; (4) any entity or person listed in paragraph (3) that receives an inquiry relating to the record shall reply to the inquiry stating that no such record exists; and (5) except as provided in subsection (f), no person shall not be subject to prosecution under any civil or criminal provision of Federal or State law relating to perjury, false swearing, or making a false statement for failing to acknowledge the record or respond to any inquiry made of the petitioner or the parent relating to the record, for any purpose. (e) Civil actions (1) In general If an individual who has a record expunged or sealed under this section brings an action that might be defended with the contents of the record, there shall be a rebuttable presumption that the defendant has a complete defense to the action. (2) Showing by plaintiff In an action described in paragraph (1), the plaintiff may rebut the presumption of a complete defense by showing that the contents of the record would not prevent the defendant from being liable. (3) Duty to testify as to existence of record The court in which an action described in paragraph (1) is filed may require the plaintiff to state under oath whether the plaintiff had a record and whether the record was expunged or sealed. (4) Proof of existence of record If the plaintiff in an action described in paragraph (1) denied the existence of a record, the defendant may prove the existence of the record in any manner compatible with the applicable laws of evidence. (f) Attorney General nonpublic records The Attorney General shall— (1) maintain a nonpublic database of all records expunged or sealed under this subchapter; (2) disclose, access, or utilize records contained in the nonpublic database only— (A) in defense of any civil suit arising out of the facts contained in the record; (B) to determine whether the individual to whom the record relates is eligible for a first-time-offender diversion program