119-s1580

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1580 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1580

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

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 May 1, 2025

Ms. Blunt Rochester (for herself and Mr. Paul) introduced the following 
 bill; which was read twice and referred to the Committee on the 
 Judiciary

_______________________________________________________________________

 A BILL

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

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Clean Slate Act of 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 of any offense related 
 to treason, terrorism, access and transmission of 
 sensitive defense information, or other national 
 security related convictions;
 ``

    (2) the term `covered nonviolent offense involving 
 marijuana' means a nonviolent offense relating to marijuana 
 that is--
 ``
        (A) an offense under the Controlled Substances 
 Act (21 U.S.C. 801 et seq.), the Controlled Substances 
 Import and Export Act (21 U.S.C. 951 et seq.), or 
 chapter 705 of title 46; and
 ``
        (B) does not include--
 ``
            (i) an offense that includes any 
 controlled substance other than marijuana;
 ``
            (ii) an offense with respect to which the 
 court applied a sentencing enhancement under 
 

section 2D1.1

    (b)

    (2) of the Federal sentencing 
 guidelines (relating to the use of violence or 
 the threat or direction to use violence); or
 ``
            (iii) an offense under--
 ``
            (I) section 1962 of this title;
 ``
            (II) subsection

    (b)

    (6) ,

    (b)

    (7) , 
 or
            (d) of 

section 401 of the Controlled 
 Substances Act (21 U.S.C. 841);
 ``
            (III) section 408, 417, 419
            (c) , 
 or 420 of the Controlled Substances Act 
 (21 U.S.C. 848, 858, 860
            (c) , 861);
 ``
            (IV) section 418 of the 
 Controlled Substances Act (21 U.S.C. 
 859), if the person distributing 
 marijuana was older than 24 years old 
 at the time of the offense;
 ``
            (V) section 1010A of the 
 Controlled Substances Import and Export 
 Act (21 U.S.C. 960a); or
 ``
            (VI) an attempt or conspiracy to 
 commit an offense described in 
 subclauses
            (I) through
            (V) ;
 ``

    (3) the term `marijuana' has the meaning given the term 
 in 

section 102 of the Controlled Substances Act (21 U.S.C. 
 802);
 ``

    (4) the term `nonviolent offense' means an offense that 
 is not--
 ``
        (A) murder;
 ``
        (B) voluntary manslaughter;
 ``
            (C) kidnapping;
 ``
            (D) aggravated assault;
 ``
        (E) a forcible sex offense;
 ``
        (F) robbery;
 ``
        (G) arson;
 ``
        (H) extortion;
 ``
            (I) the use or unlawful possession of--
 ``
            (i) a firearm, as defined in 

section 5845

    (a) of the Internal Revenue Code of 1986; 
 or
 ``
            (ii) explosive materials, as defined in 
 

section 841
            (c) ;
 ``
        (J) a sex offense, as defined in 

section 111 of 
 the Sex Offender Registration and Notification Act (34 
 U.S.C. 20911);
 ``
        (K) torture, in violation of 

section 2340A;
 ``
            (L) interstate domestic violence, in violation of 
 

section 2261;
 ``
            (M) an offense under chapter 77; or
 ``
        (N) an attempt or conspiracy to commit an offense 
 described in clauses
            (i) through
            (xiii) ; and
 ``

    (5) the term `sex offender' has the meaning given the 
 term in 

section 111 of the Sex Offender Registration and 
 Notification Act (34 U.S.C. 20911).
 ``

    (b) Automatic Sealing for Certain Arrests and Nonviolent 
Offenses.--
 ``

    (1) In general.--At the time of sentencing of a covered 
 individual for a conviction for an offense pursuant to 

section 404 of the Controlled Substances Act (21 U.S.C. 844) or any 
 covered nonviolent offense involving marijuana, the court shall 
 enter an order that each record and portion thereof that 
 relates to the offense shall be sealed automatically on the 
 date that is 1 year after the covered individual fulfills each 
 requirement of the sentence, including--
 ``
        (A) completing each term of imprisonment, 
 probation, or supervised release; and
 ``
        (B) satisfying each condition of imprisonment, 
 probation, or supervised release.
 ``

    (2) Acquittal; determination not to file charges.--
 ``
        (A) Acquittal.--Not later than 60 days after the 
 date on which a covered individual is acquitted, 
 exonerated, or otherwise subject to a judgment which 
 did not result in a conviction for a Federal offense, 
 each record or portion thereof that relates to the 
 Federal offense shall be sealed automatically.
 ``
        (B) Determination not to file charges.--
 ``
            (i) In general.--If a covered individual 
 is arrested for a Federal offense and the 
 Government does not file charges against the 
 covered individual in relation to the Federal 
 offense before the date that is 180 days after 
 the date on which the arrest was made, each 
 record or portion thereof that relates to the 
 arrest and Federal offense shall be sealed 
 automatically on such date.
 ``
            (ii) Unsealing for filing of charges.--At 
 the request of the Government, a court may 
 unseal a record sealed under clause
            (i) in 
 order for the Government to file charges 
 against the covered individual in relation to 
 the Federal offense described in clause
            (i) .
 ``
            (iii) Limitation.--If a record is 
 unsealed under clause
            (ii) , the record may only 
 be resealed in accordance with paragraph

    (1) or 
 subparagraph
        (A) of this paragraph.
 ``
            (c) Effect of Sealing Order.--
 ``

    (1) Protection from access.--Except as provided in 
 paragraph

    (4) , a record that has been sealed under this section 
 or 

section 3560A shall not be accessible to any person.
 ``

    (2) Protection from perjury laws.--
 ``
        (A) In general.--Except as provided in 
 subparagraph
        (B) , an individual whose record has been 
 sealed pursuant to this section shall not be required 
 to disclose the existence of or any information 
 contained in the sealed record of the individual, and 
 shall not be subject to prosecution under any civil or 
 criminal provision of Federal or State law relating to 
 perjury, false swearing, or making a false statement, 
 including under 

section 1001, 1621, 1622, or 1623, for 
 failing to recite or acknowledge any information that 
 has been sealed with respect to the offense, or respond 
 to any inquiry made of the individual, relating to the 
 protected information.
 ``
        (B) Exception.--An individual whose record has 
 been sealed pursuant to this section shall disclose 
 information contained in such record--
 ``
            (i) when testifying in court;
 ``
            (ii) in the course of questioning by a 
 law enforcement officer in connection with a 
 subsequent criminal investigation; or
 ``
            (iii) in connection with employment or 
 another authorization described in subclauses
            (I) through
            (IV) of paragraph

    (4)
        (A)
            (ii) that 
 the individual is seeking.
 ``

    (3) Background checks.--Except as provided in paragraph

    (4) , the existence of a record of an individual which has been 
 sealed pursuant to this section, or the information contained 
 therein, shall not be included in any background check 
 conducted on such individual.
 ``

    (4) Exceptions.--
 ``
        (A) Law enforcement and court access.--An officer 
 or employee of a law enforcement agency or a court may 
 access a record of an individual which has been sealed 
 pursuant to this section and is in the possession of 
 the agency or court, or another law enforcement agency 
 or court, solely--
 ``
            (i) for investigatory or prosecutorial 
 purposes; or
 ``
            (ii) for a background check that relates 
 to--
 ``
            (I) employment with a law 
 enforcement agency;
 ``
            (II) any position that a Federal 
 agency designates as a--
 ``

    (aa) national security 
 position; or
 ``

    (bb) high-risk, public 
 trust position;
 ``
            (III) the manufacture, 
 importation, sale, transfer, 
 possession, or carrying of firearms, 
 explosives, or ammunition; or
 ``
            (IV) employment in a position 
 involving the manufacture, importation, 
 handling, sale, or transfer of 
 controlled substances, as that term is 
 defined in 

section 102 of the 
 Controlled Substances Act (21 U.S.C. 
 802), or where the employment would 
 provide access to such controlled 
 substances.
 ``
        (B) Disclosure.--An officer or employee of a law 
 enforcement agency or a court may disclose information 
 contained in a sealed record only in order to carry out 
 the purposes described in subparagraph
        (A) .
 ``
            (d) Individual Access.--Any individual whose record has been 
sealed pursuant to this section or 

section 3560A may access the 
information contained in the sealed record of the individual.
 ``

    (e) Penalty for Unauthorized Disclosure.--
 ``

    (1) In general.--Whoever knowingly accesses or discloses 
 information contained in a record sealed under this section or 
 

section 3560A in a manner that is prohibited under this 
 section, shall be fined under this title, imprisoned for not 
 more than 1 year, or both.
 ``

    (2) Rule of construction.--Nothing in this subsection 
 prevents a covered individual or an individual who was the 
 crime victim (as such term is defined in 

section 3771

    (e) ) from 
 accessing or disclosing information contained in record sealed 
 under this section or 

section 3560A.
 ``

    (f) Rule of Construction.--Nothing in this section or 

section 3560A shall abrogate or constrain the authority of a judge or judicial 
body to vacate a judgment or sentence.
 ``

    (g) Rulemaking.--The Attorney General shall, by rule, establish a 
process to ensure that any record in the possession of a Federal agency 
required to be sealed under this section is automatically sealed in 
accordance with this section.
 ``

    (h) Applicability.--This section shall apply to an arrest that 
occurred or conviction that was entered before, on, or after the date 
of enactment of this section. Not later than 2 years after the date of 
enactment of this section, the Attorney General shall ensure that any 
record related to an arrest or conviction that occurred or was entered 
prior to the automatic sealing of such a record, which record is 
required to be sealed under this section, is so sealed.
 ``
            (i) Employer Immunity From Liability.--An employer who employs or 
otherwise engages an individual whose criminal records were sealed 
pursuant to this section shall be immune from liability for any claim 
arising out of the misconduct of the individual, if the misconduct 
relates to the portion of the criminal records that were sealed 
pursuant to this section.
 ``

    (j) Establishment of Partnerships.--
 ``

    (1) In general.--The Administrative Office of the United 
 States Courts or the Attorney General shall enter into a 
 contract with or make grants to an organization with expertise 
 in creating digital and technological systems to develop an 
 efficient and effective process for--
 ``
        (A) sealing records in accordance with this 
 section and 

section 3560A; and
 ``
        (B) enabling access to sealed records by Federal 
 and non-Federal law enforcement agencies for the 
 purposes set forth in subsection
            (c) (4)
        (A) of this 
 section.
``

Sec. 3560A. Sealing of certain records upon petition
 ``

    (a) 

=== Definitions. ===
-In this section--
 ``

    (1) the term `covered nonviolent offense' means a Federal 
 criminal offense that is not--
 ``
        (A) murder;
 ``
        (B) voluntary manslaughter;
 ``
            (C) kidnapping;
 ``
            (D) aggravated assault;
 ``
        (E) a forcible sex offense;
 ``
        (F) robbery;
 ``
        (G) arson;
 ``
        (H) extortion;
 ``
            (I) the use or unlawful possession of--
 ``
            (i) a firearm, as defined in 

section 5845

    (a) of the Internal Revenue Code of 1986; 
 or
 ``
            (ii) explosive materials, as defined in 
 

section 841
            (c) ;
 ``
        (J) a sex offense, as defined in 

section 111 of 
 the Sex Offender Registration and Notification Act (34 
 U.S.C. 20911);
 ``
        (K) torture, in violation of 

section 2340A;
 ``
            (L) interstate domestic violence, in violation of 
 

section 2261;
 ``
            (M) an offense under chapter 77; or
 ``
        (N) an attempt or conspiracy to commit an offense 
 described in subparagraphs
        (A) through
            (M) ;
 ``

    (2) the term `eligible individual' means an individual 
 who--
 ``
        (A) has been convicted of a covered nonviolent 
 offense;
 ``
        (B) has fulfilled each requirement of the 
 sentence for the covered nonviolent offense, 
 including--
 ``
            (i) completing each term of imprisonment, 
 probation, or supervised release; and
 ``
            (ii) satisfying each condition of 
 imprisonment, probation, or supervised release;
 ``
            (C) has not been convicted of more than 2 
 felonies that are covered nonviolent offenses, 
 including any such convictions that have been sealed 
 (except that for purposes of this subparagraph, 2 or 
 more felony convictions that are covered nonviolent 
 offenses arising out of the same act, or acts committed 
 at the same time, shall be treated as one felony 
 conviction);
 ``
            (D) has not been convicted of any felony that is 
 not a covered nonviolent offense; and
 ``
        (E) has not been convicted of any offense related 
 to treason, terrorism, access and transmission of 
 sensitive defense information, or other national 
 security related convictions;
 ``

    (3) the term `petitioner' means an individual who files a 
 sealing petition;
 ``

    (4) the term `protected information', with respect to a 
 covered nonviolent offense, means any reference to--
 ``
        (A) an arrest, conviction, or sentence of an 
 individual for the offense;
 ``
        (B) the institution of criminal proceedings 
 against an individual for the offense; or
 ``
            (C) the result of criminal proceedings described 
 in subparagraph
        (B) ;
 ``

    (5) the term `sealing hearing' means a hearing held under 
 subsection
            (c) (2) ; and
 ``

    (6) the term `sealing petition' means a petition for a 
 sealing order filed under subsection

    (b) .
 ``

    (b) Right To File Sealing Petition.--
 ``

    (1) In general.--On and after the date that is 1 year 
 after the date on which the eligible individual has fulfilled 
 each requirement described in subsection

    (a)

    (2)
        (B) , an eligible 
 individual may file a petition for a sealing order with respect 
 to a covered nonviolent offense in a district court of the 
 United States.
 ``

    (2) Notice of opportunity to file petition.--
 ``
        (A) In general.--If an individual is convicted of 
 a covered nonviolent offense and will potentially be 
 eligible to file a sealing petition with respect to the 
 offense upon fulfilling each requirement of the 
 sentence for the offense as described in subsection

    (a)

    (2)
        (B) , the court in which the individual is 
 convicted shall, in writing, inform the individual, on 
 each date described in subparagraph
        (B) , of--
 ``
            (i) that potential eligibility;
 ``
            (ii) the necessary procedures for filing 
 the sealing petition; and
 ``
            (iii) the benefits of sealing a record.
 ``
        (B) Dates.--The dates described in this 
 subparagraph are--
 ``
            (i) the date on which the individual is 
 convicted; and
 ``
            (ii) the date on which the individual has 
 completed every term of imprisonment, 
 probation, or supervised release relating to 
 the offense.
 ``
            (c) Procedures.--
 ``

    (1) Notification to prosecutor.--If an individual files a 
 petition under subsection

    (b) , the district court in which the 
 petition is filed shall provide notice of the petition--
 ``
        (A) to the office of the United States attorney 
 that prosecuted the petitioner for the offense; and
 ``
        (B) upon the request of the petitioner, to any 
 other individual that the petitioner determines may 
 testify as to the--
 ``
            (i) conduct of the petitioner since the 
 date of the offense; or
 ``
            (ii) reasons that the sealing order 
 should be entered.
 ``

    (2) Notification to crime victims.--Upon receipt of a 
 notification under paragraph

    (1)
        (A) by an office of the United 
 States attorney, the office shall make reasonable efforts to 
 identify any individual who was a crime victim (as such term is 
 defined in 

section 3771) of the offense and provide notice of 
 the petition.
 ``

    (3) Hearing.--
 ``
        (A) In general.--Not later than 180 days after 
 the date on which an individual files a sealing 
 petition, the district court shall--
 ``
            (i) except as provided in subparagraph
            (D) , conduct a hearing in accordance with 
 subparagraph
        (B) ; and
 ``
            (ii) determine whether to enter a sealing 
 order for the individual in accordance with 
 paragraph

    (4) .
 ``
        (B) Opportunity to testify and offer evidence.--
 ``
            (i) Petitioner.--The petitioner may 
 testify or offer evidence at the sealing 
 hearing in support of sealing.
 ``
            (ii) Prosecutor.--The office of a United 
 States attorney that receives notice under 
 paragraph

    (1)
        (A) may send a representative to 
 testify or offer evidence at the sealing 
 hearing in support of or against sealing.
 ``
            (iii) Other individuals.--At the request 
 of a petitioner, the district court in which 
 the petition is filed shall issue a subpoena 
 requiring an individual who receives notice 
 under paragraph

    (1)
        (B) to testify or offer 
 evidence at the sealing hearing as to the 
 issues described in clauses
            (i) and
            (ii) of 
 that paragraph.
 ``
            (C) Magistrate judges.--
 ``
            (i) In general.--A magistrate judge may 
 preside over a hearing under this paragraph, 
 and submit to a judge of the court proposed 
 findings of fact and recommendations for the 
 disposition, by a judge of the court, of any 
 sealing petition filed under this subsection.
 ``
            (ii) Recommendations.--Not later than 14 
 days after being served with a copy, any party 
 may serve and file written objections to the 
 proposed findings and recommendations of the 
 magistrate judge as provided by rules of court. 
 A judge of the court shall make a de novo 
 determination of those portions of the report 
 or specified proposed findings or 
 recommendations to which objection is made. A 
 judge of the court may accept, reject, or 
 modify, in whole or in part, the findings or 
 recommendations made by the magistrate judge. 
 The judge may also receive further evidence or 
 recommit the matter to the magistrate judge 
 with instructions.
 ``
            (D) Waiver of hearing.--If the petitioner and the 
 United States attorney that receives notice under 
 paragraph

    (1)
        (A) so agree, the court shall make a 
 determination under paragraph

    (4) without a hearing.
 ``

    (4) Basis for decision.--
 ``
        (A) In general.--In determining whether to enter 
 a sealing order with respect to protected information 
 relating to a covered nonviolent offense, the court--
 ``
            (i) shall consider--
 ``
            (I) the petition and any 
 documents in the possession of the 
 court; and
 ``
            (II) all evidence and testimony 
 presented at the sealing hearing, if 
 such a hearing is conducted;
 ``
            (ii) may not consider any non-Federal 
 crimes of which the petitioner has not been 
 convicted; and
 ``
            (iii) shall balance--
 ``
            (I) (aa) the interest of public 
 knowledge and safety; and
 ``

    (bb) the legitimate interest, if 
 any, of the Government in maintaining 
 the accessibility of the protected 
 information, including any potential 
 impact of sealing the protected 
 information on Federal licensure, 
 permit, or employment restrictions; 
 against
 ``
            (II) (aa) the conduct and 
 demonstrated desire of the petitioner 
 to be rehabilitated and positively 
 contribute to the community; and
 ``

    (bb) the interest of the 
 petitioner in having the protected 
 information sealed, including the harm 
 of the protected information to the 
 ability of the petitioner to secure and 
 maintain employment.
 ``
        (B) Burden on government.--The burden shall be on 
 the Government to show that the interests under 
 subclause
            (I) of subparagraph
        (A)
            (iii) outweigh the 
 interests of the petitioner under subclause
            (II) of 
 that subparagraph.
 ``

    (5) Waiting period after denial.--If the district court 
 denies a sealing petition, the petitioner may not file a new 
 sealing petition with respect to the same offense until the 
 date that is 2 years after the date of the denial.
 ``

    (6) Universal form.--The Director of the Administrative 
 Office of the United States Courts shall create a universal 
 form, available over the internet and in paper form, that an 
 individual may use to file a sealing petition.
 ``

    (7) Fee waiver.--The Director of the Administrative 
 Office of the United States Courts shall by regulation 
 establish a minimally burdensome process under which indigent 
 petitioners may obtain a waiver of any fee for filing a sealing 
 petition.
 ``

    (8) Effect of sealing.--Subsections
            (c) through

    (e) of 
 

section 3560 shall apply to any record that is sealed under 
 this section.
 ``
            (d) Rule of Construction.--Nothing in this section may be 
construed to require a covered individual (as such term is defined in 

section 3560) to submit a sealing petition with respect to records 
required to be automatically sealed under 

section 3560.
 ``

    (e) Reporting.--Not later than 2 years after the date of 
enactment of this section, and each year thereafter, each district 
court of the United States shall issue a public report that--
 ``

    (1) describes--
 ``
        (A) the number of sealing petitions granted and 
 denied under this section; and
 ``
        (B) the number of instances in which the office 
 of a United States attorney supported or opposed a 
 sealing petition;
 ``

    (2) includes any supporting data that the court 
 determines relevant and that does not name any petitioner; and
 ``

    (3) disaggregates all relevant data by race, ethnicity, 
 gender, and the nature of the offense.
 ``

    (f) Employer Immunity From Liability.--An employer who employs or 
otherwise engages an individual whose criminal records were sealed 
pursuant to this section shall be immune from liability for any claim 
arising out of the misconduct of the individual, if the misconduct 
relates to the portion of the criminal records that were sealed 
pursuant to this section.''.

    (b) Table of Sections.--The table of sections for subchapter A of 
chapter 227 of title 18, United States Code, is amended by inserting 
after the item relating to 

section 3559 the following:

``3560. Automatic sealing of certain records.
``3560A. Sealing of certain records upon petition.''.
 <all>