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Federal expungement

New York, NY |

I wrote to my Representative and told him to support HR 5492 expungement for federal first-time non-violent offenders and his reply was "expungement is a state issue because states decide if felons can vote of not. please contact your state rep." i'm wondering what attorneys think of this and if you can suggest a response.
you can sign my petition if you like:

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Attorney answers 2

Best Answer

In my opinion, H.R. 5492 titled "Fresh Start Act of 2010" is a change in our federal criminal procedure that should be enacted. Among other things, this proposed legislation will enable a first time offender convicted of a "nonviolent criminal offense" to have "Any official record relating to the arrest..., the institutuion of criminal proceedings..., or the results thereof (including conviction) for the nonviolent offense" expunged. The order granting expungement "shall restore the the status such individual occupied before the arrest or institution of criminal proceedings for the nonviolent offense that was the subject of the expungement". I will definitely sign your petition and encourage my fellow criminal defense lawyers in Georgia to do the same. God bless you in your efforts to get this bill into law.


Federal court judges have the inherent power to expunge - I have made this motion before. In NY, the State courts have no power to expunge.

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