Atlanta, GA asked in Criminal Law, Federal Crimes and White Collar Crime for California

Q: What Federal Statute to use for Motion to Vacate/Expunge Arrest off of My CJIS,DOJ, CORI of an Arrest with No Conviction

18 USC 499, Arrested, No Plea, No Highest Offence Level, Nor Conviction, No Pending Counts. I was released on my own recognisance. I have the PACER Docket 3:92-mj-04824-HRM; Case# 92MJ04824, The Original Case happened in 1992, but was DISMISSED BY ORAL MOTION OF GOVT, ON 11/1/94 By Magistrate Judge X. I have reached out to his Supervising Deputy Clerk XX and have been in contact with her regarding how I should proceed to get this matter resolved she advised me that I need the Appropriate Federal Statute since the alleged incident occurred on a Military Base. and that the Cal. State Penal Code for this is 851.8 would NOT suffice. Please advise if you have any information as to the Federal Statute that can give me relief for Motion to Vacate or Expunge this Arrest off of My CJIS DOJ & CORI as there was No Plea, Nor Offense Nor Conviction and the Case has been Terminated and FINALLY put this matter to rest. Kindest Regards, N.N., USMC Veteran

1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: I DON'T HANDLE FEDERAL.............

YOU CAN ONLY EXPUNGE A PLEA/CONVICTION............

THUS IT WOULD BE MORE COMPLICATED AND I SUSPECT COSTLY.

IS COST AN ISSUE? IF NOT I WILL TRY TO RESEARCH IT............WHERE WAS FEDERAL COURT?

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