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Record Expungement Designed to Enhance Employment (REDEEM)

Act of 2015

Senators Booker (D-NJ) and Paul (R-KY)

Section 1 – Short Title

This section designates the Act as the Record Expungement Designed to Enhance

Employment Act of 2015.

Section 2 – Sealing of Adult Records

Policy Rationale for Sealing Adult Criminal Records: There is no broad-based,

general federal statute that allows for the expungement or sealing of criminal records.

While criminal records can provide insight into a person’s character or likelihood to

reoffend, they can also create a high barrier to gainful employment. The REDEEM Act

addresses this gap in federal law by providing individuals who have committed non-

violent crimes with the opportunity to petition for the sealing of criminal records and

incentivizes states to implement similar or stronger provisions.

Bill Components:

Eligible Individuals – Persons convicted of a non-violent offense may petition for

their records to be sealed one (1) year after completion of their incarceration or

their probation. Crimes that would require a person to be placed on the sex

offender registry may not be sealed.

Petitioning Process – The petition for having records sealed will be submitted to

a federal district court. The prosecutor for the case, the victim of the offense, and

anyone the petitioner asks to speak about her conduct and reputation after her

release from prison may testify and present evidence before the court about

whether the petitioner’s offense should be sealed.

Basis for a Court’s Decision – In making a decision regarding whether to

authorize the sealing petition, the district court shall consider all the evidence

presented and balance the interest of public knowledge and safety against the

petitioner’s conduct and demonstrated desire to be rehabilitated.

Protection from Perjury Laws – Petitioners whose records are sealed shall not be

subject to any federal, state, or local criminal law or civil liability relating to

perjury, false swearing, or making a false statement.

U.S. Attorney Reporting Requirement – U.S. Attorneys’ offices will be required

to report on the number of sealing petitions they have supported and challenged.

This simple reporting requirement is designed to provide an incentive for

prosecutors to advocate for sealing when it is warranted.

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District Court Reporting Requirement – District courts will be required to

publicly report the number of sealing petitions that are granted and denied and

may offer any supporting data they deem relevant. This reporting is designed to

provide transparency across courts, where disparities may emerge.

State Incentives to Adopt Similar Sealing Laws – Preference may be given to

Community Oriented Policing Services (COPS) grant applications that originate

from states that have enacted similar or stronger adult sealing provisions.

Section 3 – Sealing and Expungement of Juvenile Records and Room

Confinement Prohibition

Policy Rationale for Sealing and Expungement of Juvenile Records: Thousands of

adolescents are subject to the criminal justice system at a young age. Unfortunately, a

one-time lapse in judgment memorialized in a criminal record has the chance to follow

youth for the rest of their lives, impeding their chances at being admitted to a good school

or applying for a job. The REDEEM Act provides for enhanced confidentiality, the

automatic sealing of certain records, the automatic expungement of certain records, the

ability to petition for early sealing before the age of 18 or within three years of

concluding every term of penalty, and petition for expungement of a juvenile record for

an offense committed by an individual over the age of fifteen, and incentivizes states to

implement similar or stronger provisions.

Bill Components:

Confidentiality of Juvenile Records – Amends the U.S. Code to strengthen the

manner in which juvenile records are kept confidential during and after court

proceedings. Specifically, the REDEEM Act provides a broad definition of

“records” to protect kids from particular documents being released to the general

public, including clarifying that juvenile records may not be released to

educational institutions unless authorization is given by the offender. Lastly, it

mandates that juveniles are informed of their rights under this section.

Automatic Sealing of Records – Records of non-violent juvenile cases shall be

automatically sealed three (3) years after the completion of every term of penalty

if the person has not subsequently been adjudicated delinquent, convicted of a

crime, or is engaged in active criminal court or juvenile delinquency proceedings.

Early Sealing Petition – Juveniles may petition for the early sealing of records of

non-violent juvenile cases prior to the lapse of the three (3) year automatic sealing

window. In deciding whether to grant such a petition, the section provides a list of

eight (8) factors for courts to consider.

Automatic Expungement – Juveniles who commit non-violent crimes prior to the

age of 15-years-old shall have the records automatically expunged upon the

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individual’s attainment of 18 years of age. Records must be automatically and

immediately expunged after the dismissal of any juvenile court case.

Expungement Petition – A juvenile who is adjudicated delinquent on or after the

person has attained 15 years of age may petition for the expungement of her

records. In deciding whether to grant a petition, a list of eight (8) factors is

provided for courts to consider.

Effect of Sealing and Expungement – Once records are sealed or expunged, the

incident shall be treated as if it never occurred. The person shall not be required to

disclose the existence of the occurrence with the exception of background checks

for law enforcement or other employment that requires a government security

clearance.

State Incentives to Adopt Similar Sealing Laws – Provides an incentive for states

to do the same by allowing preference to be given to Community Oriented

Policing Services (COPS) grant applications that originate from states that have

enacted similar or stronger juvenile confidentiality, sealing, and expungement

provisions.

Policy Rationale for a Room Confinement Prohibition: Room confinement (known

more popularly as “solitary confinement”)—for juveniles and adults alike—has been

widely decried as cruel and unusual punishment. Experts have stated that room

confinement for juveniles presents a very real danger to their health and development,

making rehabilitation less likely. Furthermore, studies of juvenile room confinement have

found over 50 percent of juvenile detention facility suicides to occur when a youth is in

room confinement, and that number climbs to over 60 percent when including those who

have at some point been in room confinement. The REDEEM Act prohibits the use of

room confinement for any reason other than to protect a juvenile detainee or those around

her. Furthermore, it incentivizes states to end the practice.

Bill Components:

Prohibition of Room Confinement (Solitary Confinement) – Room confinement

at juvenile detention facilities may not be used for discipline, punishment,

retaliation, administrative convenience, staffing shortages, or reasons other than

as temporary response to behavior that threatens immediate harm to a youth or

others. Strict time limits are put in place to address instances in which a threat to

immediate harm is present.

State Incentives to Adopt Similar Sealing Laws – Provides an incentive for states

to follow suit by allowing preference to be given to Community Oriented Policing

Services (COPS) grant applications that originate from states that have enacted

similar or stronger juvenile room confinement provisions.

Section 4 – Report on Cost Savings of the Bill

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Policy Rationale for the Report: High recidivism rates place a heavy burden on the

American taxpayer. A recent Pew report found that if 10 states studied reduced their

recidivism rates by 10 percent, they could save more than $470 million in a single year.

This section will require the Department of Justice, in consultation with the Department

of Labor and the Office of Management and Budget, to submit a report to Congress

detailing the cost savings and increased economic activity advanced by the policies set

forth in the REDEEM Act.

Bill Components:

Report: Not later than five (5) years after the enactment of the law the Attorney

General, in consultation with the Secretary of Labor and director of the Office of

Management and Budget will submit a report to Congress on the cost savings to

local and federal governments associated with reducing recidivism, the increased

economic activity by former offenders, and the impact on the households of ex-

offenders and outcomes for their children.

Section 5 – Restoring SNAP and TANF Eligibility for Drug Offenders

Policy Rationale for Restoring SNAP and TANF Eligibility: Federal law currently

prohibits individuals convicted of drug-related felonies from receiving assistance under

the Supplemental Nutrition and Assistance Program (SNAP) and Temporary Assistance

for Needy Families (TANF). While opt-out provisions are available to states, this

punishes some of society’s most disadvantaged citizens with a life-long penalty rooted in

no rational relationship to their crime. Furthermore, the SNAP and TANF bans punish the

families of ex-offenders and push vulnerable people into desperate situations that could

lead them to reengage in criminal activity. The REDEEM Act significantly scales back

the SNAP and TANF bans and gives struggling individuals access to the resources they

need to reform and rehabilitate.

Bill Components:

Limitation of Prohibition – Currently, persons convicted of drug-related crimes

are automatically prohibited from receiving SNAP and TANF benefits. This

section would eliminate the prohibition for individuals convicted of drug use and

possession crimes and limit it solely to those convicted of drug distribution

offenses whose distribution offense is not rationally related to a substance abuse

disorder.

Treatment Exemption – Persons who are convicted of a drug distribution crime

that is rationally related to a substance abuse disorder may regain eligibility for

SNAP and TANF benefits by enrolling in a substance disorder treatment program

and abiding by all orders of the court. Eligibility for SNAP and TANF assistance

will be restored immediately upon enrollment in a treatment program.

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Clarification of Current Law – The section will include provisions clarifying

current law to ensure states do not misinterpret the SNAP and TANF prohibition

as precluding access to employment-related programs for persons who were once

convicted of drug distribution crimes.

Section 6 – Raising the Age of Original Jurisdiction for Criminal Courts

Policy Rationale for Raising the Age of Criminal Responsibility: Numerous studies of

youth brain development have demonstrated that the decision-making part of the brain is

not fully developed in some individuals until the age of 25. Despite this, some states still

treat 17-year-olds and even 16-year-olds as adults for criminal justice purposes by

default.

Bill Components:

Setting 18 as the age of Adult Criminal Responsibility – The REDEEM Act

allows preference to be given to Community Oriented Policing Services (COPS)

grant applications that originate from states that have enacted 18 as the default

age of original jurisdiction, while still allowing for crime-specific or other transfer

provisions.

Section 7 – Ensuring Accuracy of the FBI Background Check System

Policy Rationale for Ensuring Accuracy of FBI Background Checks: There has been

a dramatic increase in FBI background checks since 9/11, with 17 million checks

conducted in 2012 alone. The system is now being stretched beyond its limit, creating a

troubling situation in which incomplete and inaccurate FBI background checks are

sometimes being reported to both public and private entities. The REDEEM Act seeks to

reduce the number of incomplete and inaccurate records in the system and their provision

to private entities.

Bill Components:

Periodic Review – The bill mandates that within one (1) year of the enactment of

the bill and every two (2) years thereafter, the Attorney General shall conduct a

review of each record for completeness and accuracy.

Incomplete Records – An incomplete record may not be exchanged with a

requesting private entity until the record is updated or corrected.

Exception for Law Enforcement and National Security Purposes – Exceptions

are made for law enforcement requests and requests related to law enforcement or

national security-related employment.

Section 8 – Report on Disqualifications Based on Criminal Records

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Policy Rationale for the Report: More data needs to be produced with respect to the

effect criminal records have on federal licensing and applications for employment.

Studies have been conducted on collateral consequences, however, they have not looked

at the impact of regulations. This report will add this important dimension of analysis,

holistically evaluating the effect criminal records have on applications for employment

and licensing.

Bill Components:

Report – No later than two (2) years after the enactment of the law, a report shall

be issued on each federal statute, regulation, or policy that authorizes a restriction

on, or disqualification of, an applicant for employment or for a federal license or

permit based on the criminal record of the applicant.