Can a Federal Crime be Expunged?
In the United States, expungement is the process of sealing or deleting criminal records, allowing individuals to start anew and wipe the slate clean. But can a federal crime be expunged? The answer is not a straightforward yes or no. While federal crimes are subject to different laws and procedures, it is possible to obtain expungement for some federal offenses. In this article, we will explore the complexities of expunging federal crimes and the factors that determine eligibility.
What is Expungement?
Before delving into the specifics of federal crimes, it is essential to understand what expungement is. Expungement is the legal process of sealing or destroying criminal records, effectively wiping the slate clean. The goal of expungement is to provide individuals with a second chance, removing the stigma of a criminal conviction and allowing them to reintegrate into society. In the United States, expungement laws vary from state to state, with some states offering automatic expungement for certain crimes, while others require a petition to be filed.
Federal Crimes vs. State Crimes
A critical distinction to make when discussing expungement is the difference between federal and state crimes. Federal crimes are offenses that violate federal laws, such as the United States Code (U.S.C.), and are prosecuted by the federal government. State crimes, on the other hand, are offenses that violate state laws and are prosecuted by the state.
Federal Laws Regarding Expungement
The federal government has implemented laws that govern expungement for federal crimes. The Federal Expungement Statute, 18 U.S.C. § 3493, provides that a federal conviction can be expunged if the individual meets specific criteria. These criteria include:
• Plea agreement: The individual entered into a plea agreement and has completed their sentence or been pardoned.
• Mistake: The individual was convicted based on a mistake or technicality, and the evidence would not have supported the conviction.
• Wrongful conviction: The individual was wrongly convicted and did not commit the crime.
• Sentence commuted: The individual’s sentence was commuted by the President or the Attorney General.
Types of Federal Crimes Eligible for Expungement
Not all federal crimes are eligible for expungement. Some federal crimes, such as:
• Violent crimes: Crimes involving physical harm or the threat of physical harm, such as murder, assault, and battery.
• Sexual offenses: Crimes involving sexual contact or exploitation, such as rape, sodomy, and child pornography.
• Drug trafficking: Crimes involving the manufacturing, distribution, or possession of illegal drugs.
are typically not eligible for expungement. However, other federal crimes, such as:
• Misdemeanors: Crimes that are punishable by less than one year in prison.
• White-collar crimes: Crimes involving fraud, embezzlement, and other financial offenses.
may be eligible for expungement under certain circumstances.
The Expungement Process
The expungement process for federal crimes is complex and time-consuming. The process typically involves:
- Filing a petition: The individual must file a petition with the court seeking expungement.
- Gathering documentation: The individual must gather documentation, including court records, police reports, and witness statements.
- Hearing: A hearing is held to review the petition and determine whether the individual meets the criteria for expungement.
- Order of expungement: If the petition is granted, the court issues an order expunging the records.
Challenges and Considerations
While expungement is possible for federal crimes, there are challenges and considerations to keep in mind:
• Difficulty in obtaining expungement: The expungement process can be lengthy and challenging, and not all individuals will be successful.
• Limited scope of expungement: Not all federal crimes are eligible for expungement, and some crimes may require a pardon or commutation of sentence.
• State laws: State laws may also impact expungement, as some states may have their own expungement laws and procedures.
Conclusion
Can a federal crime be expunged? The answer is yes, but with limitations. Federal crimes that are eligible for expungement typically involve misdemeanors or white-collar crimes. The expungement process is complex and requires documentation and a hearing. Individuals seeking expungement must meet specific criteria and overcome challenges and considerations. If you are considering expungement for a federal crime, it is essential to consult with an experienced attorney to determine the best course of action.
Expungement Eligibility: A Comparison
| Type of Crime | Eligible for Expungement | Reason |
|---|---|---|
| Misdemeanor | Yes | Typically punishable by less than one year in prison |
| White-Collar Crime | Yes | Typically involves fraud, embezzlement, and other financial offenses |
| Violent Crime | No | Typically involves physical harm or the threat of physical harm |
| Sexual Offense | No | Typically involves sexual contact or exploitation |
| Drug Trafficking | No | Typically involves the manufacturing, distribution, or possession of illegal drugs |
Frequently Asked Questions
Q: How long does the expungement process take?
A: The expungement process can take several months to several years, depending on the complexity of the case and the court’s workload.
Q: Are all federal crimes eligible for expungement?
A: No, not all federal crimes are eligible for expungement. Crimes involving physical harm, sexual contact, or drug trafficking are typically not eligible.
Q: Can I appeal a denied expungement petition?
A: Yes, you can appeal a denied expungement petition to a higher court, but the appeal process is complex and requires legal representation.
Q: Will my expunged records still be available to the public?
A: In most cases, expunged records are sealed and unavailable to the public, but in some cases, certain parties may still have access to the records, such as law enforcement or court officials.
