Legal Opinion
United States v. Mitchell
District Court, E.D. Virginia
Decided January 22, 2010No. 1:03cr243PublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM OPINION
T.S. ELLIS, III, District Judge.
This motion for expungement of a criminal conviction presents the question — unresolved in this circuit — whether a district court has statutory or ancillary jurisdiction to expunge a felony conviction to which a defendant pleads guilty from his criminal record based solely on equitable grounds. For the reasons set forth herein, jurisdiction to order expungement on equitable grounds is lacking and therefore defendant’s motion must be denied.
I
On May 29, 2003, a federal grand jury returned a one-count indictment charging defendant with devising…
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