HOW DO I GET MY FEDERAL CONVICTION EXPUNGED?
An expungement usually removes all records of your arrest and court case from public record, and you may legally deny or fail to acknowledge ever having been arrested for or charged with any crime which has been expunged.
However, in Federal court this can only be done by a judge and under very limited circumstances. Since, Federal courts have limited jurisdiction to those authorized by the United States Constitution and statutes.
21 U.S.C. § 844: An offender who was under 21 years old at the time of a single offense involving possession of a small, "personal use" amount of certain controlled substances in violation of the Controlled Substances Act, and the defendant was granted pre-judgment probation (wherein the District Court dismissed the proceedings without entering a judgment of conviction prior to the expiration of a term of probation).
42 U.S.C. § 14132(d): The statute authorizing the FBI to create an index of DNA identification
records of federal criminal defendants and convicts contains a provision requiring the Director of
the FBI to expunge the DNA analyses of persons whose charges are dismissed or whose
convictions are overturned.
10 U.S.C. § 1565(e): The statute authorizing the Department of Defense to collect and
index DNA samples of service members convicted of qualifying military offenses contains an analogous provision requiring the expungement of the DNA analyses of military personnel whose convictions are overturned.
38 U.S.C. § 7462(d)(1): The Secretary of Veterans Affairs is to expunge records related
to disciplinary matters involving the professional conduct or competence of Veterans Health
Administration employees, where a Disciplinary Appeals Board has recommended such a
remedy in resolving a disciplinary question.
5 U.S.C. § U.S.C. 552a: Permits individuals who are subjects of inaccurate government records to request correction of those records.
Expungement powers may also be implicit in statutes including the Federal Gun Control Act, and All Writs Act.
The courts have also used their inherent equitable powers 1) derived from Article III and grounded in the separation of powers concept, vesting in courts certain judicial powers once Congress has created lower federal courts and demarcated their jurisdiction; 2) arising from the nature of the court or necessary for the courts to exercise other powers, such as the contempt sanction to maintain order while administering justice; and 3) rooted in the notion that a federal court, sitting in equity, possesses all of the common law equity tools of a Chancery Court (subject, of course, to congressional limitation) to process litigation to a just and equitable conclusion.
Since the circumstances under which you can obtain an expungment are so limited, you will need the help of an experienced Federal appeals attorney to review your case and present a persuasive argument to the court. If you believe you may qualify for the expungment please call today for your free consultation.
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