Does an expungeable conviction need to be formally expunged?
MultiRegion, United States of America
The following excerpt is from U.S. v. Varela, 993 F.2d 686 (9th Cir. 1993):
See also United States v. Ruiz, 734 F.Supp. 312, 313-14 (N.D.Ill.1990) (rejecting the appellant's argument that an expungeable conviction should be treated the same as an expunged conviction where the defendant's record was never formally expunged); cf. United States v. Beaulieau, 959 F.2d 375 (2d Cir.1992) (conviction was considered expunged even though because of a clerical error it was not sealed because the defendant had gone through all of the proper expungement procedures).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
Is a Minister's delegate erred by misapplying the so-called "two-part test" in determining that a convicted criminal must be convicted of certain crimes and that the convicted person is or will be a danger to the public? (Canada (Federal), Canada)
What is the effect of a state's expungement of conviction for a criminal conviction under Section 1251(a) of the Criminal Code when it refers to "Prison or Corrections Institute" as "COUNTY JAIL"? (MultiRegion, United States of America)
Does a habeas petitioner who has been convicted of a criminal charge in a federal criminal court have to apply to have his conviction reduced to a state conviction or the length of his sentence? (MultiRegion, United States of America)
Does a habeas petitioner who has been convicted of a criminal charge in a federal criminal court have to apply to have his conviction reduced to a state conviction or the length of his confinement in a state prison? (MultiRegion, United States of America)
Does the Double Jeopardy Clause preclude the Government from retrying a defendant whose conviction was set aside because of an error in the proceedings leading to the conviction? (MultiRegion, United States of America)
Is there sufficient evidence to convict an individual who was convicted of sexual assault in a federal criminal case? (MultiRegion, United States of America)
If a criminal conviction is the subject of the inquiry, can that criminal conviction also have collateral consequences? (MultiRegion, United States of America)
Is there any case law where a defendant has been convicted of a drug-fuelled murder and convicted of the crime because the prosecution relied heavily on circumstantial evidence? (MultiRegion, United States of America)
Can a defendant challenge his conviction for conspiracy to pervert the course of justice by challenging the sufficiency of evidence to support his conviction? (MultiRegion, United States of America)
