Criminal Law Questions? Ask a Criminal Lawyer.
Good evening, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship.
Were you granted the expungement? Also, what was the crime you were originally convicted of? (Certain crimes carry different penalties). Thanks.
I'm sorry to hear that the expungement was denied, unfortunately for a federal fraud charge there isn't much recourse except for being granted an expungment or the sealing of your record. Federal court judges have the ability to expunge or seal your criminal record, however the district courts are "split" on whether federal judges should exercise this power. So unfortunately if your expungement was denied, then it sounds like you're charge occurred in a jurisdiction where judges feel they should not exercise this discretion.
I'm sorry to not have better news for you today, if it's any consolation you should know that there are attorneys that are advocating to get these laws adjusted currently.
I hope this information helps, even if it may not be the best news you were looking for. Please take a moment to rate my response using the stars at the top of this page, as it's the only way JustAnswer compensates me for my time, even though you may have paid a deposit to the site. I know it may not have been the answers you wanted, but the best I can do is provide you with an accurate representation of the law. You can still ask me follow-up questions after you rate me. Thanks!
Here are the specific expedite request instructions issued by USCIS:
"To request expedited processing of an application for a Reentry Permit, a Refugee Travel Document, or an Advance Parole Document for an individual outside the United States, other than under one of the Family Reunification Parole policies, type or print the word EXPEDITE in the top right corner of the application in black ink. USCIS recommends that you provide e-mail addresses and a fax number with any expedite request for a Reentry Permit, Refugee Travel Document, or Advance Parole Document. Include a written explanation of the reason for the request to expedite with any supporting evidence available. The burden is on the applicant to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:
a. Severe financial loss to company or individual;
b. Extreme emergent situation;
c. Humanitarian situation; or
d. Non-profit status of requesting organization in furtherance of the cultural and social interests of the United States Department of Defense or National Interest Situation."
You could possibly meet the criteria for section a. for severe financial loss, it's definitely worth attempting asking for. Best of luck!