HR 3614 IH – Expungement of Criminal Convictions

HR 3614 IH: Expungement of Criminal Convictions

Section 1. Short title

This Act may be cited as the “Expungement of Certain Criminal Convictions Act”.

Sec. 2. Expungement of certain criminal records

(a) The Secretary, in consultation with the Department of Justice, shall develop rules to facilitate the expungement of criminal records under this section, including—

(A) procedures for petitioning for an expungement;
(B) criteria for determining eligibility for expungement;
(C) requirements for notice and hearing; and
(D) procedures for handling requests for expungement of records or references to such records.

Sec. 3. Expungement of criminal records (a) in general

The Secretary shall develop rules to provide that any record described in section 1021 of the Federal Rules of Evidence that is expunged under this section may be made available only—

(i) to the individual who made the request for an expungement;
(ii) to a Federal or State court or Federal, State, or local law enforcement agency, in the case of a criminal investigation or prosecution of an individual or in conducting a background check on an individual who has applied for employment by such court or agency; or
(iii) to a Federal or State court or Federal, State, or local law enforcement agency for the exclusive purpose of maintaining accurate official records.

Sec. 4. Penalty for improper disclosure

Whoever intentionally makes or attempts to make a disclosure, other than a disclosure authorized under subsection (c), of any record or reference that is expunged under this section shall be fined under title 18, United States Code, imprisoned not more than one year, or both.