Is there any way to get a 10 year federal felony conviction expunged? 18:545. If yes how? Please help

Asked over 1 year ago - Wildomar, CA

This took place in San Diego Mexico border. I was given 3 years probation no jail time.I have not been in any trouble since then.

Attorney answers (2)

  1. Christine C McCall

    Pro

    Contributor Level 20

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    Answered . Federal law does not provide for expungements of federal offenses. You will need to apply for a Presidential pardon. Yes, very tough to get.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  2. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . An expungement is impossible since the Federal Rule of Criminal Procedure 35(a) provides that a district court loses jurisdiction to alter or amend a final judgment 14 days after the judgment is filed (and can only do so in limited circumstances during that 14 day period), and the time limits to challenge to conviction by direct appeal or habeas corpus expired 14 days after the judgment was filed and 1 year after the judgment became final, respectively. Therefore, a reduction to a misdemeanor, even if the Government agreed to do so (which is another discussion), is not legally possible. A Presidential Pardon is the only alternative in federal court.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more

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