Legal Question in Constitutional Law in New Jersey

Constitutional Law Violation

My husband was arrested on a federal charge of possession of marijuana. During the course of discovery, the laboratory testing showed that the item which was believed to be marijuana by the officers was found to contain no controlled dangerous substances. The Government dismissed the charge on its own motion. We now want the arrest record expunged. Since this is federal and the 3rd Circuit, expungement will only be granted if there is some type of constitutional infirmity with the underlying arrrest. I don't think that we have a strong argument that there was not probable cause to make the arrest, but is there an argument to be made of a violation on another constitutional basis since my husband was factually innocent of what he was charged with?

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