Filed: Jan. 08, 2018
Latest Update: Jan. 08, 2018
Summary: ORDER DENYING DEFENDANT'S SEPTEMBER 1, 2017 MOTION TO EXPUNGE JOHN CORBETT O'MEARA , District Judge . This matter came before the court on Wanda Solomon Wilson's September 1, 2017 motion to expunge. The government filed a response December 14, 2017. No reply was filed, and no oral argument was heard. Wanda Solomon has written to the court requesting that it expunge her 1971 conviction for a violation of 18 U.S.C. 1952. Although she presents a compelling case, the court does not have jur
Summary: ORDER DENYING DEFENDANT'S SEPTEMBER 1, 2017 MOTION TO EXPUNGE JOHN CORBETT O'MEARA , District Judge . This matter came before the court on Wanda Solomon Wilson's September 1, 2017 motion to expunge. The government filed a response December 14, 2017. No reply was filed, and no oral argument was heard. Wanda Solomon has written to the court requesting that it expunge her 1971 conviction for a violation of 18 U.S.C. 1952. Although she presents a compelling case, the court does not have juri..
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ORDER DENYING DEFENDANT'S SEPTEMBER 1, 2017 MOTION TO EXPUNGE
JOHN CORBETT O'MEARA, District Judge.
This matter came before the court on Wanda Solomon Wilson's September 1, 2017 motion to expunge. The government filed a response December 14, 2017. No reply was filed, and no oral argument was heard.
Wanda Solomon has written to the court requesting that it expunge her 1971 conviction for a violation of 18 U.S.C. § 1952. Although she presents a compelling case, the court does not have jurisdiction to grant her 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, 916 (6th Cir. 2014). A "district court's ancillary jurisdiction is limited to expunging the record of an unlawful arrest or conviction, or to correcting a clerical error." Id.
In this case Wilson is not challenging an unlawful arrest or conviction, asking the court to correct a clerical error, or challenging the underlying criminal proceedings. Her request is based on equitable grounds. Accordingly, the court lacks jurisdiction to grant her motion
ORDER
It is hereby ORDERED that Wanda Solomon Wilson's September 1, 2017 motion to expunge is DENIED.
