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  1. #1
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    Oct 2007
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    Default Can a Federal Charge Be Expunged

    A family member from Louisiana was convicted of fraud and is now serving time in federal prison. Is there anyway this can ever be erased or expunged from their record? He had heard that there was a new law that would let first time offenders be cleared and I was wonderering if this was true.

  2. #2
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    Apr 2007
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    Il.(near StL,Mo.)
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    Default Re: Can a federal charge be expunged????

    Louisiana Rev. Stat. Ann. 44:9

    A.(1) Any person who has been arrested for the violation of an ordinance or for violation of a misdemeanor may make a motion for expungement of the arrest record, under either of the following conditions:

    (a) The time limitation for the institution of prosecution on the offense has expired, and no prosecution has been instituted; or (b) If prosecution has been instituted, and such proceedings have been finally disposed of by dismissal, sustaining of a motion to quash, or acquittal.

    B. (1) Any person who has been arrested for the violation of a felony offense may make a written motion for the expungement of the arrest record if:

    (a) The district attorney declines to prosecute, or the prosecution has been instituted, and such proceedings have been finally disposed of by acquittal, dismissal, or sustaining a motion to quash; and (b) The record of arrest and prosecution for the offense is without substantial probative value as a prior act for any subsequent prosecution.

    C. (1) Any person who has been arrested for the violation of a state statute which is classified as a felony may make a written motion for expungement of the arrest record if the time limitation for the institution of prosecution on the offense has expired, and no prosecution has been instituted. E. (1)(a) No court shall order the destruction of any record of the arrest and prosecution of any person convicted of a felony. (b) After a contradictory hearing with the district attorney and the arresting law enforcement agency, the court may order expungement of the record of a felony conviction dismissed. Upon the entry of such an order of expungement, all rights which were lost or suspended by virtue of the conviction shall be restored to the person against whom the conviction has been entered, and such person shall be treated in all respects as not having been arrested or convicted.
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  3. #3
    Join Date
    Feb 2007
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    2,032

    Default Re: Can a federal charge be expunged????

    Quote Quoting Betty3
    View Post
    Louisiana Rev. Stat. Ann. 44:9

    A.(1) Any person who has been arrested for the violation of an ordinance or for violation of a misdemeanor may make a motion for expungement of the arrest record, under either of the following conditions:

    (a) The time limitation for the institution of prosecution on the offense has expired, and no prosecution has been instituted; or (b) If prosecution has been instituted, and such proceedings have been finally disposed of by dismissal, sustaining of a motion to quash, or acquittal.

    B. (1) Any person who has been arrested for the violation of a felony offense may make a written motion for the expungement of the arrest record if:

    (a) The district attorney declines to prosecute, or the prosecution has been instituted, and such proceedings have been finally disposed of by acquittal, dismissal, or sustaining a motion to quash; and (b) The record of arrest and prosecution for the offense is without substantial probative value as a prior act for any subsequent prosecution.

    C. (1) Any person who has been arrested for the violation of a state statute which is classified as a felony may make a written motion for expungement of the arrest record if the time limitation for the institution of prosecution on the offense has expired, and no prosecution has been instituted. E. (1)(a) No court shall order the destruction of any record of the arrest and prosecution of any person convicted of a felony. (b) After a contradictory hearing with the district attorney and the arresting law enforcement agency, the court may order expungement of the record of a felony conviction dismissed. Upon the entry of such an order of expungement, all rights which were lost or suspended by virtue of the conviction shall be restored to the person against whom the conviction has been entered, and such person shall be treated in all respects as not having been arrested or convicted.
    This is the State Statute. OP committed a FEDERAL crime and would have to get a pardon.

  4. #4
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    Default Re: Can a federal charge be expunged????

    Oops - they did say federal - thanks.
    OP - yep, they would have to get a pardon for a fed. offense.
    La. does have a first offender pardon if certain requirements are met but it wouldn't apply in this case since it was a fed. offense.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  5. #5
    Join Date
    Oct 2007
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    2

    Smile Re: Can a Federal Charge Be Expunged

    Thank you so much for your reply. So you're saying he would have to get a pardon from the president or could it be from his state goveronor? Does this actually ever happen? I can't imagine either taking much time in worrying about giving pardons? Thanks again for your time!

  6. #6
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    Aug 2007
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    Default Re: Can a Federal Charge Be Expunged

    Federal pardons can only come from the president. Bush will pretty much pardon anybody - if theyre a Republican.
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  7. #7
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Can a Federal Charge Be Expunged

    Bush hasn't issued all that many pardons. (Although he'll ignore all of his established protocols and standards if the defendant's name is "Scooter Libby".)

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