When is a person eligible to have his federal criminal record expunged?
Full Question:
What federal crimes can be expunged, or, in other words, when is a person eligible to have his federal criminal record expunged?
01/31/2007 |
Category: Criminal ยป Expungement ... |
State: ALL |
#1126
Answer:
Federal courts hold that the judiciary has the inherent power to order the
expunction of criminal records of persons who have been convicted of an
offense under certain circumstances, such as when a constitutional right of
the arrestee outweighs the public's interest in retaining the disputed records.
However, these courts recognize that this inherent power to expunge is a
narrow one which should not be routinely used whenever a criminal
prosecution ends in acquittal, but should be reserved for the unusual or
extreme case. Where the court has inherent authority to order
expungement, the decision to grant expungement is discretionary with the
court.