In 2000, I went to trial in the Southern District of New York for Medicare fraud.  I had taken a part-time job working from home for a company that fraudulently billed Medicare for services not rendered.

I pled not guilty to the charges, and took the stand in my own defense, but to no avail. 

 Despite the fact that the judge herself described me as, "an accidental criminal," (whatever that means), I was sentenced to 15 months in a Federal Prison Camp, of which I served 10 months, followed by three years supervised release, and a three year cap on restitution. 

Although the judge in her Opinion and Order specifically exempted my home and vehicles from seizure by the Government, someone nevertheless ignored her ruling and put a lien on my house without notifying me or my husband.  We discovered this action 10 years later when we applied to refinance our mortgage.  Fortunately, after I presented the official judgment to the government office responsible for tracking restitutions, the lien was rescinded.  This does not obviate the fact that a federal attorney or some other agent of the federal government,  violated the terms of my court-ordered sentence by initiating and signing off on the order of lien.

During my three year period of supervised release, I paid back the full amount of 15% of my gross, annual earnings, to the Government; successfully completed probation; and for the past 10 years have held several senior level positions in business and industry in both New York and New Jersey. 

 Although I was compelled to surrender my license to practice medicine, I have not abandoned hope that one day I might restore that privilege, although I realize the effort will be both long and arduous.

In the past decade, each time that I applied for a job, I have held my breath.  I have experienced the alarm and misfortune of having been dismissed from two positions after a background check revealed my prior record.  Be advised that I did NOT lie on my employment applications.  Nevertheless, within days of receiving the positions, I was discharged.

At the time of my sentencing, my attorney failed to request the Court to seal my record      of conviction in an effort to afford me some measure of protection for future, gainful employment.

Is there any possibility that I could appeal to the presiding judge and/or district court, complete a formal application (if one exists), or write a letter requesting that the details of this 10 year-old conviction be sealed from future probing by potential employers?

If not, do any other options exist to protect my status as a productive citizen who has returned to the community?  I reside in New Jersey, have been gainfully employed for most of the prior 10 years, have not committed any new crimes, vote in every election, and volunteer for non-profit organizations in my free time.

I know that without the passage of the Fresh Start Act, introduced by Congressman Cohen, or some other official remedy to expunge non-violent, federal convictions, no matter how old, this unfortunate event in my past will continue to haunt me well into my future, as it has and continues to do with some many others who have found themselves in similar, legal circumstances.

Any professional advice, guidance, or direction that you might offer will be sincerely appreciated.