qualifying offense
(1) By Director (A) The Director of the Federal Bureau of Investigation shall promptly expunge from the index described in subsection (a) the DNA analysis of a person included in the index— (i) on the basis of conviction for a qualifying Federal offense or a qualifying District of Columbia offense (as determined under sections 40702 and 40703 of this title , respectively), if the Director receives, for each conviction of the person of a qualifying offense, a certified copy of a final court order establishing that such conviction has been overturned; or (ii) on the basis of an arrest under the authority of the United States, if the Attorney General receives, for each charge against the person on the basis of which the analysis was or could have been included in the index, a certified copy of a final court order establishing that such charge has been dismissed or has resulted in an acquittal or that no charge was filed within the applicable time period. (B) For purposes of subparagraph (A), the term “qualifying offense” means any of the following offenses: (i) A qualifying Federal offense, as determined under section 40702 of this title . (ii) A qualifying District of Columbia offense, as determined under section 40703 of this title . (iii) A qualifying military offense, as determined under section 1565 of title 10 . (C) For purposes of subparagraph (A), a court order is not “final” if time remains for an appeal or application for discretionary review with respect to the order.
Source
34 USC § 12592(d)(1)
Scoping language
None identified, default scope is assumed to be the parent (part A) of this section.