Can Federal Convictions be Expunged?

 Posted on January 24, 2020 in Federal Crimes

A federal conviction can ripple through every part of your life, including jobs, housing, licensing, and even travel. It is common to question whether there is a way to wipe your slate clean. For most people, federal law does not offer a general expungement. There is, however, a very narrow path for specific first-offense drug cases, and there are other tools that may soften the impact of a record. Working with an experienced Chicago, IL expungement attorney ensures you understand your rights and have the best chance at a fresh start.

When Can Federal Convictions Be Expunged?

Think of expungement as a court order that removes public references to your case so it reads as if it never happened. In federal court, the main route to expungement appears in 18 U.S.C. § 3607, often called the Federal First Offender Act, and it specifically relates to drug possession. It applies when all of the following line up:

• The charge was simple possession under 21 U.S.C. § 844.

• You had no prior drug convictions.

• The judge placed you on probation without entering a judgment of conviction.

• You completed that probation.

• You were under 21 at the time of the offense (for the expungement step).

This is a narrow doorway to clearing your record. It does not cover convictions involving drug distribution, trafficking, or most other federal offenses.

Does a Presidential Pardon Erase My Criminal Record?

A presidential pardon is powerful, but it is different from expungement. It can restore civil rights and help with many collateral consequences, but it does not delete the court record. Background checks typically show the conviction and the fact that a pardon was granted.

If a pardon might be right for you, the Department of Justice generally asks that you wait five years after finishing all parts of the sentence, including supervision, before applying. A strong petition explains your progress and includes supporting documents.

Federal Pardons and Other Ways to Address a Federal Record

Even if expungement is not possible, you still have options. You can ask the court to vacate, set aside, or correct your sentence under 28 U.S.C. § 2255 if there was a constitutional or jurisdictional error. You can apply for a pardon that shows your rehabilitation and community ties. You can fix mistakes on your federal background report. In rare cases, you can ask the court to address arrest records after a dismissal when there were legal errors or unusual facts. The best path depends on your charges, the court, and what has happened since. To find out what legal avenues are available to you, you need a criminal defense attorney with experience in expungement to review your file.

Can I Seal or Expunge a Federal Arrest That Was Dismissed?

Unlike expungement, sealing does not delete your record. It still exists, but the public cannot see it. However, courts, law enforcement, and some agencies can. Generally, there is no one-size-fits-all federal sealing law.

Some federal courts have recognized limited authority to expunge arrest records in extraordinary situations, usually where the arrest or prosecution was unlawful or where clerical errors must be fixed. Other courts have said they lack the power to expunge valid records for fairness alone. Because results vary by circuit and by the facts, it is worth having a lawyer evaluate your particular situation.

Do the Recent Marijuana Pardons Clear Federal Records?

Presidential proclamations issued on October 6, 2022, and December 22, 2023, granted pardons for federal and D.C. simple marijuana possession. The 2023 action also covered attempted possession and use, including offenses on federal property. As previously addressed, a pardon is forgiveness, not expungement, and these recent pardons did not change that fact.

Therefore, even with those pardons, background checks usually still show the case with a notation that it was pardoned. The proclamations do not cover distribution or possession with intent, and they do not reach state convictions. They generally apply to U.S. citizens and lawful permanent residents. If you qualify, you can request a Department of Justice Certificate of Pardon to show employers and licensing boards.

Common Myths About Expungements

Common misunderstandings that often trip people up about expungement include:

• It erases the internet: Court orders target government records, not news sites, social media, or data brokers. Separate takedown requests may be needed.

• All background checks update overnight: Private screeners may use old data. You often must send them proof of relief and follow up.

• You never have to disclose again: Some forms, like security clearances or certain licenses, can still ask about expunged matters. Read each question closely.

• All civil rights come back automatically: Firearms, voting, travel, and professional licensing have different rules and may require extra steps.

• Immigration treats it the same as state law: An expunged case can still count as a conviction for some federal immigration purposes. If this is a concern for you, you will need tailored advice.

• One order fixes every database: Agencies store records in different systems. You may need to notify multiple offices and keep copies to verify updates.

• It works everywhere the same way: Expungement rules vary by state and agency, and some out-of-state systems or professional boards apply their own standards. You may need separate requests where your record appears.

Schedule a Free Consultation With a Chicago, IL Federal Criminal Defense Attorney Today

Every case is different, and a quick conversation can clarify your options. At Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney, our team will review your history, identify realistic paths to relief, and give you a step-by-step plan. That may include building a strong clemency petition, correcting background report errors, or pursuing targeted post-conviction remedies.

Attorney Hal M. Garfinkel has spent nearly two decades in Illinois courtrooms, first as a prosecutor and later as a defense lawyer in high-profile matters. That perspective helps him anticipate how the government will approach your case and how to build the strongest defense for you. Call 312-629-0669 for a free consultation with a Chicago, IL federal criminal defense lawyer, or contact us online. We will treat you with respect, move quickly, and keep you informed.