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"Justice is not free, but freedom comes from Justice"

By Erica M. Brooks

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Sunday, April 4, 2010

Federal Record Expungement Process By Brenda Christian, eHow Contributing Writer

1. Applications for expungement of a federal criminal record must be processed through the Office of the Pardon Attorney of the United States government. Expungements of federal records are pardons or executive clemency. Recommendations are presented to the president of the United States, who may then issue a pardon. There are limits to this in that records may still be accessed if an individual is applying for federal employment. If the offense is military, clemency must be approved from the branch where the conviction exists before a pardon can be requested from the president.
Application
2. There is a five-year waiting period after release from prison or from the conviction date if not incarcerated. On usdoj.gov, applications to begin the process are available for download. Prisoners at federal facilities may obtain forms from the institution's warden. Applicants must state why they are seeking a pardon, how their current record is hindering their life and how a pardon will help them achieve a particular goal. Loss of civil liberties is a common pleading. These may include the applicant's right to vote, hold public office, own a firearm, drive a car or enjoy gainful employment. Applicable documentation needs to be attached to back up any statement or fact. Three character references will be needed in the form of affidavits. Letters of reference are also accepted if they have the correct information contained within. Blood relatives or relatives by marriage cannot be used as character references. All credit delinquencies, bankruptcies and civil lawsuits must be listed, as well as unpaid taxes.
Review
3. Once a completed application is received, the attorney general may gather information from all available sources including the FBI and any victim who may have been affected to determine the merits of the request. The violent nature of the crime or past crimes or the amount of money involved may affect the outcome of the pardon request. Also reviewed are any prison progress reports or rehabilitation records, the petitioner's remorse for the crime and his intent to improve upon his life. The sentencing judge may also be interviewed.
Decision
4. Once the application and all applicable documentation, records and references have been reviewed, the Office of the Pardon Attorney will send its recommendation to the president, who has the option to approve or deny the request. The attorney general is notified of the status of the petition, the petitioner is notified and the case is closed.

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