[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR76.41]

[Page 330]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 76--RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES--Table of Contents
 
Sec. 76.41  Expungement of records.

    (a) The Attorney General shall expunge all official Department 
records created pursuant to this part upon application of a respondent 
at any time after the expiration of three (3) years from the date of the 
final order of assessment if:
    (1) The respondent has not previously been assessed a civil penalty 
under this section;
    (2) The respondent has paid the penalty;
    (3) The respondent has complied with any conditions imposed by the 
Attorney General;
    (4) The respondent has not been convicted of a federal or state 
offense relating to a controlled substance as defined in section 102 of 
the Controlled Substances Act (21 U.S.C. 802); and
    (5) The respondent agrees to submit to a drug test, and such test 
shows the individual to be drug free.
    (b) A non-public record of a disposition under this part shall be 
retained by the Department solely for the purpose of determining in any 
subsequent proceeding whether the person qualifies for a civil penalty 
or expungement under this part.
    (c) If a record is expunged under this part, the individual for whom 
such an expungement was made shall not be held guilty of perjury, false 
swearing, or making a false statement by reason of his failure to recite 
or acknowledge a proceeding under this part or the results thereof in 
response to an inquiry made of him for any purpose.