These answers are general information with sources, not legal advice. Laws and bills change, and courts in different circuits can reach different results. A licensed attorney can advise on a specific record.
Is there a federal expungement process?
There is no general one. The Congressional Research Service (CRS) reports that federal law has no clear general authority to expunge records of people who were lawfully arrested or convicted. Expungement is available in a few situations, including inaccurate records under the Privacy Act, records from invalid or unconstitutional proceedings, and specific statutes (CRS Legal Sidebar LSB10413, 2020). See What Is Federal Expungement?.
Can a federal conviction be expunged?
Only in narrow cases. Where Congress has not authorized expungement, federal appellate courts disagree on whether a court can order it on equitable grounds. CRS reports that eight circuits have held they lack jurisdiction, while the Fourth, Fifth, and D.C. Circuits allow it only in exceptional circumstances (CRS). The rule depends on the circuit, so ask an attorney licensed there.
What can be expunged under federal law?
Two statutes address simple drug possession. 18 U.S.C. 3607 covers people under 21 who received pre-judgment probation for simple possession of a controlled substance, and 21 U.S.C. 844a provides a similar remedy for civil penalties. The Justice Department’s rule on the civil-penalty remedy is 28 CFR 76.41.
How do I apply for federal expungement, and is there a form?
Because there is no general federal process, there is no general application or form. A person with a record that falls under a specific statute, or with a record that is inaccurate, should consult an attorney about the correct court filing or agency request.
What is the difference between a pardon and expungement?
The Justice Department says a pardon does not erase or expunge a conviction. Both the conviction and the pardon appear on the record. A pardon “will facilitate removal of legal disabilities” and “should lessen to some extent the stigma,” but it “does not signify innocence.” The Department also says expungement is a judicial remedy that cannot be granted by the Department or the President (DOJ Office of the Pardon Attorney).
What is the difference between sealing and expungement?
Sealing closes a record to public view while the record still exists. Expungement, as defined in the juvenile provisions of the REDEEM Act, means destroying the record and obliterating the person’s name (S. 827). Laws and bills use the terms differently, so read the text of any specific proposal.
What is the REDEEM Act?
The Record Expungement Designed to Enhance Employment Act of 2017 was introduced by Senators Rand Paul and Cory Booker on April 5, 2017, as S. 827 in the 115th Congress. It would let adults petition to seal records of covered nonviolent federal offenses one year after finishing a sentence, seal certain juvenile records automatically, and provide for expungement of certain juvenile nonviolent offenses (bill text). The Initiative uses it as one template. See Our Position.
Is there a federal expungement bill now?
Bills have been introduced in several Congresses. The Clean Slate Act of 2025 (H.R. 3114) was introduced on April 30, 2025, and referred to the House Judiciary Committee. It proposes automatic sealing for some records and petition-based sealing for covered nonviolent federal convictions. Check congress.gov for the current status of any bill.
Can the federal government see an expunged record?
It can in some cases. Under 18 U.S.C. 3607, the Justice Department keeps a nonpublic record for limited purposes after an expungement (CRS). Expungement also does not reach information that is already public. As one court put it, in CRS’s summary, “Nothing [a] Court can do will unring that bell.” Background check rules for any specific record are a question for an attorney.
Can the Initiative help with my case?
For advice about a specific record, speak with a licensed attorney. To support the Initiative, join the mailing list, share your story, or offer your expertise, and meet the people involved.