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Im in texas never had any charges untill now I'm 45 and was arrested with 25 grams of meth ....I'm facing felony charges

How can I get this reduced and possibly sealed I'm a health care worker

Federal crime
Asked in El Paso, TX | Feb 13, 2021 | 1 answer
Answer
David Clay Tarras
David Clay Tarras
Criminal Defense Attorney in Fort Lauderdale, FL
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Posted on Feb 13, 2021

First off, I'm very sorry that you are experiencing this, and thank you for your service as a healthcare worker during the current health crisis. Second, I do not practice in Texas, so I am only give you a general answer, and my answer may very well not apply to your specific court.

There is no general federal expungement statute, and federal courts have no inherent authority to expunge records of a valid federal conviction. Ordinarily, federal records of valid arrests, indictments, or convictions may not be expunged, and no federal statute generally authorizes expungement of a federal offense. Thus, in the absence of statutory permission, federal courts may only grant expungement in two circumstances: (1) the few instances where a federal statute expressly permits expungement (certain first-time drug offenders under the age of twenty-one at the time of their arrest), which would not apply to you; and (2) where the court determines that “extreme or exceptional circumstances” warrant the exercise of its equitable power to order this type of relief.

Several circuits have ruled that a federal judge’s inherent power to “make things right” allows them to consider expunging arrest and even conviction records; other circuits have held the opposite. I am not aware if your circuit is one of them. So, depending on where you were convicted—in which circuit—you may have a chance of convincing a federal district court judge to expunge an arrest or even a conviction record. You will have to check with your local attorney and local felony district rules and procedures to see if the Judges in your district, or more broadly in your circuit, allow for expungements and/or sealing.

Your best chance at leaving your record open to be sealed is if your attorney is able to secure a diversion program for you, if the federal district in which you face criminal charges allows for such alternative sentencing options. If your attorney is able to get your case dismissed, or the charges substantially reduced, it is possible that you could appeal to your Judge for a seal when your case is over. If you plead guilty and are convicted, your chances are severely diminished. But there is hope here, because many federal judges have granted seals or expungements when it is equitable to do so, and this usually depends on your personal characteristics, criminal history, the nature of the offense, and the resolution of the case.

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David Clay Tarras

David Clay Tarras

Federal Crime Lawyer in Wellington, FL
Posted on Feb 13, 2021

This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Florida. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.

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