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I'd like to seal my federal criminal records from 1999 and 2010. How can I obtain the Cert. of Eligibility to petition court?
Anonymous3 views3 answers
My two cases took place in Miami-Dade county, Florida. I pled guilty both times to possession of stolen goods of interstate commerce. I served my time in prison and am applying for jobs where these records are popping up. I'd like to get one (the most recent one) or both sealed. My understanding is that I have to fill out the Certificate of Eligibility to petition the court (1st) and file a motion for sealing my record. Where can I find this form?
This attorney is not aware of any general path to expungement or sealing of federal criminal cases that led to a conviction. Even where a case is dismissed in federal court, there is not a clear mechanism for expungement. Some federal courts have found a basis for "equitable" or "legal" expungement based on case precedent, where a federal defendant was acquitted or the case dismissed especially where prosecutorial misconduct has been demonstrated. However, even under these circumstances, expungement is difficult. Where a conviction has been sustained, there is no clear path forward, except a possible presidential pardon (and these are extraordinarily rare). Of course, general information in a public forum is no substitute for retaining a lawyer in a specific jurisdiction to review a specific case and determine whether relief can be sought in that specific court or jurisdiction. The question here suggests a federal criminal case, but if it was actually a state case prosecuted in state courts, then a local defense attorney may be able to suggest a path to sealing the records under applicable state laws.
The "Certificate of Eligibility" is a Florida, not a federal (U.S. government) form, so you are on the wrong research track.
Moreover, while Florida Law allows for a pretty wide variety of sealable / expugnable offenses, the same does not hold true for the federal government.
My (admittedly limited) understanding of the federal sealing / expunction process is that, unlike most of the states (and Florida in particular), there is no comprehensive set of statutes that allow for sealing / expungement of arrest and conviction records.
While 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. Still, the federal expungement statute does cover possession of small amounts of certain controlled substances (18 U.S.C §3607) and there are also provisions for expunging DNA analysis where a service member’s conviction is overturned (10 U.S.C. § 1565(e)).
I'm sorry to say that I suspect that you are stuck with your record like a bad set of luggage (forever).
Still, I hope that I have been helpful in answering your question.
You are combining a state requirement within a question about federal sealing. You can find a form for state purposes online, but finding the right form is not the solution to your problem, finding the right attorney is.