Q: How do I expunge a federal felony case?
This week’s legal reference question involves federal law. Normally we get asked questions on how to expunge a state criminal conviction. The process for a federal criminal conviction is different. First, expungements are not an available option, instead the person may apply for a Presidential pardon, if the following conditions are met:
1. The individual is no longer serving the sentence and is not under parole, probation or supervised release supervision;
2. Five years have passed since release from confinement or if no confinement was imposed, five years from the date of conviction; and
3. A waiting period of seven years is required for more serious offenses, including violations of narcotic laws, income tax laws, perjury, violation of public trust involving dishonesty, violent crimes, gun control laws, fraud involving substantial sums of money, violations involving organized crime, and other crimes of a serious nature.
See United States Probation Office, Central District of California’s FAQ page
The application process and form is available on the Office of the Pardon Attorney’s website.