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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.
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it was in the western district of texas cr 179 judge h j garcia
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