Full question:
Is it possible to expunge a Federal felony in California? Racketeering conviction with 3 year probation, no jail time. What are the procedures? Can one restore the rights to own a weapon?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: California
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.
Please see:
http://www.justice.gov/pardon/pardon_instructions.htm
http://www.justice.gov/pardon/clemency.htm
http://www.alanellis.com/CM/Publications/federal-felony-conviction.asp
http://www.sentencingproject.org/doc/File/Collateral%20Consequences/California.pdf
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=04001-05000&file=4852.01-4852.21\
Please see the following federal statute:
§ 1.2 Eligibility for filing petition for pardon.
No petition for pardon should be filed until the expiration of a waiting period of at least five years after the date of the release of the petitioner from confinement or, in case no prison sentence was imposed, until the expiration of a period of at least five years after the date of the conviction of the petitioner. Generally, no petition should be submitted by a person who is on probation, parole, or supervised release.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
