Expungement of records.

§ 76.41 Expungement of records. (a) The Attorney General shall expunge all official Department records created pursuant to this part upon application of a respondent at any time after the expiration of three (3) years from the date of the final order of assessment if: (1) The respondent has not previously been assessed a civil penalty under this section; (2) The respondent has paid the penalty; (3) The respondent has complied with any conditions imposed by the Attorney General; (4) The respondent has not been convicted of a federal or state offense relating to a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802); and (5) The respondent agrees to submit to a drug test, and such test shows the individual to be drug free. (b) A non-public record of a disposition under this part shall be retained by the Department solely for the purpose of determining in any subsequent proceeding whether the person qualifies for a civil penalty or expungement under this part. (c) If a record is expunged under this part, the individual for whom such an expungement was made shall not be held guilty of perjury, false swearing, or making a false statement by reason of his failure to recite or acknowledge a proceeding under this part or the results thereof in response to an inquiry made of him for any purpose.