Expunge federal arrest record

[macktar]

I've looked around online for this answer for awhile, and even contacted my uncle who is a lawyer (who didn't know the answer, or wanted to get paid); but I was stopped, arrested for simple drug possession (finger printed and told i was under arrest), and let go at a federal check point (not a border crossing but about 3 hours away from one) with no court dates or charges. They never filed charges. Since they got my finger prints, I know that if someone needed my fingerprints (lets say the people who decide if you can practice law or not), they would be able to get records from this incident (or arrest if you may). I wanted to know if expunging a federal arrest that resulted in absolutely nothing was plausible/possible.

 

[Jabberwocky]

Records of an arrest but no conviction or trial are not supposed to be available to any one but law enforcement. Private databases are seldom held accountable for sources used or the data held, unfortunately. Here is what wikipedia says Expungement of criminal records
http://en.wikipedia.org/wiki/Criminal_record#Expungement_of_criminal_records

In the United States, criminal records may be expunged, though laws vary by states. Many types of offenses may be expunged, ranging from parking fines to felonies. In general, once sealed or expunged, all records of an arrest and/or subsequent court case are removed from the public record, and the individual may legally deny or fail to acknowledge ever having been arrested for or charged with any crime which has been expunged. However, when applying for a state professional license or job that is considered a public office (e.g. security guard), you must confess that you have an expunged conviction or else be denied clearance by the DOJ. There is no post-conviction relief available in the Federal system, other than a Presidential Pardon.

I'm not saying that wikipedia or me is right. i think in your situation I'd call either a Federal Public Defender's office or a Congress person's office to try to get a clear answer. Another possibility is a US Attorney's office but prosecutors make me nervous so I'd give the other two a try first.

 

[forgotten]

Records of an arrest but no conviction or trial are not supposed to be available to any one but law enforcement.

That's not true. Adult arrests are public records.

lets say the people who decide if you can practice law or not

If you apply for a state bar license, you will have to disclose that you've had a record expunged, as a record of such will be available to them.

 

[Johnny1]

You won't be denied a license to practice law for an arrest where there was no conviction.

 

[The Is]

you just go to the court wait in line and pay 60 bucks (in illinois)

Of course it had to be from before you were an adult

 

[forgotten]

A license will be denied if the applicant fails to disclose the arrest.

 

[Missykins]

A license will be denied if the applicant fails to disclose the arrest.

That has not been my experience for my professional license: convictions or pending charges for misdemeanors or felonies only.

 

[Johnny1]

I seem to remember that the California bar asked me to disclose all arrests, and even all traffic citations. But I'd be very surprised if they denied a license to practice law where there was an arrest but no conviction, even if the applicant failed to disclose that arrest as required by the application, because every lawyer knows that an arrest with no conviction is legally meaningless.

Nevertheless, the safe and smart course of action is to disclose the arrest if the application requires it. As charges were never filed, you can state your side of the story any way you want, so long as nothing you say conflicts with what the arresting officers wrote in their report (and even if your story does conflict, who is to say who's right? It was never determined.)

 

[forgotten]

An applicant will never be denied based on an arrest without a conviction, but an applicant will be denied if they are dishonest. Of course, my experience is with The Florida Bar, and according to FS 943.0585(4)(a)4, it is a crime not to disclose an expunged record. It's always a good idea to be honest when applying for a license to practice law.