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.
2 Answers from Attorneys
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
Re: Federal Expundgment
As I understand it, federal law does not permit expungement.
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