Having a federal conviction on your record can make life a lot harder. Job applications, housing opportunities, loan approvals, and even travel can all be affected. It’s no surprise that many people want to know if there’s a way to clear that record and move forward.
The question we often hear is: Can a federal conviction be expunged? The answer isn’t always simple, but we’ll help you understand what’s possible.
What Is Expungement?
Expungement is the legal process of erasing or sealing a criminal record. In theory, it allows a person to move on without the burden of past charges showing up in background checks.
Every state has its own rules about expungement. Some offer broad opportunities for clearing old offenses. Michigan, for instance, allows many types of state convictions to be set aside after a certain period of time. However, federal records are a different matter altogether.
Can Federal Criminal Records Be Expunged?
In most cases, federal law does not allow for expungement. There is no comprehensive statute that gives federal courts the power to clear or seal records after a conviction. That means that even old, nonviolent offenses may remain on your record for life.
There are, however, a few very narrow exceptions:
- First-time drug possession offenses under age 21: Under 18 U.S.C. § 3607, some young defendants who complete probation may qualify for expungement of the record.
- Arrests based on unlawful or unconstitutional process: In rare situations, a federal court may expunge an arrest that was clearly improper or based on a constitutional violation.
- Clerical errors or administrative mistakes: If the record itself is inaccurate or was entered by mistake, a correction may be possible.
But for the vast majority of people with federal convictions, expungement isn’t an option under current law. That doesn’t mean there’s nothing you can do.
Alternative Options to Expungement
If expungement isn’t on the table, you may still have other legal paths to consider. Depending on your situation, we may help you pursue:
- A presidential pardon: While rare and difficult to obtain, a pardon from the President can offer relief by restoring certain rights and removing some of the stigma.
- Appeals: In some cases, we can challenge a conviction or sentence through the appellate process.
- Post-conviction relief: If there were errors in your trial or constitutional violations, you may be able to file for vacatur or sentence modification.
- Sealing of juvenile records: If your federal case was handled in juvenile court, sealing may be available under limited conditions.
Each of these options comes with its own rules, timelines, and procedures. We’ll take the time to assess your history and identify whether any of them make sense in your case.
Why This Is a Complex Process
Expunging a federal criminal record isn’t just difficult—it’s nearly impossible in many cases. Unlike state systems, the federal courts don’t have broad authority to wipe the slate clean. Judges often need a specific legal basis before they can even consider a request.
That’s why it’s important to work with a defense team that understands the federal system. We know what judges are willing to consider, and we won’t waste your time with false promises. If you do have a shot at relief, we’ll give you straight answers and walk you through what to expect.
What You Can Do Now
Even if federal expungement isn’t available to you, there may still be meaningful steps you can take. In some situations, we’ve helped clients reduce the impact of their convictions by correcting errors in their records, seeking clemency, or filing legal motions that improve their standing.
The first step is understanding what’s on your record and what, if anything, can be done. We’ll review the details and give you a clear picture of what paths may be available to you.
Let’s Talk About Your Options
You don’t have to figure this out alone. At Federal Criminal Attorneys of Michigan, we help people across the state deal with the lasting effects of federal charges.
We’ll review your record and explain what’s possible based on your unique circumstances. If there’s a legal remedy worth pursuing, we’ll help you make it happen. If not, we’ll still offer honest guidance on how to move forward. Reach out today to schedule a confidential consultation.
