Can You Expunge a Federal Crime in California?
Understanding Expungement in California
Expungement, in the context of California law, refers to a legal process through which an individual’s criminal conviction is either dismissed or set aside. Specifically, under California Penal Code Section 1203.4, a person who has successfully completed probation, or meets certain other criteria, can petition the court to have their conviction dismissed. When a conviction is expunged, the individual is released from many of the penalties and disabilities associated with the conviction. However, it is important to note that an expungement does not completely erase the conviction from one’s record; instead, it is effectively dismissed.
Steps to Expunge a Conviction in California
The expungement process in California involves several steps. First, the individual must determine whether they are eligible for expungement. Typically, eligibility requires that the person has completed all terms of their probation, including paying fines, completing community service, and avoiding any new criminal charges. After ensuring eligibility, the individual must file a petition for expungement in the court where the conviction occurred.
The petition is then reviewed by the court, which may also seek input from the district attorney and probation department. If the court grants the petition, the conviction is dismissed, meaning the individual can legally state they have not been convicted of that crime in most situations. However, certain restrictions and obligations still apply, particularly in government-related matters.
Benefits of Expungement
Expungement offers several significant benefits, especially in areas such as employment, housing, and personal reputation. Once a conviction is expunged, an individual can often legally state on job applications for private sector positions that they have not been convicted of a crime, greatly improving their employment prospects. Additionally, expungement can remove barriers to securing housing, as many landlords conduct background checks and may reject applicants with a criminal record.
Beyond these practical benefits, expungement also provides a sense of closure and an opportunity for individuals to rebuild their lives without the constant reminder of a past mistake. However, it’s crucial to understand that an expunged conviction can still be used against you in certain situations, such as applying for a state license or in the event of a new criminal charge.
Expungement can be a powerful tool for those looking to move on from past mistakes, but it is important to approach the process with a clear understanding of its limitations and benefits.
Comparing State and Federal Crimes in California
State Crimes: Crimes that violate California state laws fall under the category of state crimes. These offenses can range from minor misdemeanors, like petty theft or simple assault, to serious felonies such as burglary, robbery, or homicide. The specific laws and penalties for these crimes are outlined in California’s criminal code. State crimes are prosecuted by state or local authorities and are typically handled in county courts. Penalties can include fines, probation, community service, or imprisonment in county jails or state prisons.
In California, there’s an opportunity for individuals convicted of state crimes to seek expungement, provided they meet certain conditions. This process generally becomes available after the completion of probation or a jail sentence. Expungement can remove many of the legal penalties associated with a conviction, making it easier for individuals to move forward with their lives. However, some serious offenses, such as certain sexual crimes, may not qualify for expungement.
Federal Crimes: Offenses that break federal laws or occur on federal property are classified as federal crimes. These are prosecuted by federal authorities and tried in the federal court system. Examples include drug trafficking across state lines, bank robbery, tax evasion, immigration offenses, and mail fraud, as well as crimes involving federal agencies or officials. Federal crimes carry severe penalties, often including lengthy prison sentences in federal facilities, heavy fines, and other significant sanctions.
The rules governing federal crimes differ from those that apply at the state level. Notably, federal offenses are generally ineligible for expungement. Unlike California’s state expungement process, the federal legal system does not offer a comparable option for clearing federal criminal records. As a result, a federal conviction typically remains permanent, with few avenues for relief, such as seeking a presidential pardon.
The jurisdiction under which a crime is prosecuted plays a significant role in determining whether expungement is possible. State crimes fall under state jurisdiction, allowing for the possibility of expungement under California law if certain criteria are met. On the other hand, federal crimes are under the jurisdiction of federal courts, where expungement is virtually unavailable.
This difference in jurisdiction directly affects an individual’s ability to clear their criminal record. Those convicted of state crimes in California may have a path to expungement, providing an opportunity to reduce the long-term impact of their conviction. Conversely, individuals with federal convictions face a much tougher situation, as the absence of a federal expungement process generally means that their criminal record will remain intact indefinitely, making it difficult to move on from their past.
Can Federal Crimes Be Expunged in California?
California’s expungement laws, as outlined in Penal Code Section 1203.4, allow individuals convicted of certain state crimes to have their convictions dismissed, provided they meet specific criteria, such as completing probation. However, these state laws do not extend to federal crimes. In other words, even if a federal crime was committed within California, the state’s expungement provisions do not apply. The key distinction here is that federal crimes are governed by federal law, which operates independently of California’s legal system.
As a result, California courts have no authority to expunge federal convictions. This jurisdictional barrier is a significant factor in determining whether a criminal record can be cleared. For those convicted of federal offenses, the options for record relief are far more limited than they are for state convictions.
Options for Federal Expungement
Expungement at the federal level is exceedingly rare. Unlike state law, federal law does not provide a general mechanism for expunging criminal convictions. Once a person is convicted of a federal crime, the conviction typically remains on their record indefinitely, with very few exceptions. The federal legal system is much stricter in this regard, and there is no equivalent to California’s expungement process under federal statutes.
However, there are limited circumstances in which a federal conviction might be expunged. For example, in cases involving certain drug offenses under the Federal First Offender Act (18 U.S.C. § 3607), individuals who were under 21 at the time of the offense and who successfully completed probation without any violations may have their records expunged. This is one of the few statutory provisions for expungement at the federal level.
Another potential avenue for relief is a presidential pardon. While a pardon does not expunge or erase a criminal record, it does forgive the crime and can restore certain rights lost due to the conviction. However, pardons are granted very sparingly and are typically reserved for cases where there has been a significant showing of rehabilitation or where the conviction is believed to be unjust.
Case Examples:
- Drug Offenses Under the Federal First Offender Act: A 19-year-old individual convicted of simple possession of a controlled substance might qualify for expungement if they meet the criteria set forth in 18 U.S.C. § 3607. If the individual completes probation successfully without further legal trouble, the court may dismiss the charges, effectively expunging the record. This is one of the rare instances where federal law allows for expungement.
- White-Collar Crime: An individual convicted of federal wire fraud, a common white-collar crime, would not be eligible for expungement under federal law. This conviction would remain on their record permanently unless they receive a presidential pardon, which is an unlikely outcome for most individuals.
- Presidential Pardons: Consider the case of a non-violent offender who has served a lengthy sentence for a federal crime, shown extensive rehabilitation, and contributed positively to society after release. This individual might apply for a presidential pardon. If granted, the pardon would not expunge the record, but it would restore certain rights, such as the right to vote or hold public office. However, this remains a rare and difficult process.
Legal Options for Individuals with Federal Convictions
Presidential Pardon: One legal option for individuals with federal convictions is seeking a presidential pardon. A presidential pardon is a type of clemency granted by the President of the United States, which forgives a federal crime and can restore certain rights lost due to the conviction, such as the right to vote, hold public office, or own firearms. However, it’s important to note that a pardon does not erase or seal the conviction from your criminal record. The conviction remains, but the pardon acts as an official statement of forgiveness.
The process for obtaining a presidential pardon is rigorous and highly selective. Typically, applicants must wait several years after completing their sentence before they can apply, and they must demonstrate good conduct and significant rehabilitation during that time. The decision to grant a pardon lies entirely with the President, and pardons are generally rare, often reserved for cases involving clear evidence of injustice or exceptional post-conviction behavior.
Sealing of Records: Another option, though less common, is the sealing of federal records. Record sealing restricts public access to the details of a criminal conviction, making it unavailable for most background checks. However, unlike expungement, sealed records are not destroyed and can still be accessed by law enforcement agencies, courts, and certain government entities.
Sealing of federal records is only available in very limited circumstances, such as cases involving wrongful arrest, acquittal, or charges that were dismissed without a conviction. For most individuals with federal convictions, sealing is not an option because there is no broad federal statute that permits the sealing of criminal records in the way that some state laws do.
Given these limitations, many individuals with federal convictions find that their records remain accessible to potential employers, landlords, and others conducting background checks. This ongoing access to their criminal history can significantly impact their lives even after they have served their sentences, making it difficult to fully move forward.
How a Criminal Defense Attorney Can Help
Federal law is complicated, and dealing with a federal conviction is not something you should attempt on your own. The legal standards are strict, and the options for relief are limited. An experienced criminal defense attorney is crucial because they know how to navigate these complexities and can identify any potential remedies that might apply to your case.
An attorney can help by reviewing your case in detail to determine if any post-conviction relief options, like a presidential pardon or record sealing, are available. They can guide you through the application processes, prepare necessary documents, and represent your interests in any legal proceedings. If expungement isn’t possible, an attorney might explore alternative strategies, such as seeking a sentence reduction or other forms of clemency. Their expertise can make a significant difference in the outcome of your case.
Guiding You Through Federal Conviction Challenges
Dealing with a federal conviction can feel overwhelming, especially given the limited options for expungement or record relief. While California offers pathways to expunging state convictions, federal crimes are governed by stricter rules, often leaving those convicted with fewer opportunities to clear their records. However, this doesn’t mean all hope is lost. With the right legal guidance, you may still explore alternative options like seeking a presidential pardon or other forms of post-conviction relief.
Attorney Arash Hashemi, with over 20 years of experience in criminal defense, is committed to helping clients understand their rights and navigate the complexities of federal law. We will thoroughly review your case, identify any potential avenues for relief, and guide you through each step of the process. Whether it’s applying for a pardon, exploring record sealing, or seeking other forms of clemency, we are here to provide the experienced legal support you need.
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Phone: (310) 448-1529
Email: Contact@hashemilaw.com
Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.
Our office is located in the Westside Towers in Los Angeles, close to Santa Monica, Beverly Hills, and Westwood. We offer flexible hours and weekend appointments to accommodate your needs. If you are facing the challenges of a federal conviction, contact us today to discuss your case and explore your legal options.
