Sec. 6. Effect of expungement
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An order of expungement, consistent with this Act, shall restore the affected individual to the legal status they occupied before the investigation, arrest, legal proceedings, and any legal results or consequences, as defined by paragraphs (2)(A)(i) through
(iii)of section 3, for which they are the subject of an expunged official record, as if such record had never existed and underlying activity had never occurred. An individual who is the subject of an expungement order may treat the expunged official record of an investigation, arrest, legal proceedings, and any legal results or consequences, as defined by paragraphs (2)(A)(i) through
(iii)of section 3, as if it never occurred or never was obtained, ordered, or imposed (as the case may be); and to the maximum extent Federal law may demand it, that individual shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement for failure to disclose, recite, or acknowledge such official record or the underlying activity with led to its original generation. Notwithstanding any other law, any individual who has an expunged official record, including a conviction, shall not be disqualified under Federal law from pursuing or engage in any Federal employment, contracting, lawful activity, occupation, or profession. Nothing in this Act is intended to create a right to compensation, restitution, or any monetary damages in law or equity. This Act and courts orders issued pursuant to it shall apply to— Federal criminal justice agencies and commissions; all other Federal agencies and commissions, including the Executive Office of the President, in possession of expunged documents or related official documents; State and local criminal justice agencies in possession of official records order pursuant to Federal law or participation in a Federal program that are subject to an expungement order, including but not limited to records kept under— section 9101 of title 5, United States Code; section 922 of title 18, United States Code; section 103 of the Brady Handgun Violence Prevention Act (National Instant Criminal Background Check System, 18 U.S.C. 922 note); section 534 of title 28, United States Code; the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. (Justice System Improvement)); section 210304 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12592 ); section 3 of the National Child Protection Act of 1993 ( 34 U.S.C. 40102 ); the Crime Identification Technology Act of 1998 ( 34 U.S.C. 40301 et seq. ); the National Criminal History Access and Child Protection Act ( 34 U.S.C. 40311 et seq. ); section 4 of the Katie Sepich Enhanced DNA Collection Act of 2012 ( 34 U.S.C. 40743 ); the NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40902 et seq. ); sections 0.85(j) and 50.12 of title 28, Code of Federal Regulations (or any successor regulations); and parts 20, 23, 25(A), of title 28, Code of Federal Regulations (or any successor regulations); and any consumer credit agency (as defined in section 603(f) of the Consumer Credit Protection Act ( 15 U.S.C. 1681a(f) )) subject to the Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ). An individual or entity covered by subsection (e)(1)— shall comply with a court order issued pursuant to this section and, to the extent possible, conform their official records to be consistent with such order; shall respond to any inquiries as though any official record subject to an expungement order issued pursuant to this Act does not exist; or, in the case of another official record subject to an expungement order and consistent with paragraph (2)(B) of section 3, subsection (b)(2) of section 4, and subsection (d)(4)(B) of section 5, shall respond as though that other official record does not reference the expunged official record in accordance with the issued court order; and shall not disseminate, use internally, or reveal the existence of expunged records for any purpose, except as authorized under this Act or by further order of the court issuing the expungement order. Notwithstanding this Act, an official record of an otherwise expungeable event held by the intelligence community may be maintained and used for intelligence purposes.
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U.S. Code
- Unlawful acts§ 922
- Establishment of Office of Justice Programs§ 10101
- Index to facilitate law enforcement exchange of DNA identification information§ 12592
- Background checks§ 40102
- State grant program for criminal justice identification, information, and communication§ 40301
- Findings§ 40311
- Expungement of profiles§ 40743
- Findings§ 40902
- Definitions; rules of construction§ 1681a
- Congressional findings and statement of purpose§ 1681
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Sec. 6
Effect of expungement
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