Legal Question in Criminal Law in California

Federal Expundgment

Is it possible to set-aside a US federal

conviction(s) for non-violent

crime(s)? Does current law allow

federal judges to make such

decisions? Again US Federal Court

NOT state court. I also have heard

the a presidential pardon while set-

asides a conviction does not remove

it from the record.


Asked on 3/06/09, 8:50 pm

2 Answers from Attorneys

Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Federal Expundgment

There is no such thing as federal expungement. However, setting aside or vacating a conviction is a completely different thing which, under certain circumstances, might be possible. To vacate a judgment would require some kind of constitutional attack on the conviction, i.e., there was ineffective assistance of counsel, etc. Much more difficult to accomplish than an expungement but it might not hurt having your situation properly evaluated.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 3/08/09, 5:34 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Federal Expundgment

As I understand it, federal law does not permit expungement.

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Answered on 3/06/09, 9:51 pm


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