Sec. 5. Effect of expungement

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An order of expungement shall restore the affected individual, in the contemplation of the law, to the status he or she occupied before such arrest, legal proceedings, and any legal results or consequences, as defined by subsection (a)(2)(A)(i)–(iii), for an expungable event. An affected individual may treat the expunged arrest, legal proceedings, and any legal results or consequences, as defined by subsection (a)(2)(A)(i)–(iii), as if it never occurred and 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.

The fact that an individual has an official record, including a conviction, for an expungable event shall not operate as a disqualification of such individual to pursue or engage in any lawful activity, occupation, or profession. Expungement under this section does not include an official record of conduct constituting a felony or a misdemeanor unrelated to marijuana, and such official record may be accessed, with any redactions, pursuant to this section or by further order of the court issuing the expungement order.

Nothing in this section is intended to create a right to compensation, restitution, or any other monetary damages. This section and courts orders issued pursuant to it shall apply to— criminal justice agencies in the Federal Government; other Federal agencies in possession of expunged documents or related official documents; State criminal justice agencies subject to Federal law, due to the powers delegated to the Federal Government by the Constitution of the United States, due to voluntary agreement of the relevant State, and/or due to that State’s acceptance of relevant Federal funding— where such Federal law may include in relevant part: 28 CFR 0.85(j); 28 CFR part 20 (Criminal Justice Information Systems); 28 CFR part 23 (Criminal Intelligence Systems Operating Policies); 28 CFR part 25(A) (The National Instant Criminal Background Check System); 28 CFR 50.12 (Exchange of FBI identification records); 5 U.S.C. 9101 ; 18 U.S.C. 922 ; 28 U.S.C. 534 ; 34 U.S.C. chapter 101 (Justice System Improvement); 34 U.S.C. chapter 403 (Criminal Justice Identification, Information, and Communication); 34 U.S.C. chapter 409 (National Instant Criminal Background Check System); 34 U.S.C. chapter 411 (Access to Criminal History and Identification Records); 34 U.S.C. 40102 ; 34 U.S.C. 40743 ; 34 U.S.C. 12592(d) ; and where such Federal law and its application are consistent with relevant decisions of the Supreme Court of the United States, including:

South Dakota v. Dole, 483 U.S. 203 (1987); New York v. United States, 505 U.S. 144 (1992); Printz v. United States, 521 U.S. 898 (1997); Reno v. Condon, 528 U.S. 141 (2000); National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012); and Murphy v. National Collegiate Athletic Association, 138 S. Ct. 1461 (2018); and any consumer credit agency (as defined by 15 U.S.C. 1681a(f) ) subject to the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq. Individuals, agencies, and other entities or organizations covered by subsection (d)(4)(A)— 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 the expunged records do not exist; and shall not disseminate, use internally, or reveal the existence of expunged records for any purpose, except as authorized under this section or by further order of the court issuing the expungement order.

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