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Automatic Sealing of Federal Criminal Records: A Clean Slate for Citizens.

The Act introduces the automatic sealing of federal criminal records related to arrests without conviction and certain nonviolent marijuana offenses, provided all sentencing requirements are met. This aims to help citizens with such histories find employment and reintegrate, as sealed information will not appear in most background checks. For other nonviolent offenses, the law allows individuals to petition the court for record sealing one year after completing their sentence.
Key points
Automatic Record Sealing: Records for arrests not resulting in conviction and convictions for certain nonviolent marijuana offenses will be automatically sealed after fulfilling sentence requirements (e.g., one year after completion).
Protection from Disclosure: Individuals with sealed records are generally not required to disclose this information, including when applying for most jobs, and are protected from perjury charges for failing to acknowledge the sealed information.
Exceptions to Sealing: Records remain accessible to law enforcement and courts for investigative purposes and for background checks related to national security, firearms, or controlled substances employment.
Petition for Sealing: Individuals convicted of other federal nonviolent offenses (excluding violence, sex, terrorism) can petition the court to seal their record one year after completing their sentence.
Employer Immunity: Employers hiring individuals with sealed records are immune from liability for misconduct claims arising from the portion of the criminal history that was sealed.
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Additional Information
Print number: 118_S_5266
Sponsor: Sen. Casey, Robert P., Jr. [D-PA]
Process start date: 2024-09-25