QUESTION
Is it possible to have a non-violent federal felony expunged?
Asked on Jul 05th, 2011 on Criminal Law - New York
More details to this question:
Is it possible to have a non-violent federal felony expunged? I was convicted of possession of marijuana with intent to distribute six years ago. I did not receive any jail time, only 2 years probation. I am considering a career change (including going back to school) and I'm wondering how this could limit my options.
17 ANSWERS
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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It is not possible. Only a Presidential Pardon would work.
Answered on Jul 11th, 2013 at 1:36 AM
Generally speaking, federal convictions are not able to be expunged, period.
Answered on Jul 11th, 2013 at 1:36 AM
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There is no federal expungement statute.
Answered on Jul 04th, 2013 at 2:45 AM
Michael J. Breczinski
You want to check with an attorney who specializes in Federal law.
Answered on Jul 04th, 2013 at 1:32 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Is it possible to have a non-violent federal felony expunged? Yes.
Answered on Jul 04th, 2013 at 1:21 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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I would advise you to seek out an experienced federal attorney who does a lot of these types of cases. Federal case law is inconsistent and contradictory in determining the criteria, eligibility, and methods for granting expungements for federal records. It can get complicated.
Answered on Aug 31st, 2011 at 10:12 AM
William Guy Pontrello
I don't know I do only state work. I think there are no provisions in federal law for sealing or expungement.
Answered on Jul 07th, 2011 at 9:52 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No. I am sorry. There is no such thing as "expunging" under New York Law.
Answered on Jul 07th, 2011 at 9:52 AM
Certainly the conviction is part of your criminal record. I am not entirely sure if an expungement is possible under federal law. You should consult with an attorney regarding this issue.
Answered on Jul 07th, 2011 at 9:46 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Expungement is available in Michigan for most offenses if 5 years have passed and there is no other misdemeanor or felony on your record. You should consult with an attorney for the details and cost of such a procedure. You have an interesting situation though where you have a drug crime. Suppose that the Expungement is granted. After this, there is still a notation on your driving record of the suspension which you received as a result of the conviction. Therefore, a potential employer could not see the expunged offense on your criminal record, but may still see the suspension for a drug crime on your driving record. So, what I refer to as a "footprint" of the offense still remains, although it is a lighter footprint than having it on your criminal record. Finally, you should know that for certain jobs you would still need to disclose an expunged conviction. If for any other purpose, to not lie on an application. For example, if your were required to pass a high security clearance, you would definitely disclose and explain the offense. Failure to do so could result in dismissal. Even after an expungement, law enforcement and courts can see this offense and its expungement in your LEIN. Therefore, failure to disclose to those who have the record could result in a problem. It is important, as part of the expungement, that your fingerprints, etc. be returned so that they are out of the system, and that the record is no-longer public, so that information cannot be accessed on-line. You should discuss all of this with the attorney you retain. I hope that this was helpful. Should you need assistance in this regard, you should contact my office.
Answered on Jul 07th, 2011 at 9:26 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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NO. There is no such thing as expungement in federal cases, and records are forever. So, you'll have to disclose and explain to any employer or licensing agency, and hope for the best.
Answered on Jul 07th, 2011 at 9:24 AM
You need to hire an attorney to do what is known as a 17b motion to reduce the felony to a misdemeanor. Once that is granted, your lawyer can then proceed to petition the court to expunge the misdemeanor.
Answered on Jul 07th, 2011 at 8:49 AM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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In California you can get an expungment pursuant to PC 1203.4. You may also be eligible for a certificate of rehabilitation.
Answered on Jul 06th, 2011 at 3:39 PM
DUI & DWI Attorney serving Portland, OR
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Castleberry & Elison, P.C.
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There is no legal mechanism to expunge a federal felony conviction. However, there is a federal law (18 U.S.C. Section 3607) that authorizes expungement of certain offenses under the Federal Controlled Substances Act (21 U.S.C. 844). Expungement is available only to persons who were placed on pre-judgment probation under 18 U.S.C. Section 3607(a). Pre-judgment probation is when the judge finds you guilty but does not enter a judgment of conviction. If you do everything you are supposed to do on probation, the drug charge is dismissed and the record can be expunged. Representative Steven Cohen (D-TN) introduced a bill called The Fresh Start Act of 2010 (H.R. 5492) that would permit engagement of certain non-violent federal criminal offenses. Unfortunately, this is not currently the law.
Answered on Jul 06th, 2011 at 2:40 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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Hi, I specialize in California State expungements not federal expungements, so my answer here is not authority on the matter. At this time, it's my understanding that expungements for federal convictions are for the most part only available if it was a simple possession charge and you were under 21 at the time of your arrest. This is not the case for felony convictions in California State, which I handle. As for Felony expungements, I know Congressman Steve Cohen introduced a bill called "Fresh Start" that if passed would allow for federal expungements in more circumstances. I believe the bill was introduced in June 2010, but I do not think it passed, but I am not sure what the status of the bill is at this point. I am checking in with my local congressman for an update on that bill though, and waiting for a response. Sorry I can not answer your question definitively at this time.
Answered on Jul 06th, 2011 at 2:34 PM
Drug Crimes Attorney serving Philadelphia, PA
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Laguzzi Law, P.C.
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No, at least not until you are 70 years old and have remained crime free for 10 years. You could pursue a pardon from the Governor but you should know that is rare.
Answered on Jul 06th, 2011 at 2:19 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Federal cases can be expunged but its a high threshold to meet. I've done these motions before so feel free to contact me if you are looking to retain counsel. I am a former federal prosecutor.
Answered on Jul 06th, 2011 at 1:36 PM