Expunging a Federal Criminal Offense from your Record

While expungement, or the removal of a criminal record, is typically a function of state law, expunging a federal criminal record is largely dependent on federal law.  There are different penalties, consequences, and laws for federal crimes vs state. The federal courts have the power to expunge federal criminal offenses; however, most federal offenses are not eligible for expungement.  Therefore, obtaining the expungement of a federal criminal offense may be extremely difficult, if not impossible.

The Effect of a Federal Criminal Charge on Your Record

Even if you are successful in obtaining an expungement of your federal criminal charge, expungement does not completely remove the charge from your criminal record. Rather, the record of your charge or conviction will simply become unavailable for public viewing.  Law enforcement officials and courts will still have access to the expunged portion of your criminal record.  Therefore, if you apply for a job with a law enforcement agency, the officials who review your application will have access to your expunged federal criminal offense; as a result, you may still suffer the adverse effects of a federal criminal charge in terms of your employment or eligibility for some types of government assistance, even if your record was expunged of the federal criminal offense.

Crimes Eligible for Expungement

Most federal criminal offenses are not eligible for expungement.  There are some juvenile drug possession offenses that were committed by persons under the age of 21 that may be eligible for expungement.  In these cases, the offender must have no prior drug offenses, must have been found guilty of the crime and sentenced to probation, but was not convicted, and must various other statutory requirements.

How Expungement Laws Work

There is no mechanism in federal law for the expungement of federal criminal offenses, aside from the provisions related to certain drug possession offenses committed by persons under the age of 21.  The only exception to this general rule involves convictions under federal laws that are later determined to be unconstitutional, or if prosecutorial misconduct was involved in the conviction.

How an Attorney Can Help

An attorney can assist you in determining whether you meet the criteria for expungement of some federal drug possession offenses.  Additionally, if you have another type of federal criminal offense on your record, an attorney can advise you of other potentially available means of dealing with your federal criminal offense, such as presidential pardons.  As the expungement process for drug possession offense, as well as the presidential pardon process, can be complex, retaining the services of an experienced attorney can be essential to your success.