Scroll down to Am I eligible? If eligible, then we must file a petition in District Court suing the Custodian of Records for the arresting agency i. If the parties agree to the petition for expungement which often happens , generally no hearing will be required.
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If successful, your arrest record and court file will be expunged and not available for public inspection. Expungement causes the event to be treated as null and void — as if it never happened. If your sex offense was after , it is highly unlikely that you would qualify. Even if your offense was before , if you were convicted served time or received a suspended sentence , there is probably little that can be done because certain types of expungements are discretionary to the court.
We simply have to evaluate each situation on a case-by-case basis. For sex crimes before that resulted in a deferred sentence, we may be able to help either under Section 18 or Section — again depending on the crime charged, the facts supporting the charge, and the result achieved in your original criminal case. Municipal courts do not have jurisdiction to prosecute a felony.
There are different expungement procedures that apply depending on whether you were 1 acquitted i. Under any of these scenarios, you may be eligible either for a Section 18 or Section expungement. If you are eligible, we must determine which section is applicable to you. Contact us to review your case. If you were arrested because someone used your name or identity when they were arrested, you may be able to proceed under an expedited expungement procedure. This provision is only available for someone whose name or identity was misappropriated without consent.
This is available only if your identity was misappropriated by another person at the time of their arrest or conviction. NOTE: If you get a ticket, be sure to contact a lawyer to handle the traffic offense. That is because technically a deferred sentence or a continued sentence is not really a conviction. A deferred sentence is not a conviction! You must meet ALL of these criteria to be eligible. Generally, there is no other statutory provision for expungement of a federal crime; accordingly, sealing a federal criminal arrest or conviction is very rarely possible.
There are, however, always exceptions if:. It is also possible that a federal court could grant an expungement if there was unlawful harassment from law enforcement or proof of intentional government misconduct in the criminal investigation or if an arrest was made without probable cause. Again, it is highly unlikely that a federal arrest or conviction can be expunged. Examine the requirements for the different type of expungements.
The requirements are different for each category. Note that if you have a felony conviction, a pardon is likely required before you are eligible for expungement. You may be eligible NOW even if you were not previously eligible.
However, you may still qualify under Section if cannot meet the following conditions by falling within one of the following categories:. For non-violent felony crimes which today are re-classified as misdemeanors, expungement is available 30 days after completion of the sentence or 30 days after commutation of the sentence — assuming that ALL other conditions of probation are fulfilled including treatment if ordered , restitution is paid, court costs are paid, etc.
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Politics and Reform. About Us. Library of Congress. Noonan , F. A pardoned offense may be used as a predicate offense, and to enhance a subsequent sentence. Carlesi v. New York , U. The effect of a presidential pardon is not to prohibit all consequences of a pardoned conviction, but rather to preclude future punishment for the conviction. See Nixon, U. United States, F. Thus, a pardon relieves legal disabilities arising under state or federal law solely by virtue of the conviction, but it does not preclude adverse action taken on the basis of the conduct underlying the conviction.
Legal Counsel No. In this regard, a pardon may be taken as evidence of rehabilitation and good character. Department of Justice, on a form provided by that office.
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Each pardon application is investigated by OPA, which in meritorious cases includes an FBI background investigation and inquiry to the U. Attorney and the sentencing judge, and a recommendation is made to the President through the Deputy Attorney General. Cases are reviewed on a paper record, and there is no formal hearing. Official pardon recommendations and OPA advice to the President are confidential. Processing time for a favorable recommendation is generally at least 18 months and may be considerably longer.
Factors to be considered include:. Despite this, the rate of application has remained steady. President Obama granted a total of pardons and denied 1, applications, leaving applications pending when he left office. He also granted 1, sentence commutations, and denied 18, applications, leaving some prisoner petitions still pending.
The rate of application picked up markedly at the end of his tenure, notwithstanding the sluggish grant rate. George W. Bush granted a total of pardons and eleven commutations, and denied more than pardon petitions. Historically, and until the mids, American presidents have pardoned regularly and generously. Presidential pardoning has abated in recent years, however, compared to pre grant rates. Humbert, The Pardoning Power of the President The number of presidential pardons each year has steadily declined since , as has the percentage of applications granted.
Rev 89 In December the Washington Post co-published an investigative series on federal pardoning during the Bush Administration purporting to show racial disparity and undue congressional influence in the federal pardoning process. Room 5E. Attorney usdoj. No statute authorizes sealing or expungement with one narrow exception , and federal courts have very limited inherent authority to grant record relief.
Deferred adjudication and expungement authorized for first misdemeanor drug possession if under age 21 at time of offense.lofohydnumpcomp.ga
U.S. Federal - Guide to Pardon, Expungement & Sealing
There is no general federal expungement statute, and federal courts have no inherent authority to expunge records of a valid federal conviction. Crowell , F. However, some courts have held that federal courts have inherent ancillary authority to expunge criminal records where an arrest or conviction is found to be invalid or a clerical error is made.
United States v. Sumner, F. United States , F. Alabama , U.
Do I Need An Attorney to Have My Federal Criminal Record Expunged?
Where a person with no prior drug conviction is found guilty of misdemeanor possession of a controlled substance under 21 U. The effect of expungement under this section is explained as follows:. The effect of the order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or institution of criminal proceedings.
A person concerning whom such an order has been entered shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of his failure to recite or acknowledge such arrests or institution of criminal proceedings, or the results thereof, in response to an inquiry made of him for any purpose.
Congress has directed that DNA analysis be expunged from certain indices when a conviction has been overturned. No provision for expungement or sealing. While there is no general administrative relief mechanism available from federal collateral consequences, waivers in particular cases may be available from responsible agency officials for both state and federal offenses subject to disabilities under particular federal statutes. A few federal statutes specifically incorporate a waiver provision based on state provisions for pardon or restoration of rights.
In certain cases, a non-citizen may avoid deportation based on conviction if he is pardoned. Sentencing Rep. Under HUD regulations, federal restrictions on licensure as a mortgage originator for persons convicted of a felony may be waived by a pardon. See 24 C.