Can my federal felony be sealed or expunged

Asked almost 4 years ago - New York, NY

In 2002 I was convinced of misprision of felony in NV. This was a federal conviction. I didn't go to jail but I ended up with 3 year probation - for good behavior my probation was only one year. Is there any chance I could get that sealed or expunged ? also what felony class is misprision of felony ?

Thank You

Attorney answers (3)

  1. Jason Chase Beahm

    Contributor Level 15

    Answered . While the federal courts do have the power to expunge your record, they almost never do so. Your chances of successfully having your federal record expunged are minimal.

    In order to have your record expunged, a judge would have to determine that it "is in the interests of justice." That sounds reasonable enough, but in application they only do it in extraordinary circumstances. If you choose to go after this remedy, expect it to be expensive, drawn out, and unlikely to be successful.

    Good luck and best wishes,

    Jason Beahm
    Beahm Law

  2. E. Brian Davis

    Contributor Level 14

    Answered . I agree with Mr. Beam, it is difficult to impossible.

    One avenue to consider: if the same person who prosecuted your case is still a prosecutor in that jurisdiction (NV) and the same judge who handled your case is still around as well, you have a slightly better chance.

    If both the original prosecutor and original judge are available, they can, if they choose, seal the case and do it without making any implicit negative remarks about the original judge and prosecutor. Judges do not like to second guess other judges, or make them look bad, except in clear circumstances.

    Another player you would need to get on board is the Probation Office. With all three of them, (judge, prosecutor, and probation officer) wanting to do something to assist you, it might be done.

    But even with all of that, there is no guarantee. It is a long shot, just as is your other possible remedy - seeking a pardon from the President.

  3. John Leif Fossum

    Contributor Level 17

    Answered . There is no federal expungement process. Your only option is to seek a presidential pardon. There is no other method to clear the record of a federal felony conviction.

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