What can I do to have my record expunged or corrected since the charges are incorrect?
Full Question:
Answer:
There is no federal expungement statute, except in limited circumstances of minor drug possession cases for first offenders under 21 years old. A presidential pardon or executive clemency can restore rights, such as voting, but does not erase records.
It is possible to correct mistakes that are a result of clerical errors through a motion to correct under Federal Rule of Criminal Procedure 36. The following is the rule:
Rule 36. Clerical Error
After giving any notice it considers appropriate, the court may at any time correct a clerical error in a judgment, order, or other part of the record, or correct an error in the record arising from oversight or omission.
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