{"data":{"id":"us/28-cfr-76.41","jurisdiction":"us","citation":"28 CFR 76.41","heading":"Expungement of records.","body":"(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:\n(1) The respondent has not previously been assessed a civil penalty under this section;\n(2) The respondent has paid the penalty;\n(3) The respondent has complied with any conditions imposed by the Attorney General;\n(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\n(5) The respondent agrees to submit to a drug test, and such test shows the individual to be drug free.\n(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.\n(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.","path":["Title 28—Judicial Administration","CHAPTER I—DEPARTMENT OF JUSTICE","PART 76—RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-28.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:14Z","sha256":"36fb5adb7c96afe54fdadfc5fe077da26896cc73b386e97b9596adca2e74c644","source_id":"us-cfr","stale":true,"prev":"us/28-cfr-76.40","next":"us/28-cfr-76.42"},"notice":"GroundRules: Original legal text. Not legal advice."}