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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24930
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have a federal misdemeanor ( transporting an alien ) I was

Customer Question

I have a federal misdemeanor ( transporting an alien ) I was given 2 year probation and 50 hours community service. I was told by my Counselor that I might get out of probation in a year instead of two. I will be meeting my probation officer this week and we will talk about it. I don't have any other criminal record at all can I file an expungment? Can I apply for CPS Child protective services having this federal misdemeanor? I have a bachelors and a masters degree in education administraton. Would it help if I get a letter from an attorney where he can explain my federal misdemeanor? What I'm trying to do is that with this letter this agency know about my misdemeanor is not for domestic violence, drugs, DWI or for dishonesty
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 years ago.
Hello,

My name is Fran and I am a criminal lawyer who will be assisting you with this question.

I don't have good news for you. With the exception of those defendants under 21 who successfully completed the Federal drug diversion program, the Federal government has no provisions in the law for an expungement, whether your offense was a misdemeanor or a felony or whether your offense involved probation or incarceration.

The only provision in Federal law to minimize the effect of a Federal conviction is for you to apply to the President of the United States for a pardon. You would need to apply to the Office of the Pardon Attorney within the US Department of Justice. Pardons are free and they do not require that you hire a lawyer to apply for one. You can read more about this and get the application at the Office of the Pardon Attorney's website here.

The Fifth Circuit recognizes the principle of equitable expungement under very narrow circumstances. An equitable expungement is one where the judge would agree to have the records expunged, even if there is no provision in Federal law to allow for it. However, a petition to the judge to expunge under principles of equity is a very long longshot. What you would need to do is to find a Federal lawyer who believes that he can mount a compelling argument to expunge your offense in the interest of justice and which would allow you to get this matter off of your record.
Customer: replied 3 years ago.
Can I apply for CPS Child protective services having this federal misdemeanor? I have a bachelors and a masters degree in education administraton. Would it help if I get a letter from an attorney where he can explain my federal misdemeanor? What I'm trying to do is that with this letter this agency know about my misdemeanor is not for domestic violence, drugs, DWI or for dishonesty. I understand there can't be discrimination but base on this misdemeanor can I still be hired?
Expert:  Zoey_ JD replied 3 years ago.
Hi,

A misdemeanor of this sort would not be an automatic bar to your being able to land a job with CPS. It's going to be up to the discretion of the hiring authority, who decides things like this on a case by case basis.