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  1. #1
    Join Date
    Oct 2012
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    1

    Default Federal Record Still Exists After State Sealing / Expungement

    My question involves criminal records for the state of: CO

    I had my criminal records sealed in 2008 from a 2004 felony drug charge by a local attorney. I recently reviewed my NCIC record from the FBI and the DEA is still sending the FBI information which is causing a DEA record to exist. I never had a Federal charge as this was all done within the City and County of Denver. I have contacted the FBI who told me to contact the DEA records office who told me that an order from a State agency (City and County of Denver) is not justification to remove the file from there records and I was told to contact the US states attorneys office. After contacting the US states attorneys office they told me to contact the Federal Court Clerk. The Clerks office said that I have no Federal records so there is nothing they can do. My question is, I have been getting the run around so where do I go from here?

  2. #2
    Join Date
    Jun 2012
    Posts
    173

    Default Re: Federal Record Still Exists After State Sealing / Expungement

    It sounds like you only expunged your offense through your state police department. To get rid of it on a federal level, you may want to try expunging it through the federal system.

    Applications for expungement of a federal criminal record must be processed through the Office of the Pardon Attorney of the United States government. Expungements of federal records are pardons or executive clemency. Recommendations are presented to the president of the United States, who may then issue a pardon. There are limits to this in that records may still be accessed if an individual is applying for federal employment. If the offense is military, clemency must be approved from the branch where the conviction exists before a pardon can be requested from the president.

    If this sounds hard to do, that's because it unfortunately is.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Federal Record Still Exists After State Sealing / Expungement

    You have no clue what you are talking about.

    The federal government has no authority to expunge a state conviction, and vice versa. They are separate sovereigns. The President cannot issue a pardon for a state-level conviction, just as a governor cannot issue pardon or grant clemency for a federal conviction.

    Although a federal agency may well follow a state expungement order, a federal agency is not obligated to do so. A state court order cannot compel the FBI to remove information from its files and databases.

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