Non-Disclosure and/or Expungement of Federal Criminal Records– Eligibility

UPDATED: Jul 15, 2023Fact Checked

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption

Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

UPDATED: Jul 15, 2023

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

UPDATED: Jul 15, 2023Fact Checked

The disposition of your case (a.k.a. – your conviction) may be sealed or expunged if you have been put on pre-judgment probation for certain drug offenses.

Sealing your record of disposition – If you are charged with a simple possession offense as described in section 404 of the Controlled Substances Act, and:

  1. You have no prior convictions of any other state or federal law relating to controlled substances;
  2. You have no prior history before the court for this present charge, and
  3. You agree to plead guilty to the offense charged, then: the court may place you on probation for up to 1 year without entering a judgment of conviction.

At any time before the end of your probation, if you have not violated a condition of your probation, the court may dismiss the proceedings against you and discharge you from probation without ever actually entering in your conviction. Similarly, at the end of your probationary term, if you have not violated a condition of your probation, the court shall, without entering a judgment of conviction, dismiss the proceedings against you. If you do not successfully complete your probation, the court will go forward with sentencing since you will have already pleaded guilty to the offense.

Once you complete your probation, the record of your conviction will be sealed (made non-public) by the court. In other words, your case will be shown as dismissed so it will not be considered a conviction. However, a non-public record of your conviction will be kept by the Department of Justice solely to determine your eligibility for expungement if you go to court again.

Expunging your record of disposition – If you were charged with simple possession, but you were under 21 years old at the time, then you can petition for an expungement order. The Attorney General will dismiss the proceedings against you after 3 years have passed, as long as:

  1. You never received a civil penalty for the crime;
  2. You have paid the penalty;
  3. You have complied with any conditions imposed by the Attorney General;
  4. You have not been convicted of any federal or state offense relating to a controlled substance; and
  5. You agree to submit to a drug test, and the test is negative (meaning that you are drug free).

If the case against you was based on a law that has been found to be unconstitutional, or if a judge finds that the conviction was the result of government misconduct, the Attorney General will immediately expunge your record of conviction.

Once an expungement is granted, all official records (except those kept by the Department of Justice as explained above), all references to your arrest for the offense, and the results of any criminal proceedings against you be expunged, that is, destroyed. If then asked, you can then lawfully deny that you have ever been arrested for and/or convicted of the offense.

For more information, visit the following topics:

Federal Expunging of Criminal Records: An Overview: snapshots the type of relief for getting an expungement of a federal conviction.

Process: discusses the federal application procedure and process.

Hiring an Attorney: discusses the reasons it makes sense to hire an attorney with knowledge and experience in expunging federal criminal records rather than representing yourself.

Case Studies: Non-Disclosure and Expungement of Federal Criminal Records

Case Study 1: Successful Sealing of a Drug Possession Conviction

Sarah was charged with simple possession of a controlled substance under federal law. She pleaded guilty and was put on pre-judgment probation. Throughout her probationary period, Sarah complied with all the conditions and did not violate any terms. As a result, the court dismissed the proceedings against her and discharged her from probation without entering a conviction.

Once Sarah successfully completed her probation, the court sealed the record of her conviction, making it non-public. Although a non-public record was kept by the Department of Justice for expungement eligibility purposes, Sarah’s case no longer appeared as a conviction.

Case Study 2: Expungement for a Juvenile Offender

John, who was under 18 years old at the time, was charged with a federal drug offense. After three years had passed since the conclusion of the proceedings, John petitioned for an expungement order. The court found that the offense he was charged with had been deemed unconstitutional.

Consequently, the Attorney General immediately expunged John’s record of conviction. All official records, references to his arrest, and the results of any criminal proceedings related to the offense were destroyed. John could lawfully deny having been arrested or convicted of the offense if asked.

Case Study 3: Expungement Based on Government Misconduct

Alex was charged with simple possession of a controlled substance under federal law. During the trial, it was revealed that the conviction resulted from government misconduct.

The judge determined that the case had been mishandled and unjustly prosecuted. As a result, the Attorney General granted an expungement, and all official records, references to the arrest, and the results of the criminal proceedings were expunged. Alex could legally deny any knowledge of the arrest or conviction.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption

Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption