§76.41. Expungement of records.
28 C.F.R. § 76.41
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:
The respondent has not previously been assessed a civil penalty under this section;
The respondent has paid the penalty;
The respondent has complied with any conditions imposed by the Attorney General;
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
The respondent agrees to submit to a drug test, and such test shows the individual to be drug free.
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.
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.
Notes, amendments, and revision history
Authority
Authority: 5 U.S.C. 301; 21 U.S.C. 844a, 875, 876; 28 U.S.C. 509, 510,; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321.
Source
Source: Order No. 1462-90, 56 FR 1089, Jan. 11, 1991, unless otherwise noted.