Criminal Law Questions? Ask a Criminal Lawyer.
IF the client did not violate the probation, then there is no conviction on record for public view. The records are only available for court matters. There is no expungement process that needs to taken. Once released from successful probation, there is no conviction, etc.
Is there a motion that needs to be filed so that the client records are not displayed in the Federal website "Pacer" which is the program that the Federal District Courts uses to document all litigation matters, including Criminal matters. Or that the records are retained in a non public system only?
Yes, you will need to Apply for Expungement as USC 3607 only applies for automatic expungement for someone under age 21 and I see now where you state your client was over 21
You will need to follow the procedures under 28 C.F.R. 76.41.
TITLE 28 - JUDICIAL ADMINISTRATIONCHAPTER I - DEPARTMENT OF JUSTICEPART 76 - RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES76.41 - Expungement of records. (a) The Attorney General shall expunge all official Department records created pursuant to this part upon application of a respondent at any time after the expiration of three (3) years from the date of the final order of assessment if: (1) The respondent has not previously been assessed a civil penalty under this section; (2) The respondent has paid the penalty; (3) The respondent has complied with any conditions imposed by the Attorney General; (4) The respondent has not been convicted of a federal or state offense relating to a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802); and (5) The respondent agrees to submit to a drug test, and such test shows the individual to be drug free. (b) A non-public record of a disposition under this part shall be retained by the Department solely for the purpose of determining in any subsequent proceeding whether the person qualifies for a civil penalty or expungement under this part. (c) If a record is expunged under this part, the individual for whom such an expungement was made shall not be held guilty of perjury, false swearing, or making a false statement by reason of his failure to recite or acknowledge a proceeding under this part or the results thereof in response to an inquiry made of him for any purpose.
Thanks for your answer. It was very helpful. Should I need more after I do more research for this procedure. I would like to be able to communicate with you and of course compensate you for your time. How can I do this. Thanks again and God Bless.
You're welcome. You may place my name,Customer in the header. If I am online, I will assist you. Thank you and best to you.
I see that 21 USC 844a pertains to civil penalties. Is this section 844a (j) Expungement procedures applicable to a criminal matter under 844? And it has not been 3 years also, but will it be available for him?
Yes. This is applicable for USC 3607 because there is no conviction. But he needs to wait the three years. If there was a conviction and he was not sentenced under USC 3607, he would need to apply for a Presidential Pardon. But since there is no conviction, you will need to Petition to have the records from PACER
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