28 C.F.R. § 76.41

Expungement of records

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(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.

Notes of Decisions

Cited in 1 case, 1994–1994 · leading case: Byron Paredes-Urrestarazu v. U.S. Immigr. & Naturalization Serv., 36 F.3d 801 (9th Cir. 1994).

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Byron Paredes-Urrestarazu v. U.S. Immigr. & Naturalization Serv., 36 F.3d 801 (9th Cir. 1994). · cites it 2× “§ 844a(j) (emphasis added); see also 28 C.F.R. § 76.41 (c) (1993) (same). Similarly, the statute’s implementing regulations provide only for the expunging of “official Department records created ” for the purposes of the civil proceeding.”

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