If I was convicted of illegal use of a federal communication device 42 years ago, can my federal felony be expunged?

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If I was convicted of illegal use of a federal communication device 42 years ago, can my federal felony be expunged?

Asked on January 15, 2016 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Federal convictions cannot be expunged. However, you can apply for a Presidential Pardon which is available to any person convicted of a felony in federal court as long as the following eligibility requirements are met (with some exceptions):
1. The person is no longer serving their sentence and is not under parole, probation or supervised release;
2. At least 5 years have passed since release from confinement or if none was imposed, 5 years from the date of conviction; and
3. A waiting period of at least 7 years is required for more serious offenses (convictions for narcotic, income tax evasion, perjury, violent crimes, gun control laws, organized crime and other crimes of a severe nature).
At this point, you can consult directly with a criminal law attorney to assist you with all of this.


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