§3607 Special probation and expungement procedures for drug possessors

Summary

If a person is found guilty of the offense in section 404 of the Controlled Substances Act (21 U.S.C. 844), and that person has no prior drug convictions and has not had this special court treatment before, the law lets the court handle the case under a special disposition. A private record of that disposition, or of any conviction later erased, is kept only by the Department of Justice. The record can be used only by courts to decide if someone qualifies for the special treatment or for erasure, and the disposition or erased conviction does not count as a conviction for legal disabilities or other purposes. If the case got the special disposition and the person was less than 21 years old when the offense happened, the court must expunge (erase) the official records if the person asks. The expungement removes public references to the arrest, charges, and outcome, restores the person to their prior legal status, and prevents future charges of perjury, false swearing, or making a false statement for failing to say they were arrested or prosecuted for that offense.