Federal expungement: what the law allows

There is no general federal expungement statute. Most federal convictions cannot be expunged. Congress has created only two narrow exceptions: one for a young person’s first simple drug possession offense (18 U.S.C. § 3607(c)), and, since January 2026, one for people whose offense was a direct result of being a victim of human trafficking (18 U.S.C. § 3771A).

What does expungement mean in federal law?

Expungement is a court order that removes references to an arrest, the criminal proceedings and their result from official records. Under both federal statutes that allow it, the order restores the person, in the eyes of the law, to the status they had before the arrest or the start of the case (18 U.S.C. § 3607(c); 18 U.S.C. § 3771A(c)(3), (d)(2)). It is different from a pardon, and different from a court record that is only sealed (see below).

Who qualifies under 18 U.S.C. § 3607(c)?

Section 3607 works in two steps, and both must apply.

1. Pre-judgment probation under § 3607(a). A person found guilty of simple possession of a controlled substance under 21 U.S.C. § 844 who has no earlier federal or state drug conviction, and has never had a § 3607(a) disposition before, may, with their consent, be placed on probation for up to one year without a judgment of conviction. If the person keeps the conditions, the court dismisses the case and discharges them from probation, still without a conviction (§ 3607(a)). Whether to offer this probation is up to the court.
2. Expungement under § 3607(c). If the person was under 21 at the time of the offense, “the court shall enter an expungement order upon the application of such person.” The order removes from all official records all references to the arrest, the proceedings and the result.

Two more rules apply. The Justice Department keeps a nonpublic record, used only to check whether a person has had a § 3607 disposition before (§ 3607(b)). And once an expungement order is entered, the person cannot later be held guilty of perjury or making a false statement for not mentioning the arrest or case when asked about it (§ 3607(c)). Even a person who was 21 or older, and so cannot get the expungement order, is not treated as convicted: a § 3607(a) disposition is not a conviction for any legal disqualification or disability, or for any other purpose (§ 3607(b)).

Simple possession is different from possession with intent to distribute and other trafficking charges, which § 3607 does not cover. For those charges, see federal drug trafficking and conspiracy.

What did the 2026 trafficking survivors law add?

The Trafficking Survivors Relief Act, Pub. L. 119-73, enacted January 23, 2026, added 18 U.S.C. § 3771A. It is narrow: it helps only people whose offense, or the conduct behind an arrest, was a direct result of, or directly related to, their being a victim of human trafficking. A person, or a lawyer for them, may ask the court to:

• Vacate a conviction for a non-violent federal offense (the statute calls it a “level A offense”) committed as a direct result of having been a trafficking victim. If the court grants the motion, it vacates the conviction, enters a judgment of acquittal and orders the records expunged (§ 3771A(b)(1)(A), (c)). The court is not required to change any fine or restitution order (§ 3771A(c)(2)).
• Expunge the records of an arrest for a non-violent federal offense when the conduct was directly related to the person having been a trafficking victim (§ 3771A(b)(1)(B)).
• Expunge the records of an arrest for a violent federal offense (a “level B offense”) only if the case did not end in a conviction: the person was acquitted, the government did not pursue or moved to dismiss the charge, or the charge was reduced to a non-violent offense that likewise did not end in a conviction that still stands. Violent crimes in which a child was a victim are excluded (§ 3771A(a)(6), (b)(1)(C)).

How the process works:

• The court decides by a preponderance of the evidence, meaning more likely than not (§ 3771A(b)(4)). It must consider an affidavit or sworn testimony from an anti-trafficking service provider or clinician, which can be enough on its own if credible and no other evidence is readily available (§ 3771A(b)(5)).
• The government has 30 days to oppose. If it does, the court must hold a hearing (§ 3771A(b)(3)). An order granting or denying the motion can be appealed (§ 3771A(b)(8)).
• The motion and related papers are filed under seal (§ 3771A(h)).
• The person cannot be charged anything to file the motion (§ 3771A(g)).
• The law applies to convictions and arrests from before, on or after January 23, 2026 (§ 3771A(i)).

The same law lets a court reduce the prison sentence of a person who committed an offense as a direct result of being a trafficking victim (§ 3771A(e)), and created a duress defense for trafficking victims charged with these offenses (18 U.S.C. § 28).

Is there a new federal expungement law?

The only new one is the trafficking survivors law described above (Pub. L. 119-73). As of October 19, 2026, Congress has not enacted any general federal expungement or “clean slate” law.

What is not expungement?

• A presidential pardon. A pardon forgives a federal offense, but it does not erase the record. The Justice Department says the pardoned offense is not removed from the criminal record (Office of the Pardon Attorney). For how pardons work, see our guide to federal pardons and commutations and our sister site Clemency.com.
• Sealing. A sealed record still exists but is hidden from public view. No general federal statute provides for sealing a federal conviction either.
• A sealed indictment. This is a charging step, not record relief. A magistrate judge may order an indictment kept secret until the defendant is arrested or released before trial (Fed. R. Crim. P. 6(e)(4)).

Where does Criminal Center fit?

Criminal Center is a boutique federal criminal defense firm. We take on a limited number of cases at a time, so each one gets close, personal attention.

We handle federal cases only. For what a federal defense lawyer does at each stage of a case, see federal criminal defense.

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