im tring to get my case expunge because the the district court didnt answer my count one charge ,,just count two i want to know is there a way to have my case over turn by any chance. my name is XXXXX XXXXX my case number XXXXX XXXXX(01) usao number(NNN) NNN-NNNN on my behalf i believe that my case should have been over turn with the 2255 motion
Unfortunately, if you have a federal conviction, the only way you can relieve yourself of the various disabilities that you have incurred as a result of your conviction is by petitioning the president for a pardon. Except with regard to minors who have completed the federal drug diversion program and had their matter dismissed, the federal government does not expunge convictions.To petition 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. In some Federal circuits, you can hire a lawyer and petition the judge who convicted you for what they call an equitable expungement. Sometimes, because there is no law that supports Federal expungement, the conviction creates an injustice that a Federal court can rectify via a petition. Circuits are split as to whether a court really has the power to grant an equitable expungement, several of them saying it can be done and should in the interest of justice when it's called for, and others saying that there is no constitutional authority for an equitable expungement. If you tell me the what Federal district your case was in, I can tell you if that's a possibility for you.
Use the reply tab to respond.
it was in the western district of texas cr 179 judge h j garcia
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).