(f) INTELLIGENCE
EXCEPTION.—Notwithstanding 
this Act, an official record of an otherwise expungeable 
event held by the intelligence community may be main-
tained and used for intelligence purposes. 
SEC. 7. ACCESS, STUDY, AND SUPPORT. 
(a) ACCESS.—Any expungement of an individual’s of-
ficial record for an expungable event or any related seal-
ing, sequester, and redaction of relevant official records 
pertaining to that individual, may be made available 
only— 
(1) to that individual or to such individual’s 
designated agent; 
(2) to the Director (including for support under 
subsection (c)(1)); 
(3) to the Comptroller General of the United 
States (including for support under subsection 
(c)(2)) for purposes of conducting the study de-
scribed in subsection (b); 
(4) with regard to an official record for a felony 
or for a misdemeanor unrelated to an expungable 
event, and where such record has appropriate 
redactions of any reference to official records ex-
punged pursuant to this Act, to a criminal justice 
agency (as defined by paragraph (1) of section 3) or 
intelligence community member (as defined by para-
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graph (10) of section 3), for the exclusive purpose 
of— 
(A) maintaining accurate official records; 
(B) investigating or prosecuting an indi-
vidual; or 
(C) for conducting a background check on 
an individual who has applied for employment 
by such criminal justice agency or intelligence 
community member; 
(5) to the United States Department of Jus-
tice’s Office of Justice Programs (and its units or 
subunits); and 
(6) to qualified academic researchers from rel-
evant schools and centers at accredited non- profit 
universities and colleges, for purpose of research, 
evaluative, or statistical activities pursuant to an 
agreement with the Director that specifically author-
izes access to the information, limits the use of the 
information to research, evaluative, or statistical 
purposes, and ensures the confidentiality and secu-
rity of the information consistent with this Act and 
with Federal law, including but not limited to, the 
redaction of personally identifiable information. 
(b) STUDY.—The Comptroller General of the United 
States, in consultation with the United States Secretary 
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of Health and Human Services, shall conduct a study of 
investigation, arrests, legal proceedings, and any legal re-
sults or consequences, as defined by paragraphs (2)(A)(i) 
through (iii) of section 3, for Federal misdemeanors, petty 
offenses, infractions, and civil penalties. 
(1) DEMOGRAPHICS.—Such study shall include 
information about the age, race, ethnicity, sex, and 
gender identity of those individuals with an official 
record for an expungable event, as well as informa-
tion about the type of community such individuals 
dwell in and such other demographic information as 
the Comptroller General determines should be in-
cluded. 
(2) REPORT.—Not later than 2 years after the 
date of the enactment of this Act, the Comptroller 
General of the United States shall report to Con-
gress the results of the study conducted under this 
subsection. In consultation with the Director, the 
Comptroller General of the United States shall also 
report to Congress on the implementation of this 
Act, including issues relevant to future expungement 
efforts (e.g., expungement of Federal felonies, 
expungement of Federal offenses for other controlled 
substances, models for automatic record-clearing and 
for general expungement). 
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SEC. 8. INAPPLICABILITY. 
The Administrative Procedure Act (5 U.S.C. 551 et 
seq.) and the Federal Advisory Committee Act (5 U.S.C. 
app. 2 et seq.) shall not apply to this Act and to orders 
or other actions taken pursuant to it. 
SEC. 9. INTERPRETATION AND SEVERABILITY. 
(a) NO PREEMPTION.—Nothing in this Act should be 
construed to preempt or supersede the laws of any State 
with respect to its authority to define and enforce the 
criminal law of that State, or with respect to any power 
reserved to the States respectively, or to the people, or 
with respect to the rights guaranteed to each citizen, 
under the Constitution of the United States. This Act does 
not annul, alter, or affect, or exempt any person subject 
to this Act from complying with, the laws of any State, 
except to the extent that those laws are inconsistent with 
the provisions of this Act. This Act shall not in any way 
abridge or alter the remedies now existing at common law 
or by statute, but consistent with subsection (d)(2) of sec-
tion 6, the provisions of this Act are in addition to such 
remedies. 
(b) SEVERABILITY.—If any provision of this Act, an 
amendment made by this Act, or the application of such 
provision or amendment to any person or circumstance is 
held to be unconstitutional, the remainder of this Act, the 
amendments made by this Act, and the application of the 
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provisions of such to any person or circumstance shall not 
be affected thereby. 
Æ 
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