Are federal crimes eligible for expungement?

the only federal expungement statute i'm aware of is under 18 u.c.s. 3607 and only applies to people charged with simple possession/controlled substance, who complete a period of probation (

I agree with Mr. Wilkinson. I would add that in certain circuits courts have held that a judge's inherent powers allow him/her to order a record sealed for compelling circumstances. Unfortunately, the last time I looked, the Eleventh Circuit, which is the federal appellate circuit that Atlanta is located in did not. Moreover, even in those circuits which allow for trial courts to grant "equitable expungments", adverse employment prospects resulting from a federal arrest record are rarely, if ever, considered sufficient grounds, standing alone.

Aside from the statute my colleague cited for you, and in certain situations pertaining to DNA for servicemen, one cannot expunge a Federal criminal record pursuant to any Federal statute. That said, certain Federal Circuits have said that a Federal Judge can "make things right" "in the interest of justice" and can expunge arrest or conviction records on equitable grounds. That said, it is EXTREMELY rare that a Judge would consider this and given that your case is in the 11th Circuit it is unlikely. While some Courts have recognized ancillary jurisdiction to expunge for equitable purposes (Second, Fourth, Fifth, Seventh, Tenth), most have continued to decline it. You could retain an attorney to file an original motion to expunge with accompanying memorandum in support but I believe it is highly unlikely that the Court would grant your request. I'm sorry to have to give you this advice.

There really isn't an expungement option for the facts you cite. You could petition a federal judge in the 11th circuit to have him order your record expunged, but the judge is not likely to do this. Try meeting with a local attorney who practices this kind of law, and see if they have any thoughts on your situation.

No, unlike some state courts, there is no provision under the federal criminal statutes for an expungement. However, you can apply for a presidential pardon although they are difficult and expensive to obtain.