QUESTION

Can a felony mail fraud charge from Delaware be sealed and/or expunged? First time offender.

Asked on Jul 25th, 2012 on Criminal Law - Delaware
More details to this question:
The incident took place in 2006, I was sentenced in 2009 with a year & a day sentence. Currently finishing last year of supervised probation. I do not meet with a probation officer, I just send in my monthly report along with restitution. I have been incident free since initial incident.
Report Abuse

1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
Update Your Profile
Unfortunately, it is not possible to seal or expunge a federal conviction when you finish serving your sentence.  No federal statute allows it.  Unless you timely and successfully challenge the conviction and seek to have it set aside, a federal criminal conviction almost certainly will remain on your record permanently.One possible means of relief would be a presidential pardon. You can view the rules and obtain an application here. While the chances of receiving a pardon are low, you have nothing to lose by applying for one, and you could get lucky.For the last few years, there has been a bill pending in Congress that would allow certain non-violent offenders to expunge their convictions. It is called The Fresh Start Act of 2011. It was introduced in 2010 and died, and then reintroduced in 2011. The bill is sponsored by Rep. Steve Cohen of Tennessee. Currently it is in the House Judiciary Committee, Subcommittee on Crime, Terrorism, and Homeland Security. waiting for action. It is unlikely to pass this year, but perhaps you can assist in generating interest in the bill, and increase its chances for next year.  There are 9 co-sponsors of the bill, but none are from your state of Delaware.  To get the ball rolling, you could write your House Representative in Washington,  and as his constituent, urge him to co-sponsor the bill. There is a petition to support the Fresh Start Act with more than 3,000 signatures here. Jeralyn E. Merritt, Ask a Lawyer Panelist since 1998  
Answered on Jul 26th, 2012 at 6:37 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters