Facts: United States District Court, Judicial District of Oregon.
Federal employee indited for violation of federal criminal statutes,
Title 18, alleging violation of conflict of interest provisions of
law. No trial. Inditement resolved through pretrial diversion
requiring resigntion from employment and community service.
Requriements of pretrial diversion were completed. Inditement was
dismissed. A term of 3 years has passed following dismissal of
inditement Within the 3 years, there have been no other charges in
any court.
Questions: Whether record of criminal history can be expunged?
Please cite any relevant law including federal statutes bearing on
expungement, any procedural statutes such as procedures in Federal
Rules of Criminal Procedure, case law citations, local rules of the
Federal District Court for Judicial District of Oregon.
Please specify procedure for asking the Court for expungement of
criminal history. Is a motion and an order required? Does the
criminal case have to be reopened before the motion for expungement
can be considered? Please prepare a modal motion and order for
reopening case and for expungement. Should a decleration or affidavitt
be filed with the motion for expungement? Can this be heard exparte
or is service on the United States Attorney reaquired?
Include anything else that is relevant to proceeding with respect to
expungement of criminal history. |