PAMELA K. CHEN, District Judge.
On March 17, 2017, Defendant Alister King ("King") filed a letter requesting that this Court seal or expunge the record of his conviction entered in the above-captioned criminal action on November 19, 2014. (Dkt. 31.) Regrettably, for the reasons set forth below, the Court must deny King's request for lack of subject matter jurisdiction.
According to the criminal complaint in this action, on or about March 24, 2014, King arrived at John F. Kennedy Airport in Queens, New York, aboard Caribbean Airlines from Port of Spain, Trinidad. (Compl., Dkt. 1, ¶ 1.) King was selected for a Customs and Border Protection examination. (Id. ¶ 2.) King was subjected to a pat-down search, which revealed three packages of white powdery substance in King's groin area. (Id. ¶¶ 3-5.) By indictment dated June 20, 2014, the Government charged King with one count of importation of cocaine under 21 U.S.C. § 952(a), 21 U.S.C. § 960(a)(1), and 21 U.S.C. § 960(b)(3), and one count of possession of cocaine with intent to distribute under 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 841(b)(1)(C). (Dkt. 12 ¶¶ 1-2.) King pleaded guilty to the importation count on August 21, 2014, and the possession count was dismissed. (Dkts. 20 & 28.) On November 19, 2014, the Court sentenced King to time served and three years of supervised release based on his guilty plea to importation of cocaine. (Dkt. 29.) The above-captioned criminal action was terminated on November 19, 2014. (See Dkt.) King's term of supervised release is scheduled to expire on November 19, 2017.
On March 17, 2017, King filed a letter asking this Court to seal or expunge the record of his conviction. (Dkt. 31.) King states that, although his conviction was supposed to result in a three-year probationary period, the conviction "seems like . . . a life sentence" because, due to his criminal record, he has been unable to obtain employment to support himself and his family. (Id.) In support of his request, King has submitted documentation of his efforts to obtain relevant vocational training and to gain employment in various capacities. (Id.)
Federal district courts have subject matter jurisdiction only where the Constitution or federal statute provides it. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994); Doe v. United States, 833 F.3d 192, 196 (2d Cir. 2016). That jurisdiction is expanded, to a limited degree, by the doctrine of ancillary jurisdiction, which extends a federal court's jurisdiction to "some matters (otherwise beyond their competence) that are incidental to other matters properly before them." Kokkonen, 511 U.S. at 378; accord Doe, 833 F.3d at 197.
In general, federal district courts do not have subject matter jurisdiction over motions to expunge or seal a valid conviction record, except in limited circumstances authorized by Congress. Doe, 833 F.3d at 197.
As for the Court's ancillary jurisdiction, the Second Circuit recently confirmed in Doe v. United States that a federal district court's ancillary jurisdiction under Kokkonen does not extend to petitions to seal or expunge a criminal conviction on equitable grounds. Doe, 833 F.3d at 198-99 (vacating district court's order expunging record of criminal conviction on equitable grounds, and remanding with instructions to dismiss the proceeding for lack of jurisdiction). The Second Circuit's decision in Doe mandates dismissal of King's request.
Before closing, the Court emphasizes that its dismissal of King's petition is not based in any way on its merits. King's submission to the court (Dkt. 31) demonstrates the admirable progress that King has made in the years since his conviction to minimize the risk of recidivism and put his life on a positive trajectory. The Court notes that many States, including the State of New York, have established employment protections for individuals, such as King, who are qualified to participate in the lawful economy and deserve to be considered for employment irrespective of their criminal histories. See N.Y. Corr. Law, Art. 23-A, §§ 750-755 (prohibiting certain employers from, inter alia, inquiring about a job applicant's criminal history on an initial application). Going even further, New York City recently passed a law prohibiting potential employers from inquiring about or considering a job applicant's criminal record before making a conditional offer of employment. See N.Y.C. Human Rights Law ("NYCHRL") § 8-107(10).
For the reasons stated above, King's motion to expunge or seal his criminal record is dismissed for lack of subject matter jurisdiction.
SO ORDERED.
NYCHRL § 8-107(10)(a). Law enforcement agencies, however, are exempt from this provision. NYCHRL § 8-107(10)(b) ("For purposes of this subdivision, `employment' shall not include membership in any law enforcement agency.").