What types of federal expungement are available, and how could they help me?
Convictions for federal offenses (violations of U.S. law) often have consequences beyond California. Federal convictions cause you to lose your eligibility for government-assisted housing,[3238] federal student loans,[3239] and participating in foster care or adoption programs,[3240] so getting them expunged can benefit you in (re)applying to these programs.
Federal expungement & dismissal:
A federal expungement is different than an expungement under California law. Federal law allows for complete expungement of your conviction. The entire record of your conviction is completely erased along with any information associated with it. The offense is removed from your criminal record as if it never happened. This only applies in very limited situations, but it is a true expungement (see Situation 1). A federal dismissal is more like a California expungement, in that the conviction is NOT completely erased from your record, but it is still hidden from public view (see Situation 2).
Unfortunately, most federal convictions cannot be expunged or dismissed. Unlike in California (and most other states), there is NO general federal law that offers expungements for federal crimes. However, there are a few federal laws that offer expungements and dismissals in certain limited situations.
Here are the limited options that exist for “cleaning up” federal convictions on your record:
- If your federal conviction is for certain drug offenses and you were UNDER 21 when you committed the offense, you may be eligible for a federal expungement. (See Situation 1, below.)
- If your federal conviction is for certain drug offenses and you were OVER 21 when you committed the offense, you may be eligible for a federal dismissal, but not an expungement. (See Situation 2, below).
- It is possible but very difficult to get your conviction expunged by a federal judge (this is called a judicial expungement). (See Situation 3, below).