Legal Opinion

United States v. Gary

District Court, D. Maryland

Decided June 17, 2002No. CR. S 01-0150PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION

SMALKIN, Chief Judge.

This matter is before the Court on the defendant’s motion for expungement of criminal record, wjiich will be summarily denied.

Although there is no direct authority in this Circuit on the issue, this Court agrees with the Ninth Circuit and other circuits that this Court “possess[es] ancillary jurisdiction to expunge criminal records.” United States v. Sumner, 226 F.3d 1005, 1014 (9th Cir.2000). However, as the Sumner court held, “a district court [does not have] the power to expunge a record of a valid arrest and conviction solely for equitable…

2Cases cited3 opinions

  1. United States v. Thomas Alan SumnerCourt of Appeals for the Ninth Circuit · 2000
  2. United States v. Dennis DuneganCourt of Appeals for the Third Circuit · 2001
  3. United States v. SteelwrightDistrict Court, D. Maryland · 2002

3Cited by4 opinions

  1. United States v. MitchellDistrict Court, E.D. Virginia · 2010
  2. United States v. HarrisDistrict Court, D. Maryland · 2012
  3. United States v. McKnightDistrict Court, D. Maryland · 2014
  4. United States v. AllenDistrict Court, E.D. North Carolina · 2014

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