Sec. 2. Definitions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

As used in this section: 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; and a Federal or State inspector general in his or her 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— detection activities, investigations (including police questioning and searches and seizures), and arrests conducted by criminal justice agencies, as well as their decisions not to refer cases for legal proceedings; institution of legal proceedings by indictment, complaint, information, other formal criminal charge, summons or citation, and notice of civil penalty; and legal 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 (e.g., 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 civil penalty. 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 subsection (a)(8). The term expunge means to remove an official record and any references to such record in another official record (including an official index or list) or in other public records, 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 subsection

(e)or by further order of the court. The term sequester means to retain an unaltered nonpublic copy of an official record and any other record or index subject to an expungement order, and to store such records in a separate, secure area to prevent access to those records except pursuant to subsection

(e)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 subsection (a)(2)(B), any identifying information. The term marijuana means the substance defined as marihuana in 21 U.S.C. 802(16) and also defined or referred to as marijuana (e.g., 18 U.S.C. 1791(d)(1)(B) , 21 U.S.C. 863(d) ) and tetrahydrocannabinols (e.g., 21 U.S.C. 812(c) ). The term expungable event means an arrest, the initiation of legal proceedings, and any legal results or consequences, as defined by subsection (a)(2)(A)(i)–(iii), for violating, attempting to violate, or conspiring to violate the following, as well as sentencing (including probation) and imposition of civil penalty pursuant to the following: 21 U.S.C. 841(b)(4). 21 U.S.C. 842(c)(2), where the controlled substance was marijuana. 21 U.S.C. 844(a), where the controlled substance was marijuana. 21 U.S.C. 844a, where the controlled substance was marijuana. 18 U.S.C. 13, where the underlying act or omission involves marijuana, including marijuana-related drug paraphernalia (as defined by 21 U.S.C. 863 ), and results in a Federal misdemeanor or civil penalty. 18 U.S.C. 3607, where the controlled substance was marijuana. Any other Federal misdemeanor, petty offense, infraction, or civil penalty involving marijuana, including marijuana-related drug paraphernalia, in which the conduct constituting the offense did not involve the use, attempted use, or threatened use of physical force against the person or property of another. To be considered an expungable event for purposes of subsections

(b)and (c)— at least one year must have passed since the date of the arrest or since the last docket entry in the case (except for technical or unrelated entries and other minor issues, as determined by the court), whichever is latest; and the court must not have been informed by the Attorney General of the United States, the United States Attorney for the relevant district, the Federal Bureau of Investigation, or another Federal criminal justice agency, that the case is ongoing or the individual has evaded prosecution.

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