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  1. #1
    Join Date
    Feb 2009
    Posts
    1

    Unhappy Federal Expungement

    My question involves expungements or pardons for the state of: California AND Arizona

    Hello,

    I have done lots of research since I found out I could get an expungement then I found out today that it is probably NOT possible because I was sentenced in a Federal Court in California. I always lived in Arizona and my Probation Officer told me that I now have a Docket # here in Az and that it was transferred to Az.

    I was convicted of Conspiracy (Count 1) and Unauthorized Manufacture and Distribution of Satellite Access Devices (Count 2).

    In the not so distant future I could possibly be applying for a Gaming License in the State of Texas if they pass a bill Regarding legalizing Poker rooms in Texas HB 222.

    I would be applying for this license as a commercial operator and am now deathly afraid that I will not be granted a license because of the Federal conviction. I was granted probation which is almost up, paid my fine in full, basically I fit the perfect candidate for expungement OTHER than it being a Federal case.. So as of right now I am really upset at myself because I am under the impression that I will not be able to either obtain an expungement (California) or Set Aside (Arizona). I am unsure if I need to get an attorney in California or Arizona..

    My question for you is what do you think about my situation? Is there any chance at all or am I grasping at straws here and basically screwed??

    I appreciate any information you can give me!

    Thank You!
    Ken

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Federal Expungement

    If you're asking whether, under federal law, you are eligible for an expungement, no you are not. You would have to get a Presidential Pardon. States cannot expunge federal convictions.

  3. #3
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Federal Expungement

    This appears to be TX's expunction law. It appears you could not even get a TX conviction expunged from your "individual" facts.


    http://www.statutes.legis.state.tx.u.../htm/CR.55.htm


    AZ does not have an expunction law, according to this site:


    ...Can I get my record expunged?

    Arizona law does not have an expungement provision. Charges for any type of crime will remain on your record until you reach age 99.


    http://www.azdps.gov/reports/crimina...aq/default.asp


    My state though will expunge a federal conviction, certain ones of course, for INTRAstate purposes, assuming of course certain facts weigh in, such as it is a 1st offense, time frame from crime, etc., etc.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Federal Expungement

    He said he was sentenced in a federal court in California, so it had to have been a federal charge.

    A state can offer relief from state law disabilities arising from a federal conviction, but cannot expunge a federal conviction.

  5. #5
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Federal Expungement

    Quote Quoting aaron
    View Post
    He said he was sentenced in a federal court in California, so it had to have been a federal charge.

    A state can offer relief from state law disabilities arising from a federal conviction, but cannot expunge a federal conviction.

    He said though his case file transferred to AR, so that is why I quoted AZ law.

    As I understand my state case law, a federal conviction can be expunged for INTRAtstate purposes, again, certain facts weigh in.

    Yes, resoratation of civil liberties is a seperate thing from expungment.

  6. #6
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Federal Expungement

    Quote Quoting BOR
    View Post
    As I understand my state case law, a federal conviction can be expunged for INTRAtstate purposes, again, certain facts weigh in.
    I remembered this case from research on another site many years ago in response to an inquiry, but had to search for it, as I did not have it in my notes here.

    Public employment — Writ of quo warranto ousting village councilman from office denied, when — Village councilman convicted of attempted tax evasion not disqualified from his position when federal conviction is expunged under
    R.C. 2953.32 and 2953.33


    http://www.sconet.state.oh.us/rod/do...9-ohio-213.pdf

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