How Philadelphia Federal Criminal Records Can Be Expunged or Sealed

| by Max Soni

Last Updated on: 15th December 2023, 05:39 pm

How Philadelphia Federal Criminal Records Can Be Expunged or Sealed

What is Expungement vs Sealing?

Expungement and sealing are two methods of clearing your criminal record, but they work differently¹:

• Expungement means your arrest and conviction records are destroyed or erased. It’s like your crime never happened.
• Sealing means your criminal records are hidden from public view and most private background checks. The records still exist but are unavailable without a court order.

So expungement offers more complete relief, while sealing limits access to your records.

Federal vs State Laws

There are separate laws for expunging or sealing federal and state criminal records². This article focuses specifically on federal record relief in Philadelphia.
If you have a Pennsylvania state conviction, the expungement process is different. Check out this guide on getting Pennsylvania criminal records expunged.

Eligibility for Federal Expungement in Philadelphia

Unfortunately federal expungement is only available in very limited circumstances.
You may qualify if:

• You were arrested but never charged or convicted
• Your case was dismissed
• You were acquitted after trial
• Your conviction was overturned on appeal

If you meet one of those criteria, you can file a motion with the federal court to get your arrest record expunged.
But if you were convicted and served any sentence, federal expungement is generally not an option.

Seeking a Federal Pardon

If you have a federal conviction on your record but don’t qualify for expungement, you could apply for a presidential pardon instead. This is a long-shot option though³.
A pardon doesn’t erase your conviction, but it forgives your crime. It also restores some civil rights lost with a conviction, like voting and gun ownership.

Eligibility for Federal Record Sealing in Philadelphia

Sealing has more flexible eligibility requirements than expungement. You may qualify to seal your federal arrest or conviction record if:

• You completed pre-trial diversion or intervention program
• You finished probation over a year ago
• You were convicted of a minor offense
• You have demonstrated rehabilitation

But certain serious felonies often can’t be sealed, like violent crimes, sex offenses, and major drug trafficking charges.

How to Get Your Federal Criminal Record in Philadelphia Sealed

If you meet the eligibility rules, follow these key steps:

1. Obtain your federal criminal record from the FBI
2. Review the record for accuracy and completeness
3. Consult with a federal criminal defense lawyer
4. File a “Motion to Seal” in federal court
5. Attend your sealing hearing
6. Serve the required notification period if approved

This process can take 6 months or longer. Having an experienced attorney is extremely helpful, but sealing can be requested without one.

Other Federal Record Relief Options

A few other forms of federal record relief may be available as well:

• Set-aside – Conviction reversed and charges dismissed
• Non-disclosure – Limits public access to records
• Expungement – Records destroyed (in very rare cases)

Talk to a federal criminal lawyer to understand all your options. Laws and policies change frequently.

Benefits of Clearing Your Federal Record

Getting your federal criminal record sealed or expunged in Philadelphia comes with many advantages, like:

• Increased employment opportunities
• Easier access to housing
• Ability to own a gun again
• Improved credit score
• Renewed eligibility for student loans
• Restored voting rights
• Greater peace of mind!

So if your federal case meets the eligibility rules, pursuing record relief can be extremely worthwhile.

Conclusion

Clearing up federal criminal records in Philadelphia involves hurdles, but can better your life.
If you have a federal conviction or arrest record and want to improve your situation, consult with an attorney to understand your options. Relief may be possible!
Good luck and don’t get discouraged! Persistence and patience pays off.
References:

1. U.S. Department of Justice. Overview of Expungement vs Sealing [↩︎](#ref1)

2. American Bar Association. Differences in State and Federal Expungement Laws. [↩︎](#ref2)

3. Restoration of Rights Project. Low Percentage of Pardons Granted. [↩︎](#ref3)