Federal Records Expunction or Sealing

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Expunction & Nondisclosure
Federal Records Expunction or Sealing



Wide architectural exterior of the John H. Wood Jr. Federal Courthouse on West Nueva Street in San Antonio, the United States District Court for the Western District of Texas. Limestone facade with cl.
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Overhead still life of a certified FBI Identification Division criminal history record on cream paper, the FBI seal embossed at the top, lying squarely on a charcoal felt desk pad. Beside it, a printe.
Tight overhead still life of a hardbound volume of the United States Code open to Title 18 Section 3607, dark navy cloth binding with gold-stamped spine lettering reading UNITED STATES CODE TITLE 18.
Quiet interior of an empty United States district courtroom prepared for a non-evidentiary hearing, the well of the courtroom empty: a wide walnut bench at the back of the room, the seal of the United.
Overhead still life of a federal court order on cream paper, the judge's signature line filled and the court's circular file stamp impressed in oxblood ink in the upper right corner. Beside the order,.

Federal Records Expunction or Sealing

Records Relief · Limited federal pathways (case-specific)

Starting at $3,000

Hourly beyond scoped fee: $250

Free 30-minute consultation

Schedule Your Free Consultation

Federal expunction is narrow by design. Congress never enacted a general expunction statute the way Texas did, so the federal pathways are limited to specific case postures, and a Texas expunction under Article 55.01 reaches state and local records but does not reach a federal record at all.1 When one of the narrow federal pathways does fit, the relief is meaningful, because the FBI Identification Division entry is the one that shows up on nearly every federal background check. Forrest Good PLLC handles these matters in United States district court, starting with the threshold question of whether any federal pathway is available.

What federal records relief is

Federal records relief is the effort to clear or limit a record held by a federal agency, most often the entry in the FBI Identification Division that appears on a federal background check. It is a different world from Texas records relief. The Texas expunction statute, Article 55.01, is comprehensive and reaches the state and local agencies and the Texas Department of Public Safety, but it has no power over a federal record.1

On the federal side there is no single comprehensive expunction statute. Relief instead comes from a patchwork of narrow statutory pathways and, in limited circumstances, case-specific equitable remedies, each with its own eligibility rules, its own court, and its own service requirements. Because the field is built from exceptions rather than a general rule, the first and most important task is honest: determining whether any federal pathway is even available for the particular record.

The forms federal records relief can take

The available federal pathways are specific and limited, and they do not resemble the broad Texas expunction right.1 These are the postures that most often support relief.

Certain first-time drug offenders

A person who completed pre-judgment probation as a qualifying first-time drug offender may be eligible for expunction under a specific federal statute.2 This pathway is narrow and turns on the exact disposition, and the governing authority should be confirmed before any filing.

Certain youthful dispositions

Some older youthful dispositions may qualify for a set-aside or expunction under the federal youth-corrections framework. Whether this pathway is available depends on the era and the nature of the disposition.

After an acquittal or a vacated conviction

A petition to expunge following an acquittal or a vacated conviction is recognized in some federal circuits as a matter of the court's inherent authority and is read narrowly in others. Whether it is available here depends on the controlling circuit law, which has to be checked before relief is pursued.

A pardon or civil-rights restoration track

A presidential pardon application is a separate civil-rights restoration route rather than an expunction, and it runs through an executive process, not a court. It is sometimes the only realistic option when no judicial pathway fits.

Who federal records relief reaches

Federal records relief reaches a narrow group: the person whose record sits in a federal database and whose case happens to fit one of the specific federal pathways, such as a completed first-offender drug probation, a qualifying youthful disposition, or an acquittal or vacated conviction in a circuit that recognizes equitable expunction. For these people the federal entry is often the one that matters most, because it surfaces on the background checks that federal employment and licensing rely on.

It does not reach the much larger group whose federal conviction simply stands, because there is no general federal expunction right for a valid, unreversed conviction.1 For those records, the realistic question is often whether a pardon or civil-rights restoration is available rather than expunction. Sorting which group a record falls into is the threshold question, and it is answered honestly at the outset rather than after a filing that has no court to grant it.

What federal records relief clears, and what it does not

When a federal pathway fits and relief is granted, the effect can be significant, because it can reach the FBI Identification Division entry that drives federal background checks. The order directs the federal agency holding the record to take the action the pathway allows, whether that is expunction, a set-aside, or a notation.

The limits are larger here than on the Texas side, and naming them plainly is part of the work. There is no general federal expunction remedy, so a valid federal conviction usually cannot be erased. A Texas expunction or nondisclosure order does not reach a federal record, and a federal order does not reach the Texas state and local records, which are cleared under Article 55.01 instead.1 Where no judicial pathway exists, the only avenue may be an executive pardon, which restores civil rights without erasing the record. The honest scope of what is achievable is set during the initial review, before any commitment.

What to know before filing

A federal records matter turns on two documents above all: the federal judgment or pre-sentence report, which shows the disposition and therefore which pathway might fit, and the certified FBI Identification Division record, which shows what the federal databases actually hold. Together they drive the threshold question of whether any pathway is available.

A few steps make the review productive. Gather the federal cause number, the district and division, and the disposition documents. Request the certified FBI Identification Division record so the federal entry can be read directly. Be prepared for an honest answer that no judicial pathway fits, in which case a pardon or civil-rights restoration track is discussed instead. Do not assume a Texas expunction will clear a federal record; Article 55.01 stops at the state and local agencies and the Texas Department of Public Safety.1

This is general information about how federal records relief works. It is not legal advice about any specific record, and reading it does not create an attorney-client relationship.

How a federal records matter moves through the courts

A federal records matter is handled in federal court, or through an executive process where no judicial pathway fits. It follows a set order, with the pathway question answered first.

Identifying the pathway

The first step is reading the federal judgment and the FBI Identification Division record against the available federal pathways and the controlling circuit law to determine which, if any, applies. Because the wrong pathway has no court to grant the petition, this analysis comes before anything is filed.

Confirming venue

Where a judicial pathway fits, the matter is filed in the United States district court of original jurisdiction, which for a San Antonio matter is the United States District Court for the Western District of Texas, San Antonio Division.

Drafting the petition or motion

The petition or motion is drafted to track the applicable federal framework precisely, with the eligibility analysis on the face of the document so the court and the government can follow it.

Notice and the hearing

The United States Attorney's Office and every federal agency holding the record are served, and the government has the chance to oppose. The court sets a hearing where one is required.

The order and follow-through

On a qualifying record the court enters the order, and it is sent to the FBI Identification Division and any other federal agency holding the record so the directed action is carried out. The confirmation is gathered as proof of the record action.

The timing that matters

Federal timing depends entirely on the pathway, and some pathways have no clean deadline at all, only a question of eligibility and forum.

  • After the qualifying disposition is complete, such as a finished first-offender probation, the statute-specific pathway may become available.
  • After an acquittal or a vacated conviction, an equitable expunction petition may be possible, but only where the controlling circuit recognizes it.
  • On the executive track, a pardon or civil-rights restoration application follows its own multi-year process and is not bound by a court deadline.
  • Before a federal background check decides something, because the FBI Identification Division entry can keep reporting until a granted order is carried out across the federal agencies.

How Forrest Good PLLC approaches a federal records matter

Federal records-relief work starts with pathway identification, because the wrong pathway has no court at all to grant the petition. Forrest Good PLLC begins every federal matter with a written pathway memo: the federal judgment or pre-sentence report, the certified FBI Identification Division record, the case-specific statute or equitable doctrine that could apply, and the controlling circuit law on the chosen pathway. The memo says plainly whether a pathway exists, because an honest answer at the outset is worth more than a filing that cannot be granted.

Once a pathway is identified, the petition or motion is drafted to track the applicable framework precisely, with the eligibility analysis on the face of the document, filed in the United States district court of original jurisdiction, and served on the United States Attorney's Office and every federal agency holding the record. Where no judicial pathway fits, the work shifts to the pardon or civil-rights restoration track instead. After any order issues, the FBI Identification Division confirmation is filed in the matter as documentary proof of the record action. Because Article 55.01 cannot reach federal records, any parallel Texas state and local records are cleared on the Texas side separately.1

How time and fees work

The hour estimate

Forrest Good PLLC estimates this matter at 12 to 20 hours of attorney time, billed at $250 per hour. Federal records work is front-loaded into pathway research and drafting, and the field is unsettled, so the analysis runs longer than a Texas state matter; the lower end reflects a clear statutory pathway, and the upper end reflects unsettled circuit law on equitable expunction, multiple federal agencies, or a written opposition from the United States Attorney's Office. The pricing methodology explains how the pathway, the agency count, and the procedural posture drive the estimate.

The flat fee and what it covers

The starting flat fee is $3,000, reflecting the additional pathway research and federal court filing work that distinguishes a federal matter from a Texas state matter. It covers the pathway memo run against the federal judgment or pre-sentence report and the certified FBI Identification Division record, drafting the petition or motion for the applicable pathway, filing in the United States district court of original jurisdiction, serving the United States Attorney's Office and every federal agency holding the record, appearing at the petition hearing where the court sets one, preparing the proposed order for the judge's signature, and following up with each agency after entry to confirm the record action. The fee shown here is honored while this page is published, consistent with Texas Disciplinary Rule of Professional Conduct 7.02(d).3

What is billed separately

  • Federal court filing fees and certified-copy fees
  • FBI Identification Division processing and records-correction fees
  • Federal Records Center retrieval fees, where archived records are involved
  • Certified-mail service costs to the federal agencies
  • A separate engagement for any parallel Texas state and local records relief, and any pardon or civil-rights restoration application, quoted separately

Any work outside the scoped fee is billed at $250 per hour and is disclosed in the written engagement letter before it begins. The engagement letter is the binding contract for the matter.

Starting with a free consultation

The first step is a conversation. The initial 30-minute consultation with Forrest Good PLLC is free and is scheduled through the office's Google Booking page. It is the time to read the federal disposition, identify whether any federal pathway is available, and give an honest assessment before anything is filed. Because Article 55.01 cannot reach a federal record, any parallel Texas records are addressed separately.1 Bringing the federal judgment and a copy of the FBI Identification Division record makes the half hour far more useful.

No attorney-client relationship is formed until a written engagement letter is signed; the consultation itself carries no obligation.

Schedule Your Free Consultation

Sources

  1. 1. Tex. Code Crim. Proc. art. 55.01 (West 2025) (right to expunction of arrest records; available after an acquittal or, on stated conditions, a dismissal).
  2. 2. 18 U.S.C. § 3607 (2018) (special probation and expungement procedures for certain first-time drug possessors).
  3. 3. Tex. Disciplinary Rules Prof'l Conduct R. 7.02(d) (Tex. Sup. Ct.) (advertised fees binding while published).

Pricing current as of May 2026. Forrest Good PLLC honors the starting fees shown on this page while they are published. The initial 30-minute consultation is complimentary. No attorney-client relationship is formed until a written engagement letter signed by Forrest Good PLLC and the client is in place.