Can I Expunge a Federal Felony and Get Rights Restored?
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.
Please see:
http://www.justice.gov/pardon/pardon_instructions.htm
http://www.justice.gov/pardon/clemency.htm
http://www.alanellis.com/CM/Publications/federal-felony-conviction.asp
http://www.sentencingproject.org/doc/File/Collateral%20Consequences/California.pdf
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=04001-05000&file=4852.01-4852.21\
Please see the following federal statute:
§ 1.2 Eligibility for filing petition for pardon.
No petition for pardon should be filed until the expiration of a waiting period of at least five years after the date of the release of the petitioner from confinement or, in case no prison sentence was imposed, until the expiration of a period of at least five years after the date of the conviction of the petitioner. Generally, no petition should be submitted by a person who is on probation, parole, or supervised release.
