How to Expunge Federal Crime Charge in CA

Having a criminal record can lead to all sorts of problems. Even if that crime is in the past already, it can still affect their professional and personal life later.

Whether it's arrest records or a criminal charge, select individuals have access to that information, and they can use it against the person. This may result in fewer housing opportunities, a lack of job options, and more.

It's also important to talk about the social aspect of this issue. When someone has a criminal conviction on their record, some people may think negatively of them, even if they successfully completed probation and any other rehabilitation program available.

In some cases, it may be possible to start a legal process to get the record expunged. Those who meet certain criteria may leave that criminal or felony conviction behind for good. What happens with federal charges, though?

Unfortunately, federal charges aren't easy to expunge. Things get worse if there was a conviction.

However, that doesn't mean that there are no options left. This page covers how to expunge federal crime charge in CA, including a few options worth considering.

Understanding How California Law Works for Expungements

An expungement, in a nutshell, is a legal process. It helps people remove charges or convictions from their criminal record. When this happens, the general public can't access this information (with the exception of certain law enforcement agencies).

Whether a conviction occurred or not, it may be possible for someone to expunge their criminal offense if it happened at the state level. As we mentioned in the introduction, however, the process may be slightly more complicated if the offense happened at the federal level.

In California, people can expunge their record through the Penal Code 1203.4 PC, which removes "all penalties and disabilities" related to their conviction.

It's important to note that an expungement doesn't completely "erase" a person's conviction from their record. Instead, it adjusts the record to show that the conviction was dismissed.

Is It Possible to Expunge a Federal Crime Charge in California?

As the name implies, a federal charge happens when someone commits a crime that violates federal law.

Some of the crimes that fall into this category include:

• Fraud

• Drug offenses

• Immigration offenses

• Money laundering

• Kidnapping

• Child pornography

• Identity theft

• Computer crimes

• Bank robbery

These crimes are tried in the federal court system, so the process isn't 100% the same compared to state offenses.

Is it possible to expunge a federal crime charge in California? Not exactly. Expunging a federal charge is reserved for exceptional circumstances, and even then, it's an extremely rare thing to happen.

Most of the time, when someone is convicted of a federal crime, it will permanently remain on their criminal history. Of course, there are a few exceptions worth considering.

What Other Options Are Available?

Expungement is likely off the table; what's next?

There are some alternatives that a person may consider. By hiring our criminal defense attorney, they may have a better plan to move past their charges or convictions.

Here are three alternatives for people wanting to expunge criminal records:

Presidential Pardon

A presidential pardon happens when the President of the United States forgives an individual for their offense. As expected, this is a rare occurrence, as it requires plenty of evidence of rehabilitation and a great reason for it.

Presidential pardons won't remove the federal crime charge from their record. Instead, they can restore some of the person's rights, such as their right to hold public office or vote.

Federal First Offender Act/Youthful Offender Program

These programs allow first-time or young offenders to get special treatment if they meet certain criteria. Depending on the case, completing these programs could result in avoiding a formal conviction record.

The goal of these programs is to help first-time offenders avoid jail time for non-violent drug crimes. Of course, not all offenses apply.

Certificate of Rehabilitation

Some people may get a certificate of rehabilitation after completing community service and other programs. It provides a recognition of the person's rehabilitation efforts.

Such a certificate won't remove the person's crime from their record, but it can be used to demonstrate that they've worked hard to move on from it.

Can Someone Seal Their Criminal Record Instead?

A common alternative for people who can't expunge their record is sealing it. This process restricts public access to a person's criminal record, so it's not available for certain background checks.

However, certain law enforcement agencies and entities will still have access to this information and may use it as they please.

Unfortunately, sealing a federal record isn't easy either. It's only available for those in special circumstances, such as wrongful arrests or dismissed charges without a conviction.

Another thing to note is that there's no broad federal statute that allows people to seal their records, so it's a matter of talking to an attorney and evaluating if this is even an option.

What's the Difference Between a State and Federal Crime?

In some cases, it may not be clear whether someone committed a state or federal crime unless someone tells them. This is why having legal counsel at hand is so important.

Understanding what differentiates state and federal crimes is a huge step to take toward building a great legal plan. Below is an overview of what makes each one unique:

State Crime

These are offenses that violate California's state laws. The category includes a broad range of crimes, such as petty theft or other minor misdemeanors. However, it also involves serious crimes like robbery or homicide.

Each offense involves specific penalties, which are outlined in California's Penal Code. Those involved in the prosecution of these crimes include state and local authorities. Some of the penalties include fines, community service, probation, and jail time.

Those who commit state crimes have more opportunities to expunge their record, as long as they meet the requirements. They may start their expungement process as soon as they complete probation and any other programs related to their conviction.

Those who commit certain offenses may not qualify for an expungement. A sex offender, for example, can't request such a process.

Federal Crime

As mentioned previously, such crimes are those that break federal laws or happen on federal property.

These offenses will include more serious penalties, including long prison sentences and hefty fines.

The federal system doesn't have such a straightforward process to expunge a crime, so it doesn't matter where the offense was made; it will be hard for a person to get rid of their record.

What's the reason for that? Essentially, these crimes are under the jurisdiction of federal courts. California courts don't have the authority to deal with these cases. In these places, expungement isn't generally available. Even if they can go around the issue and get something like a presidential pardon, their record will likely remain intact.

What Are the Benefits of Expungement?

An expungement results in a dismissal. In other words, a California employer (or any other individual) can't discriminate against someone who got their records dismissed. This is great for those looking for a job or housing opportunities. It's also important for avoiding immigration problems.

However, a full expungement isn't available for those charged with a federal offense. What can you do?

Getting one of the expungement alternatives mentioned above comes with a few benefits for people. While the effect may not be the same compared to those who get a true expungement, it may still be worth considering for some.

A presidential pardon, for example, ensures that the person keeps most of their rights intact, helping them move on with their lives. Those who can successfully seal their records, on the other hand, may be able to hide them from the public eye.

Minors who commit non-violent drug crimes may even avoid further legal issues. This is one of the only instances where a person could technically expunge a federal offense from their record.

Should You Talk to a Lawyer?

Handling an arrest, charge, or conviction is hard. California offers quite a few options to those who commit state crimes, but it's a completely different scenario for those who commit federal offenses.

A federal crime is handled by a stricter justice system, meaning there are fewer opportunities for those who want to move on. Handling the entire process without legal help will likely lead to poor consequences.

Hiring an attorney can help people understand their current situation better, so they can explore other options for relief, such as a presidential pardon.

Most of the alternatives mentioned here are complicated to complete, but the process may get easier with the help of a legal professional.

The experts at Goss Law have years of experience in the field. They can help people navigate federal law with ease, ensuring they know what's happening at every moment of their legal process.

How to Expunge a Federal Crime Charge in CA

"Expunging" a federal crime charge isn't always an option, so what should someone do?

The process to apply for any post-conviction relief will depend on the circumstances. Talking to an attorney is the key to ensuring everything goes as smoothly as possible.

Below is a general overview of what people can expect from the average expungement process. However, some steps may change, depending on the circumstances:

Check for Eligibility

The first step is to determine whether the person is eligible for an expungement or another kind of post-conviction relief.

In most cases, hiring a lawyer for this step will be the best option. These experts will consider all facts and evidence related to the case to determine which of the options available suits their client the most.

Get the Necessary Documentation and Pay for Filing Fees

After determining eligibility, it's time to gather as much documentation as possible that shows the person completed probation and any other kind of program related to their offense.

An experienced attorney can help people get and complete the necessary forms to ensure there aren't any mistakes that could slow the process down.

When the person is done completing all forms, they may have to pay fees when filing them.

If this were a state crime, the person would have to serve the petition to the District Attorney of the county/city where they were arrested or on the agency that made the arrest. Later on, they may have to attend a court hearing. The process for federal crimes depends on which alternative the person is seeking.

Those applying for pardons, for example, must apply to the Office of the Pardon Attorney, which is in the Department of Justice.

An attorney can help the person go through the right legal channels to file everything.

Wait for the Results

All that's left is to wait until the agency/individual decides whether to follow through with the "expungement" request.

In a regular expungement case, those who get their petition granted will also get a signed order from a California Superior Court Judge. Such an order documents the dismissal of the conviction.

Again, the process works differently for federal cases, as they're handled by a different justice system. If the person were applying for a presidential pardon, for example, they would have to get their petition approved by the President of the U.S.

The outcome of the case will depend on which option the person went with. In the case of federal charges, however, it's unlikely that the person will get their record expunged unless it's an extremely rare scenario.

Bottom Line

Committing any crime has consequences. Whether the person has to go to county jail or complete community service, such an event can impact their life forever.

When it comes to federal crimes, however, everything gets more complicated. There aren't many options available, but that doesn't mean that all hope is lost. Goss Law can also advise on how to expunge a child endangerment charge in CA.

By hiring a comprehensive attorney, anyone can have a better chance of creating a solid plan that gets them the results they're looking for. If you're someone who's evaluating all the options available, give the team at Goss Law a call.

We have legal experts ready to examine your case and give you a realistic outlook of it. Schedule a free consultation today.