- 8 torney that prosecuted or would have pros- 9 ecuted the petitioner for the offense; and 10 ‘‘(B) upon the request of the petitioner, to 11 any other individual that the petitioner deter- 12 mines may testify as to the— [Text truncated for display. 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