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I have a federal conviction. It's 1 count of conspiracy to…

Hello, I have a...

Hello, I have a federal conviction. It's 1 count of conspiracy to accept/receive a gratuity by a public official.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Florida southern district. I also served 4 months in prison

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm currently on probation. I have almost reached the half way point, and will have that terminated. Also I did not have any restitution

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Answered in 1 minute by:
7/9/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,549
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I'm reviewing your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 10 months ago
I have a federal conviction 1 charge. Conspiracy to accept/receive a gratuity by a public official.
Served 4 months in prison and handed a 3 year probation. I'm on my 16 month of probation and will file a motion to have it terminated at the halfway point which will be in September.
I wanted to know if the second chance act applies to me? Or anyway that could be expunged.

There is no provision in Federal law for expungement, apart from that enacted as part of the Federal First Offender Act, whereby a defendant who is under 21 and charged with a Federal misdemeanor can enter into a Federal diversion program. After he successfully completes his program successfully, his case is expunged.

Your offense is not expungeable, and, unfortunately, I don't see that the Second Chance Act applies to you either with regard to removing this from your record.

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Customer reply replied 10 months ago
Thank you for your quick response. I knew that but I'm just trying to see if there was anything beyond that

Some Federal circuits allow for an equitable expungement. That is, a judge has the power to grant an expungement under principles of Equity, even though the law itself doesn't allow for it. Your matter is in the Eleventh Circuit, however, where they have decided that the court does not have the jurisdiction to grant an expungement, except in the case of an unlawful prosecution.

That means, unfortunately, that the only remedy open to you to lessen the effect of a Federal conviction would be to apply for a pardon from the President.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 3, 4, or (hopefully) 5 stars on the rating scale, as that is the only way that JustAnswer gives us Experts credit for our work. You would still be able to post further follow ups on this question thread about this for no additional cost, even after I've been rated.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,549
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,549
30,549 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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