Full question:
I have 2 questions: First question: I was convicted in Federal prison for 5 months for aiding and assisting in the preparation of false tax returns, aiding and abetting? What is the steps to expunge my criminal record and how long that take? Second question: I would like to apply for citizenship, what is the limitation to apply and how long can I wait to apply?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Maryland
Answer:
Due to the low cost of this service and the time involved in researching, the charge only covers a single question. Please feel free to submit the second question as a separate question. The answer to the second question will depend on all the facts involved, such as your current status and what basis you are applying for citizenship on.
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.
A full pardon restores certain citizenship rights forfeited by law as the result of a criminal conviction, such as the right to serve on a jury, the right to hold public office, and the right to serve as Executor or Administrator of an estate. As a general matter, in clemency cases the correctness of the underlying conviction is assumed, and the question of guilt or innocence is not generally at issue. However, if a petitioner refuses to accept guilt, minimizes culpability, or raises a claim of innocence or miscarriage of justice, the United States Attorney should address these issues.
For further information, please see:
http://www.justice.gov/pardon/pardon_instructions.htm
http://www.uscis.gov/portal/site/uscis
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.
