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First Circuit Review 2008

Federal courts have ordered the expungement of a defendant’s criminal record when the criminal proceeding was unlawful.  When the defendant bases her request for expungement on equitable grounds, however, federal courts differ on whether they have jurisdiction to consider the request.  In United States v. Coloian, the United States Court of Appeals for the First Circuit considered whether a district court had jurisdiction to hear a motion to expunge a criminal record on equitable grounds.  The court held that the district court did not have jurisdiction to consider the motion. . . .