Can a Conviction be Expunged from Your Record?

The Unfairness of the Federal Criminal Courts

The Federal criminal courts are widely known for their lack of fairness and the presumption of guilt that prevails. Even though judges and prosecutors talk about the presumption of innocence, the reality is that the presumption in federal court is that everyone charged is guilty. This is why you need a strong, competent, and experienced criminal defense lawyer to represent you. Attorney Todd Spodek and the Spodek Law Group have 41 years of experience and are ready to help you with your federal criminal case.

Expungement and Sealing of Criminal Records in the Federal Courts

Unlike most states, the federal system does not have a comprehensive set of statutes that allow expungement of arrest and conviction records for various offenses. However, several federal appellate courts have held that federal judges have the inherent power, aside from any statutory authority, to expunge arrest and even conviction records. Unfortunately, in most cases, judges rarely grant expungements. The law can vary from circuit to circuit, unless the U.S. Supreme Court steps in and resolves the conflict.

Why You Need a Skilled Defense Attorney

If you are convicted of a federal crime, Congress does not allow the conviction to be expunged or to be sealed. Convictions will follow you for the rest of your life and can make it difficult to find employment or obtain loans. Attorney Todd Spodek and the Spodek Law Group have the knowledge and experience to help you navigate the complex federal court system and fight for your rights. With their professional and deep understanding of the law, they will show you that you can trust them to handle your legal situation.

Drug Convictions and Dismissal of the Case

If you are under 21 and convicted of possessing a small amount of certain controlled substances, federal judges may expunge your conviction. But, if you are 21 or older and have a simple drug possession conviction, you might qualify for dismissal of the case. Dismissal is not the same as an expungement, but it lets you deny that you have a conviction.

Expunging DNA Records

If you are a member of the armed forces and have been convicted of specified offenses, including those within the Code of Military Justice that provide for a sentence of more than one year, the Department of Defense collects your DNA samples, indexes them, and analyzes them. But if the conviction is overturned, the Secretary of Defense must expunge the record from the index.

Can a Federal Conviction be Expunged?

The Federal Expungement Statute

The federal expungement statute only covers possession of small amounts of certain controlled substances, and even then, expungement is available only to people under 21.

The Inherent Power of Federal Judges

Several federal appellate courts have held that federal judges have the inherent power, aside from any statutory authority, to expunge arrest and even conviction records. However, judges do so very rarely.

What You Need to Do

The place to start would be in the district court where the conviction was entered. You could file an application in the clerk’s office, or simply write a letter to the judge. You’ll need all your powers of persuasion to convince a judge that a true miscarriage of justice will occur if you are forced to acknowledge your record to employers, landlords, and others.

How to Convince a Judge to Expunge Your Record

For a record to be expunged , a judge must find that it’s in “the interests of justice” to do so. The bar is very high, and you’ll need to convince the judge that expungement is necessary to preserve your basic legal rights. Expungement may be justified when the arrest records don’t serve the purpose of protecting society, the records will not aid future criminal investigations, future misuse of the records is likely, or extreme police misconduct has been demonstrated.

The Benefits of a Discharge and Dismissal

If you were convicted of simple drug possession, it was your first drug conviction, and you’ve never had a federal drug conviction dismissed in the past, you might qualify for dismissal of the case. Once the “Discharge and Dismissal” is filed, the records of your case should become a non-public record. This means that the Department of Justice will keep the record of your case only for the purpose of making sure you can’t benefit from a dismissal of this type again.

The Experience You Need to Protect Your Rights

Convictions can follow you for your entire life and make it difficult to find a job or obtain a loan. That’s why you need the best possible representation to make sure you don’t get convicted of a federal felony. Attorney Todd Spodek and the Spodek Law Group have the experience you need to navigate the complex federal court system and protect your rights. With their deep understanding of the law, they can help you get the justice you deserve.

Will a Judge Consider Expunging a Federal Conviction?

The Geographic Division of the Federal Courts

The country is divided geographically into thirteen federal “circuits” that our federal courts are in. Some circuits view the law differently than other circuits. So, the law can vary from circuit to circuit, unless the U.S. Supreme Court steps in and resolves the conflict.

The Judge’s Ability to Expunge Records

Several circuits have ruled that a federal judge’s inherent power to “make things right” allows them to consider expunging arrest and even conviction records, while other circuits have held the opposite. As it stands now, the U.S. Supreme Court hasn’t resolved the issue one way or the other.

Convincing a Federal Judge to Expunge Your Federal Conviction

Even in federal circuits that recognize a judge’s ability to expunge arrest or conviction record, judges do so very rarely. For a record to be expunged, a judge must find that it’s in “the interests of justice” to do so. The bar is very high, and you’ll need to convince the judge that expungement is necessary to preserve your basic legal rights.

When Expungement is Justified

Expungement may be justified when the arrest records don’t serve the purpose of protecting society, the records will not aid future criminal investigations, future misuse of the records is likely, or extreme police misconduct has been demonstrated. Attorney Todd Spodek and the Spodek Law Group have the expertise to help you make a convincing case.

The Benefits of Dismissal of the Case

Dismissal of certain kinds of drug offenses might be a possibility when expungement isn’t an option. Dismissal is not the same as an expungement, but it lets you deny that you have a conviction. If you have a simple drug possession conviction and meet certain conditions, you might qualify for dismissal of the case. Once the “Discharge and Dismissal” is filed, the records of your case should become a non-public record.

The Process for Expunging or Dismissing a Record

The process for expunging or dismissing a record varies depending on where you were convicted and which circuit you are in. The place to start would be in the district court where the conviction was entered. You could file an application in the clerk’s office or simply write a letter to the judge. You’ll need all your powers of persuasion to convince a judge that a true miscarriage of justice will occur if you are forced to acknowledge your record to employers, landlords, and others. Attorney Todd Spodek and the Spodek Law Group have the experience and knowledge to guide you through the process and fight for your rights.

Trust the Spodek Law Group to Protect Your Rights

If you’re facing federal charges or dealing with the aftermath of a conviction, you need a skilled and experienced defense attorney on your side. Attorney Todd Spodek and the Spodek Law Group have the expertise to help you navigate the complex federal court system and fight for your rights. With their deep understanding of the law and their commitment to their clients, they will work tirelessly to get the justice you deserve. Don’t let a conviction follow you for the rest of your life – call the Spodek Law Group today.