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Q: Federal expungements ( Answered 3 out of 5 stars,   1 Comment )
Question  
Subject: Federal expungements
Category: Relationships and Society > Law
Asked by: belly-ga
List Price: $5.00
Posted: 08 Jan 2003 12:37 PST
Expires: 07 Feb 2003 12:37 PST
Question ID: 139410
How do I go about obtaining an expungement of a federal criminal conviction?
Answer  
Subject: Re: Federal expungements
Answered By: tutuzdad-ga on 08 Jan 2003 13:30 PST
Rated:3 out of 5 stars
 
Dear belly-ga;

Thank you for allowing me an opportunity to answer your interesting
question.

Unfortunately, at the moment, assuming that you are in the United
States, there is no federal statute that authorizes the expungement of
convictions for federal crimes (other than convictions related to low
level drug possession by people under the age of 21 years).  Generally
speaking, you will not be able to have such a conviction removed from
your record, though federal courts do have the authority to order the
record removed in extraordinary circumstances where a lack of probable
cause is evident or if the person arrested was taken into custody for
a statute that is deemed unconstitutional.

You can, however, seek a federal pardon (Presidential pardon) but this
will not remove the conviction from your record; it merely seals the
record from being accessed.

I hope you find that that my research exceeds your expectations. If
you have any questions about my research please post a clarification
request prior to rating the answer. I welcome your rating and your
final comments and I look forward to working with you again in the
near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad-ga



INFORMATION SOURCES

NEW ORLEANS LEGAL ASSISTANCE CORPORATION
http://www.nolac.org/expungements.htm


FINDLAW
(state by state laws pertaining to cleaning up criminal records)
http://public.findlaw.com/states_new.html


“Pardon Me! -- The Pardon Resource Center”
http://www.silicon-valley.com/pardonme/index.shtml




RECOMMENDED READING

"EXPUNGEMENTS" 2nd Edition 
Freedom from the Disability of a Legal Record 
International Standards Book Number (ISBN) 0-9662018-6-8 
Library of Congress Catalog Number (LCCN) 2001090621     
http://www.uslawbooks.com/books/expungement.htm




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Expunge federal conviction

Federal expungement

Expungement laws

Findlaw

Federal pardon
belly-ga rated this answer:3 out of 5 stars
The information I have obtained on my own seems to contradict the
answer i received from tutuzdad-ga, so my search will continue, but
thanks anyway!

Comments  
Subject: Re: Federal expungements
From: expertlaw-ga on 10 Jan 2003 12:12 PST
 
For a federal court analysis demonstrating the difficulty of obtaining
expungement after acquittal or the reversal of a conviction, please
review the following Case from the Fifth Circuit Court of Appeals:
http://www.ca5.uscourts.gov/opinions/pub/97/97-30160-cr0.htm

And the Tenth Circuit Court of Appeals, as reproduced on the Kansas
Judicial Branch website:
http://www.kscourts.org/ca10/cases/1997/12/97-4039.htm

If you have information which seems to contradict the research posted
by tutuzdad-ga, please consider that it may well be incorrect. Within
this context, you have the ability to request clarification, share
that information, and ask the researcher to attempt to verify or
refute the contradictory information.

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