Filed: Nov. 16, 2017
Latest Update: Nov. 16, 2017
Summary: ORDER DENYING MOTION FOR MANDATORY EXPUNGEMENT OF NONVIOLENT CRIMINAL OFFENSE PAUL D. BORMAN , District Judge . Defendant Murphy, after challending "this Court's Jurisdiction as being a man...respectfully move to expunge the police and court records relating to the charge Illegal Firearms Conspiracy, 18 USC 371, as pronounced more than 18 years ago on April 11, 1994 Judge Stawart (sic) A. Newblatt... Ignorantia juris, quod quisque tenetur scire, neminem excusat." Motion pp. 1-2. This Cou
Summary: ORDER DENYING MOTION FOR MANDATORY EXPUNGEMENT OF NONVIOLENT CRIMINAL OFFENSE PAUL D. BORMAN , District Judge . Defendant Murphy, after challending "this Court's Jurisdiction as being a man...respectfully move to expunge the police and court records relating to the charge Illegal Firearms Conspiracy, 18 USC 371, as pronounced more than 18 years ago on April 11, 1994 Judge Stawart (sic) A. Newblatt... Ignorantia juris, quod quisque tenetur scire, neminem excusat." Motion pp. 1-2. This Cour..
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ORDER DENYING MOTION FOR MANDATORY EXPUNGEMENT OF NONVIOLENT CRIMINAL OFFENSE
PAUL D. BORMAN, District Judge.
Defendant Murphy, after challending "this Court's Jurisdiction as being a man...respectfully move to expunge the police and court records relating to the charge Illegal Firearms Conspiracy, 18 USC 371, as pronounced more than 18 years ago on April 11, 1994 Judge Stawart (sic) A. Newblatt...Ignorantia juris, quod quisque tenetur scire, neminem excusat." Motion pp. 1-2.
This Court does not have jurisdiction to expunge Petitioner's police and court records regarding his conviction under 18 U.S.C. §371 for Illegal Firearms Conspiracy. In United States v. Lucido 612 F.3d 871 (6th Cir, 2010), the Sixth Circuit held that even when a Defendant was acquitted at trial, the district judge did not have jurisdiction to consider the defendant's request for expungement of his arrest records. Accord, United States v. Field. 756 F.3d 911, 914 (6th Cir 2014). In the instant case the Defendant pled guilty.
It is commendable that Petitioner's affidavit indicates that he "has remained free from dependency on or abuse of alcohol or a controlled substance since April 11, 1994," the day of his sentencing. Defendant can seek a pardon from the President of the United States.
Accordingly, Petitioner Murphy's motion is DENIED.
SO ORDERED.
