A criminal conviction can cast a pall over you, complicating your future in Winston-Salem by making it difficult for you to get a job, secure housing and even exercise certain rights. An expungement might provide you with some post-conviction relief. You know that states often extend such a benefit under certain conditions; does the same hold true for federal crimes.
As many of those that we here at The Law Offices of J. Darren Byers, P.A. have worked with in the past can attest to, you can have your federal criminal record expunged. Yet as is the case with state expungement, formal federal post-conviction relief is only available in particular scenarios.
Relying on federal court rulings
The Restoration of Rights Project points out that there is no federal statute regulating expungement. Instead, the individual federal court having jurisdiction over your case determines whether you should have your record expunged. Typically, such a benefit is only made available on a wide scale if you can reasonably question the validity of your conviction or show that it was due to a clerical error. Relief might also be available if you petition for it and federal prosecutors raise no objection to your request.
Federal relief for drug-related offenses
If your conviction stemmed from a drug-related offense, you may qualify for relief under the Federal First Offender Act. To be eligible, the alleged offense has to have been your first and you cannot be subject to any other criminal matter while awaiting relief (it is also only available if you are under the age of 21). If you qualify, the court may place you on probation before entering a judgment against you. The record of your offense is then dismissed upon your completion of the mandates required by your probation.
You can learn more about federal post-conviction relief by continuing to explore our site.
