[Code of Federal Regulations]

[Title 28, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 28CFR16.76]



[Page 300-301]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

                    CHAPTER I--DEPARTMENT OF JUSTICE

 

PART 16_PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION--Table of 

Contents

 

      Subpart E_Exemption of Records Systems Under the Privacy Act

 

Sec. 16.76  Exemption of Justice Management Division.



    (a) The following system of records is exempt from 5 U.S.C. 552a(d):

    (1) Controlled Substances Act Nonpublic Records (JUSTICE/JMD-002).





This exemption applies only to the extent that information in this 

system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2).

    (b) Exemption from subsection (d) is justified for the following 

reasons:



[[Page 301]]



    (1) Access to and use of the nonpublic records maintained in this 

system are restricted by law. Section 3607(b) of Title 18 U.S.C. 

(enacted as part of the Sentencing Reform Act of 1984, Pub. L. 98-473, 

Chapter II) provides that the sole purpose of these records shall be for 

use by the courts in determining whether a person found guilty of 

violating section 404 of the Controlled Substances Act qualifies:

    (i) For the disposition available under 18 U.S.C. 3607(a) to persons 

with no prior conviction under a Federal or State law relating to 

controlled substances, or

    (ii) For an order, under 18 U.S.C. 3607(c), expunging all official 

records (except the nonpublic records to be retained by the Department 

of Justice) of the arrest and any subsequent criminal proceedings 

relating to the offense.

    (2) Information in this system consists of arrest records, including 

those of co-defendants. The records include reports of informants and 

investigations. Therefore, access could disclose investigative 

techniques, reveal the identity of confidential sources, and invade the 

privacy of third parties.



[Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No. 

688-77, 42 FR 9999, Feb. 18, 1977; Order No. 899-80, 45 FR 43703, June 

30, 1980; Order No. 6-86, 51 FR 15476, Apr. 24, 1986; Order No. 246-

2001, 66 FR 54663, Oct. 30, 2001; Order No. 297-2002, 67 FR 70163, Nov. 

21, 2002]