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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23210
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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This is a follow-up question: Can a person, who resides

Customer Question

This is a follow-up question:
Can a person, who resides outside-of-USA, give power of attorney
letter to a lawyer in USA to conduct an expungement of criminal felony
record in USA? Let's assume the person can't be
physically be in USA, even if he wants to.
So the lawyer is in USA, but the convicted felon is overseas.
Expungement is meant to clean/eliminate his past felony record
on the charge of violating u.s.c 333(a)(2) of misbranding prescription
drugs (u.s.c 333(k) ).
Where he was convicted in buying insulin from internet, then
reselling the insulin on the internet.
The seller was under impression that buying and reselling
insulin was completely legal because so many people are
offering insulin for sale on the Internet billboards.The sentence did not carry prison/jail time, but did entail
a fine, and some probation. It was considered a federal
offense, a felony.
That person is mainly interested in ability to visit foreign
countries for visits, business visitations, and work.
Due to Globalization, there would be strong need to
travel overseas to find work, and conduct work.please advise.For more details, please read the explanation listed below
from a different question asked.
========================================If a person who was charged with federal offense USC 333(a)(2) due to selling insulin (which is prescription drugs in USA, but freely available over-the-counter in many countries), will a felony criminal conviction disables him to visit other countries (especially Asian countries)? if yes, thenwhich countries? Can that person get expungement of their USA felony record while being outside USA (ex: via power of attorney) ? USA code 333(a)(2) is wide ranging, so first offense offenders rarely spends time in jail.
JA: Thanks. Can you give me any more details about your issue?
Customer: A person was caught selling insulin by FDA, where he resells insulin from people who have excess insulin then sells them to people who needs insulin in USA. That person went to Federal Court, and was handed down judgement to be at fault in buying/selling insulin on violating u.s.c 333(a)(2) which carries no jail time, but did spent time on probation. Although it doesn't carry jail time, it was considered a federal felony, since it is a very low-level offense. Can that person still visit other countries for vacation? or for work? Can that person visit Canada, for example ? How about Australia? or what other countries for work / visits? This is important, because due to globalization, more opportunities are available outside of USA.
JA: OK got it. Last thing — Lawyers generally expect a deposit of about $36 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 months ago.
Hello, A lawyer would be capable of handling an expungement for his client without that client having to appear. That's not the difficulty with your situation, however. With the exception of those minors who successfully complete a Federal drug diversion program, there is no provision in Federal law allowing for an expungement of a Federal conviction. To remove the disability caused by your conviction, you'd have to obtain a pardon from the President of the United States. You would apply for that from the Office of the Pardon attorney in the Department of Justice. That office screens applicants for the President. You can see more information about that here. Pardons are free to apply for. The forms are available on the web for download. No lawyer is necessary for a pardon application.