Full question:
Can a record be expunged if the charges on the record are not accurately stated? This is causing conflict with me pursuing a better job offer. I was charged in Manchester, TN (federal offense) but now reside in Alabama. I was sentenced out of the Southern district of TN. I am in need of a correction or expungement due to an error in the statement. This error is causing me an issue with a job I am pursuing. Is this possible to correct?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Alabama
Answer:
There is no federal expungement statute, except in limited circumstances of minor drug possession cases for first offenders under 21 years old. A presidential pardon or executive clemency can restore rights, such as voting, but does not erase records.
It is possible to correct mistakes that are a result of clerical errors through a motion to correct under Federal Rule of Criminal Procedure 36. The following is the rule:
Rule 36. Clerical Error
After giving any notice it considers appropriate, the court may at any time correct a clerical error in a judgment, order, or other part of the record, or correct an error in the record arising from oversight or omission.
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