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Expungement of Criminal Records in Federal Courts

BY Steven F. Reich
September 29, 2009

You've just been through a long trial that was financially ruinous for your client, who was acquitted of fraud charges by a federal jury that was as unimpressed by the government's case as you were. Your client asks whether his arrest records can be sealed, and you say you'll have to look into it. This article examines the little-known and infrequently granted remedy of expungement in federal courts.

What Is Expungement?

Expungement is an order to return, seal or destroy a publicly maintained record. Courts appear to use the terms “expunge” and “seal” interchangeably. Whatever term is used, courts plainly have the power to expunge their own records in appropriate circumstances. What is less clear are the circumstances, if any, under which a court may order expungement of executive-branch records, such as those maintained by the FBI.

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