H.R. 3114

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3114 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 3114

To require automatic sealing of certain criminal records, and for other 
purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 30, 2025

Mrs. McBath (for herself and Mr. Moran) 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 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 2025''.

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 for any offense 
related to treason, terrorism, access and transmission 
of sensitive defense information, or other national 
security related convictions;
``(2) the term `marijuana' has the meaning given the term 
`marihuana' in section 102 of the Controlled Substances Act (21 
U.S.C. 802);
``(3) 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 that term is 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); and
``(4) the term `sex offender' has the meaning given the 
term in section 111 of the Adam Walsh Child Protection and 
Safety Act of 2006 (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 
Federal 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 individual's sealed record, 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 
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 for a position 
involving the manufacture, importation, 
handling, sale, or transfer of 
controlled substances, as that term is 
defined under the Controlled Substances 
Act (21 U.S.C. 802), or where the 
employment would provide access to such 
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 individual's sealed record.
``(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 
the 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.--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 sealing records in accordance with this section 
and section 3560A. This process shall enable 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 that term is 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 any of the 
offenses 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 for 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 for 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.
``(9) Public defender eligibility.--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 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.''.
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