Can a federal offense be expunged?

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Can a federal offense be expunged?

My wife made the mistake of leaving undelivered mail in the trunk of her car that she was suppossed to deliver as a mail carrier. She was arrested and given a public defender that ended up getting her out of doing any time; she just paid a fine. This was about 25 years ago and the record makes it hard for her to get a good job. Being this was so long ago, is are anyway to get this record removed?

Asked on July 20, 2011 Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What really seems like a simple mistake became a federal offense - literally.  It really sounds awful but the law is the law.  Unfortunately, there is no mechanism for federal expungement, except under certain conditions such as that the conviction was illegal, the statute under which you are convicted is later deemed unconstitutional or the conviction was obtained by government misconduct.  What your wife may be able to obtain is a presidential pardon and she should without a doubt try and do so.  Here is the link to the governmental office that deals with pardons in the department of justice.  Hopefully this will help put you and she back on the right course.  Good luck to her. 

http://www.justice.gov/pardon/


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