The First Step Implementation Act of 2025 expands sentencing relief under the First Step Act, creates new parole opportunities for individuals sentenced as juveniles, establishes procedures for sealing and expunging juvenile records, and mandates improvements to federal criminal record accuracy.
Richard Durbin
Senator
IL
The First Step Implementation Act of 2025 aims to expand sentencing relief under the First Step Act, introduce new "safety valve" options for certain drug offenses, and enact significant corrections reforms. Key provisions include establishing pathways for sentence reduction for those convicted as juveniles and creating procedures for sealing and expunging nonviolent juvenile records. The Act also mandates new federal procedures to ensure the accuracy and completeness of criminal records shared for employment and housing purposes.
The First Step Implementation Act of 2025 is a major piece of federal criminal justice reform that does exactly what its name suggests: it builds on the 2018 First Step Act, expanding who can get a reduced sentence and fundamentally changing how the federal system handles juvenile offenses.
This bill has three main parts: it loosens up federal drug sentencing rules, creates a parole-like review process for people sentenced as kids, and mandates fixes for inaccurate criminal records used in job and housing checks.
Title I is about applying justice changes retroactively. If you or someone you know was sentenced for a federal drug crime before this law passes, the court can now go back and reduce that sentence as if the fairer rules from the 2018 First Step Act and this new bill were in place from the start (Sec. 101). This is huge because it applies to any sentence imposed on or after the date the bill is enacted, regardless of when the crime occurred. It means thousands of people currently incarcerated could be eligible for a new look at their time served.
Crucially, the bill also changes the criteria that trigger mandatory minimums for drug crimes, replacing the broad term “felony drug offense” with the much narrower “serious drug felony or serious violent felony.” This means fewer people will automatically get hit with decades-long mandatory sentences. For the court to grant a reduction, it must consider standard sentencing factors, the danger to the community, and the defendant’s conduct after their original sentencing. Expect federal prosecutors and the Bureau of Prisons to have a massive administrative workload reviewing these cases.
There’s also a significant change to the “safety valve” provision (Sec. 102), which allows judges to sentence below mandatory minimums for certain non-violent drug offenders. Currently, a lengthy criminal history can disqualify a defendant from using the safety valve. This bill introduces a waiver: if a defendant is ineligible solely because of their criminal history, the court can waive that requirement if it finds the history “substantially overrepresents” the seriousness of past crimes or the likelihood of future crimes.
Think of a defendant who had several minor, non-violent offenses years ago but has turned their life around. Under the old rules, those old offenses could force the judge to impose a decade-long mandatory sentence. This waiver gives the judge the discretion to say, “Wait, this criminal history doesn’t reflect who this person is now,” allowing for a fairer, shorter sentence. This waiver does not apply to those convicted of a serious drug or violent felony.
Title II takes on corrections reform, focusing heavily on those sentenced as juveniles (Sec. 201). For individuals convicted as adults for crimes committed before they turned 18, this bill creates a path for sentence reduction—essentially, a form of parole. If they have served at least 20 years, a court can review their sentence. The court must consider the individual’s maturity, rehabilitation, and fitness to reenter society, along with factors like the reduced culpability of youth and any history of trauma or abuse.
This doesn't mean automatic release. The court must find the person is not a danger to the community and that the interests of justice support the modification. If released, the person must serve at least five years of supervised release. This is a huge change for those serving extremely long sentences for offenses committed when they were still kids, recognizing that people mature and change significantly over two decades.
Perhaps the most impactful section for younger people and their future job prospects is the new federal process for sealing and expunging juvenile nonviolent records (Sec. 202). Currently, a minor mistake can follow a person for life, making it hard to get a job or housing.
This bill creates automatic sealing for nonviolent juvenile offenses three years after supervision ends, provided the person hasn't had a new conviction. The individual doesn't have to hire a lawyer or file paperwork—it just happens. Once sealed, the person can legally say the proceedings never occurred. For more serious nonviolent offenses committed before age 15, the record must be automatically expunged (destroyed) when the person turns 18.
This is a massive step forward for young people trying to get their lives started, ensuring a juvenile mistake doesn't derail their career before it begins. However, law enforcement still gets limited access to sealed records for investigations, and they can access the record for general law enforcement purposes for one year after sealing, which slightly limits the intended privacy benefit.
Finally, the bill addresses a common frustration: inaccurate criminal records used for background checks (Sec. 203). Have you ever applied for an apartment only to have a background check flag an old arrest that never led to a conviction? This bill requires the Attorney General to create procedures ensuring that records shared with employers, landlords, or creditors are accurate and complete.
If a record shows an arrest but no final outcome (like a dismissal or conviction), the Attorney General must try to get that outcome within 10 days before sharing the record. More importantly, the bill gives applicants the right to challenge a record’s accuracy. If you flag an inaccuracy, the Attorney General must notify the requesting entity (like the potential employer) and investigate your challenge within 30 days. This is a powerful new protection against being unfairly denied a job or housing due to incomplete or outdated data.