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Expungement of Criminal Records in Federal Courts

Posted by attorney Stephen Aarons

In the hyperlink is an article written 18 months ago. If you can wade through the lawyer speak, you may notice how, in nearly all jurisdictions, juvenile (under age 18) records are expunged routinely. In many states there is a procedure to request the judge expunge the record. In other states like New Mexico the legislature is thinking about setting up a limited procedure but has not gotten around to passing a law for it. But in federal court, most of the circuits have looked into expungement and have made it very difficult to do. The answer is not always "no." If you can show that government misconduct infected his arrest or the initiation of your prosecution, you will have a strong argument for an order of expungement. In other circumstances, courts clearly are disinclined to grant expungement based on equitable considerations but have done so in special cases where unique factors justified the exercise of the court's equitable authority.

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