28 CFR § 76.41 - Expungement of records.
---
identifier: "/us/cfr/t28/s76.41"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "28 CFR § 76.41 - Expungement of records."
title_number: 28
title_name: "Judicial Administration"
section_number: "76.41"
section_name: "Expungement of records."
chapter_name: "DEPARTMENT OF JUSTICE"
part_number: "76"
part_name: "RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "Order No. 1462-90, 56 FR 1089, Jan. 11, 1991, unless otherwise noted."
cfr_part: "76"
---
# 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.