Filed: Dec. 01, 2017
Latest Update: Dec. 01, 2017
Summary: ORDER DENYING REQUEST FOR EXPUNGEMENT JOHN CORBETT O'MEARA , District Judge . This matter came before the court on David Coulter's pro se request for expungement of his 1982 criminal conviction of aiding and abetting an armed bank robbery. The government filed a response October 30, 2017. No reply was filed, and no oral argument was heard. After having served a nearly five-year sentence for his crime, Mr. Coulter was released from prison and began working in the construction industry al
Summary: ORDER DENYING REQUEST FOR EXPUNGEMENT JOHN CORBETT O'MEARA , District Judge . This matter came before the court on David Coulter's pro se request for expungement of his 1982 criminal conviction of aiding and abetting an armed bank robbery. The government filed a response October 30, 2017. No reply was filed, and no oral argument was heard. After having served a nearly five-year sentence for his crime, Mr. Coulter was released from prison and began working in the construction industry alm..
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ORDER DENYING REQUEST FOR EXPUNGEMENT
JOHN CORBETT O'MEARA, District Judge.
This matter came before the court on David Coulter's pro se request for expungement of his 1982 criminal conviction of aiding and abetting an armed bank robbery. The government filed a response October 30, 2017. No reply was filed, and no oral argument was heard.
After having served a nearly five-year sentence for his crime, Mr. Coulter was released from prison and began working in the construction industry almost 30 years ago. He now seeks expungement of his criminal conviction in order to further his career to be able to better support his family.
Although Mr. Coulter presents a compelling case, federal law does not permit this court to grant his request. "Federal courts lack ancillary jurisdiction over motions for expungement based on purely equitable considerations, yet retain ancillary jurisdiction over motions challenging an unconstitutional conviction." United States v. Field, 756 F.3d 911 (6th Cir. 2014). In this case, there is no challenge to an unlawful arrest or conviction, no request to correct a clerical error, and no challenge to the underlying criminal proceedings. Therefore, the request is based solely on equitable grounds; and the court lacks jurisdiction to grant it. However, it pleases the court to know that Mr. Coulter turned his life around after having fully paid his debt for the crime he committed so long ago. Furthermore, the court is hopeful that Mr. Coulter's future clients and employers view his turnaround in the same manner
ORDER
It is hereby ORDERED that David Coulter's August 11, 2017 request for expungement is DENIED.