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July 16, 2010


richard nevels

Can I have my conviction expunged from a federal case that happened twenty years ago even if I did almost 19 years for the non-violent drug offense?

July 16, 2010


Mathew Higbee, Esq

richard nevels said:

Can I have my conviction expunged from a federal case that happened twenty years ago even if I did almost 19 years for the non-violent drug offense?


 

Current federal expungement law is very limited.  You can expunge a federal case under the following situations:

1. The conviction was illegal, the statute is later
deemed unconstitutional or the conviction was obtained by government
misconduct.

2. 8 USC 3607 provides for expungement of a drug possession offense for
persons under 21, who are found guilty and sentenced to probation but
not convicted. The offender must have no prior drug offenses and meet
other requirements under the section.

 

You can read about a proposed federal expungement law at http://www.recordclearing.org/news/new-federal-expungement-law-proposed/

Founding Attorney – RecordGone.com

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