Process for Expunging Federal Criminal Record: Non-Disclosure

Your federal criminal disposition will automatically be ordered sealed at the end of your probation. The court will issue an order of non-disclosure and instruct all agencies having your criminal record to seal it.

In order to have your federal criminal disposition expunged, your disposition must be dismissed by the court

You can then file a “Petition for Expungement”. Expungement procedures are as follows:

1. You will need to fill out and file a “Petition for Expungement” with the Attorney General’s office.

2. The Attorney General will dismiss the proceedings against you at any time after 3 years have passed, as long as:

1. You never received a civil penalty for the crime;
2. You have paid the penalty;
3. You have complied with any conditions imposed by the Attorney General;
4. You have not been convicted of any federal or state offense relating to a controlled substance; and
5. You agree to submit to a drug test, and the test is negative (that means that you are drug free).

The Attorney General will also dismiss the proceedings if your conviction was based on a law that has been found to be unconstitutional, or if a judge finds that the conviction was the result of government misconduct. In these cases, there is no waiting period.

3. If your expungement is granted, all official records, all references to your arrest, and the results of any criminal proceedings against you will be ordered destroyed (expunged). You can then lawfully deny that you have ever been arrested for and/or convicted of the offense, if asked.

The sole exception to this would be that a non-public record of the conviction will be kept by the Department of Justice solely for the purpose of determining in any subsequent proceeding whether you qualified for an expungement under this section for use in any later similar proceedings.

For more information, visit the following topics:

Federal Expunging of Criminal Records: An Overview: snapshots the type of relief for getting an expungement of a federal conviction.

Eligibility: discusses the availability of expungement in relation to drug arrests.

Hiring an Attorney: discusses the reasons it makes sense to hire an attorney with knowledge and experience in expunging federal criminal records rather than representing yourself.

Case Studies: Expunging Federal Criminal Records

Case Study 1: John’s Fresh Start

John, a first-time offender, seeks to expunge his federal criminal record. After meeting the eligibility requirements and waiting three years, he files a “Petition for Expungement” with the Attorney General’s office. His expungement is granted, and all records and references to his arrest are destroyed, allowing him to move forward with a clean slate.

Case Study 2: Sarah’s Second Chance

Sarah successfully completes her probation for a federal crime. As per the court’s order, her federal criminal disposition is sealed, and a non-disclosure order is issued. Sarah’s past conviction is no longer accessible in public records, giving her the opportunity to rebuild her life without the stigma of her previous offense.

Case Study 3: Mark’s Redemption

Mark’s federal conviction was based on an unconstitutional law. With the help of an experienced attorney, he challenges the conviction and wins. The court dismisses the proceedings, and Mark’s criminal record is expunged without a waiting period. He can now deny any arrest or conviction related to the offense, if asked.