‘‘(1) operate as a disqualification of such indi-
vidual to pursue or engage in any lawful activity, oc-
cupation, or profession; and 
‘‘(2) be held under any provision of law guilty 
of perjury, false answering, or making a false state-
ment by reason of his failure to recite or acknowl-
edge such arrest or institution of criminal pro-
ceedings, or results thereof, in response to an in-
quiry made of him for any purpose. 
‘‘(c) RECORDS EXPUNGED OR SEALED.—Upon order 
of expungement, all official law enforcement and court 
records, including all references to such person’s arrest for 
the offense, the institution of criminal proceedings against 
him, and the results thereof, except publicly available 
court opinions or briefs on appeal, shall be expunged (in 
the case of nontangible records) or gathered together and 
sealed (in the case of tangible records). 
‘‘(d) RECORD OF DISPOSITION TO BE RETAINED.— 
A nonpublic record of a disposition or conviction that is 
the subject of an expungement order shall be retained only 
by the Department of Justice solely for the purpose of use 
by the courts in any subsequent adjudication. 
‘‘§ 3635. Disclosure of expunged records 
‘‘(a) LAW ENFORCEMENT PURPOSES.—The Depart-
ment of Justice may maintain a nonpublic manual or com-
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puterized index of expunged records containing only the 
name of, and alphanumeric identifiers that relate to, the 
persons who are the subject of such expunged records, the 
word ‘expunged’, and the name of the person, agency, of-
fice, or department that has custody of the expunged 
records, and shall not name the offense committed. The 
index shall be made available only to Federal and State 
law enforcement personnel who have custody of such ex-
punged records and only for the purposes set forth in sub-
section (b) of this section. 
‘‘(b) AUTHORIZED DISCLOSURE.—Such records shall 
be made available to the person accused or to such per-
son’s designated agent and shall be made available to— 
‘‘(1) any prosecutor, law enforcement agency, 
or court which has responsibility for criminally in-
vestigating, prosecuting, or adjudicating such indi-
vidual; 
‘‘(2) any State or local office or agency with re-
sponsibility for the issuance of licenses to possess 
guns where the accused has made application for 
such license; or 
‘‘(3) any prospective city, State, or Federal em-
ployer or agency, involved in investigating and/or 
prosecuting under criminal or civil statutes including 
employers of police or peace officers and in relation 
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to an application for employment as an employee of 
a city, State, or Federal employer or agency involved 
in investigating or prosecuting under criminal or 
civil statutes including as a police officer or peace 
officer, and every person who is an applicant for the 
position of police officer, peace officer, or any other 
prospective city, State, or Federal employer or agen-
cy, involved in investigating or prosecuting under 
criminal or civil statutes shall be furnished with a 
copy of all records obtained under this paragraph 
and afforded an opportunity to make an explanation 
thereto. 
‘‘(c) PUNISHMENT FOR IMPROPER DISCLOSURE.— 
Any person who knowingly disseminates information relat-
ing to an expunged conviction other than the offender 
shall be fined under this title or imprisoned not more than 
one year, or both. 
‘‘§ 3636. Reversal of expunged records 
‘‘The records expunged under this subchapter shall 
be restored by operation of law as public records and may 
be used in all court proceedings if the individual whose 
conviction was expunged is subsequently convicted of any 
Federal or State offense.’’. 
(b) CLERICAL AMENDMENT.—The table of sub-
chapters at the beginning of chapter 229 of title 18, 
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United States Code, is amended by adding at the end the 
following item: 
‘‘D.
Expungement ...................................................................... 3631’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this Act shall apply to individuals convicted of an offense 
before, on, or after the date of enactment of this Act. 
Æ 
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