---
kind: "section"
citation: "28 C.F.R. § 76.41"
title: "28"
number: "76.41"
heading: "Expungement of records."
url: "https://uscodex.org/cfr/28/76.41"
---

# §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](/usc/21/802.md)); 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.

## Notes

### 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.