United States S 1380: Clean Slate Act of 2021

Bill Text

II 
117THCONGRESS 
1
STSESSION 
S. 1380 
To require automatic sealing of certain criminal records, and for other 
purposes. 
IN  THE  SENATE  OF  THE  UNITED  STATES  
APRIL27, 2021 
Mr. C
ASEY(for himself and Ms. ERNST) 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  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  ‘‘Clean  Slate  Act  of  4
2021’’. 5
SEC. 2. SEALING OF CERTAIN RECORDS. 6
(a)  A
MENDMENT.—Subchapter  A  of  chapter  227  of  7
title 18, United States Code, is amended by adding at the 8
end the following: 9
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•S  1380  IS
‘‘§ 3560. Automatic sealing of certain records 1
‘‘(a) D
EFINITIONS.—In this section— 2
‘‘(1)  the  term  ‘covered  individual’  means  an  in-3
dividual who— 4
‘‘(A) is not a sex offender; 5
‘‘(B) has been— 6
‘‘(i)  arrested  for  a  Federal  offense  for  7
which  the  individual  was  not  convicted;  or  8
‘‘(ii)   convicted   of   an   offense   under   9
section  404  of  the  Controlled  Substances  10
Act  (21  U.S.C.  844)  or  any  Federal  non-11
violent offense involving marijuana; 12
‘‘(C)  in  the  case  of  a  conviction  described  13
in  subparagraph  (B)(ii),  has  fulfilled  each  re-14
quirement  of  the  sentence  for  the  offense,  in-15
cluding— 16
‘‘(i) completing each term of imprison-17
ment,  probation,  or  supervised  release;  and  18
‘‘(ii)  satisfying  each  condition  of  im-19
prisonment,   probation,   or   supervised   re-20
lease; and 21
‘‘(D)  has  not  been  convicted  for  any  of-22
fense  related  to  treason,  terrorism,  access  and  23
transmission  of  sensitive  defense  information,  24
or other national security related convictions; 25
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•S  1380  IS
‘‘(2)   the   term   ‘marijuana’   has   the   meaning   1
given  the  term  ‘marihuana’  in  section  102  of  the  2
Controlled Substances Act (21 U.S.C. 802); 3
‘‘(3)  the  term  ‘nonviolent  offense’  means  an  of-4
fense  that  is  not  a  crime  of  violence,  as  defined  in  5
subparagraphs  (A)  and  (C)  of  section  3156(a)(4);  6
and 7
‘‘(4)  the  term  ‘sex  offender’  has  the  meaning  8
given  the  term  in  section  111  of  the  Adam  Walsh  9
Child  Protection  and  Safety  Act  of  2006  (34  U.S.C.  10
20911). 11
‘‘(b)  A
UTOMATICSEALING   FORCERTAINARRESTS 12
ANDNONVIOLENTOFFENSES.— 13
‘‘(1)  I
N  GENERAL.—At  the  time  of  sentencing  14
of  a  covered  individual  for  a  conviction  for  an  of-15
fense  pursuant  to  section  404  of  the  Controlled  Sub-16
stances  Act  (21  U.S.C.  844)  or  any  Federal  non-17
violent  offense  involving  marijuana,  the  court  shall  18
enter  an  order  that  each  record  and  portion  thereof  19
that  relates  to  the  offense  shall  be  sealed  automati-20
cally  on  the  date  that  is  1  year  after  the  covered  in-21
dividual  fulfills  each  requirement  of  the  sentence,  in-22
cluding— 23
‘‘(A)   completing   each   term   of   imprison-24
ment, probation, or supervised release; and 25
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•S  1380  IS
‘‘(B)  satisfying  each  condition  of  imprison-1
ment, probation, or supervised release. 2
‘‘(2) A
CQUITTAL; DETERMINATION  NOT  TO  FILE 3
CHARGES.— 4
‘‘(A)  A
CQUITTAL.—Not  later  than  60  days  5
after  the  date  on  which  a  covered  individual  is  6
acquitted,  exonerated,  or  otherwise  subject  to  a  7
judgment  which  did  not  result  in  a  conviction  8
for  a  Federal  offense,  each  record  or  portion  9
thereof  that  relates  to  the  Federal  offense  shall  10
be sealed automatically. 11
‘‘(B)    D
ETERMINATIONNOTTOFILE 12
CHARGES.— 13
‘‘(i)  I
N  GENERAL.—If  a  covered  indi-14
vidual is arrested for a Federal offense and 15
the   Government   does   not   file   charges   16
against  the  covered  individual  in  relation  17
to  the  Federal  offense  before  the  date  that  18
is  180  days  after  the  date  on  which  the  ar-19
rest   was   made,   each   record   or   portion   20
thereof  that  relates  to  the  arrest  and  Fed-21
eral  offense  shall  be  sealed  automatically  22
on such date. 23
‘‘(ii)    U
NSEALINGFORFILINGOF 24
CHARGES.—At  the  request  of  the  Govern-25
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