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Expungement for a federal felony conviction?

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What is the name of your state? California

Someone I know was arrested and convicted of illegal alien smuggling back in 2000.
He served his time (18 months) in a federal prison.
Now in 2007, he wants to know if his record can be expunged.

For anyone experienced in this area of the law, can his record be expunged?

Thank you,
Ken

P.S. - I believe the applicable law used to prosecute was:

TITLE 8--ALIENS AND NATIONALITY

CHAPTER 12--IMMIGRATION AND NATIONALITY

SUBCHAPTER II--IMMIGRATION

Part VIII--General Penalty Provisions

Sec. 1324. Bringing in and harboring certain aliens


(a) Criminal penalties

(1)(A) Any person who--
(i) knowing that a person is an alien, brings to or attempts to
bring to the United States in any manner whatsoever such person at a
place other than a designated port of entry or place other than as
designated by the Commissioner, regardless of whether such alien has
received prior official authorization to come to, enter, or reside
in the United States and regardless of any future official action
which may be taken with respect to such alien;

and

shall be punished as provided in subparagraph (B).
(B) A person who violates subparagraph (A) shall, for each alien in
respect to whom such a violation occurs--
(i) in the case of a violation of subparagraph (A)(i) or (v)(I)
or in the case of a violation of subparagraph (A)(ii), (iii), or
(iv) in which the offense was done for the purpose of commercial
advantage or private financial gain, be fined under title 18,
imprisoned not more than 10 years, or both;
 


CdwJava

Senior Member
I believe he would have to apply for a pardon from the US DOJ.

§ 1.2 Eligibility for filing petition for pardon.

No petition for pardon should be filed until the expiration of a waiting period of at least five years after the date of the release of the petitioner from confinement or, in case no prison sentence was imposed, until the expiration of a period of at least five years after the date of the conviction of the petitioner. Generally, no petition should be submitted by a person who is on probation, parole, or supervised release.

This site has more info:

http://www.usdoj.gov/pardon/clemency.htm

ANd, here:

http://www.usdoj.gov/pardon/pardon_instructions.htm

- Carl
 
Thank you. I also reposted in the pardons/plea bargains, etc...section.

Yes he is a U.S.citizen, and has been a model citizen since release.

ken
 

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