Sec. 3. Definitions
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/bill/118/hr/10248/ih/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term criminal justice agency means— a Federal or State court; a governmental agency or any subunit thereof that— performs the administration of criminal justice pursuant to a statute or executive order, and allocates a substantial part of its annual budget to the administration of criminal justice; is designated by Congress, the President, the Attorney General of the United States, the Federal Bureau of Investigation, or other appropriate Federal official, to perform centralized recordkeeping functions for official records, including the collection, storage, maintenance, updating, and dissemination of such records and responding to requests for information in or about such records; or is designated by the Governor or other appropriate executive official or the legislature of a State to perform centralized recordkeeping functions for official records, including the collection, storage, maintenance, updating, and dissemination of such records and responding to requests for information in or about such records; or a Federal or State inspector general in their review of other criminal justice agencies.
The term official record means— any documentation or other information on an individual, in electronic or physical form, consisting of identifiable descriptions or notations by criminal justice agencies about that individual, regarding— investigations (including questioning and searches and seizures) or arrests conducted by criminal justice agencies, as well as decisions not to refer cases for prosecution or other legal proceedings; institution of prosecution or other legal proceedings by indictment, complaint, information, other formal criminal charge, summons or citation, juvenile certification (pursuant to section 5032 of title 18, United States Code), or notice of civil penalty; and results or consequences of clauses
(i)and (ii), including court-ordered detention, pretrial and post-trial release, diversion, non-prosecution or deferred prosecution, deferred adjudication, pleas (including not-guilty pleas, guilty pleas, and nolo contendere), nolle prosequi, competence findings, dismissal, acquittal, conviction, mistrial, juvenile adjudication, sentencing, correctional supervision, rehabilitation, probation, parole, release, and imposition of a civil penalty; and the term does not include identification information, such as fingerprint records, if such information does not indicate involvement of the individual with an expungable event as defined by paragraph (7). The term expunge means to remove an official record and any references to it in any other official record (including an official index or list), except for publicly available court opinions and legal briefs. The term seal means to store securely any expunged records possessed by the court issuing the expungement order to prevent access to such records except pursuant to section 7 or by further order of the court. The term sequester means to retain an unaltered nonpublic copy of an expunged official record and any other official record (including an official index or list) subject to an expungement order, and to store such records in a separate, secure area to prevent access to those records except pursuant to section 7 or by further order of the court issuing the expungement order. The term redact means to remove or obscure from an official record any references to an expunged record, including, as necessary and consistent with paragraph (2)(B), any identifying information. The term expungable event means— an investigation, arrest, prosecution, initiation of other legal proceedings, and any results or consequences, as defined by paragraphs (2)(A)(i) through (iii), for violating, attempting to violate, or conspiring to violate the following, as well as sentencing (including probation), or imposition of civil penalty under Federal law, including but not limited to the United States Code or Uniform Code of Military Justice; and to be considered an expungable event for the purposes of this Act— the individual seeking expungement must have received, for the expungable event, a full, unconditional pardon by the President of the United States, notwithstanding part 1 of title 28 of the Code of Federal Regulations; and does not include any Presidential act of clemency which is other or less than a full, unconditional pardon by the President of the United States in exercise of article II pardon power. The term State means any State of the United States, the District of Columbia, Puerto Rico, and any other Territory, Federal enclave, or outlaying possession of the United States. The term Tribal Nation has the same meaning as the term Indian Tribe as described in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) ). The term intelligence community has the same meaning as in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). The term intelligence has the same meaning as in section 3(1) of the National Security Act of 1947 ( 50 U.S.C. 3003(1) ).
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