Federal Expungement of Drug Offenses: Current Law and Proposed Changes
People are often surprised to learn that federal law does not provide the same broad expungement remedies that are available under the laws of many states, including New Jersey.
For most federal convictions—including most federal drug convictions—there is currently no general federal statute allowing a person to have the conviction expunged merely because many years have passed, the sentence has been completed, or the person has led an otherwise law-abiding life.
There is, however, an important exception for certain first-time federal drug possession offenses, particularly when the offender was under 21 years old. In addition, legislation currently pending in Congress could significantly expand the ability to seal certain federal criminal records if it ultimately becomes law.
Federal Courts Generally Cannot Expunge Valid Federal Convictions
In the Third Circuit, which includes New Jersey, the law is well established that federal courts generally do not have jurisdiction to expunge a valid criminal record simply for equitable reasons.
In United States v. Dunegan, 251 F.3d 477 (3d Cir. 2001), the United States Court of Appeals for the Third Circuit held that, in the absence of a statute enacted by Congress or a challenge asserting that the underlying criminal proceedings were invalid or illegal, a federal district court does not have jurisdiction to expunge a criminal record. Remarkably, the defendant in Dunegan had actually been acquitted, yet the court still concluded that it lacked jurisdiction to grant an equitable expungement.
The Third Circuit reaffirmed that rule in United States v. Rowlands, 451 F.3d 173 (3d Cir. 2006). There, the defendant sought expungement because his decades-old federal conviction was preventing him from obtaining reinstatement of his teaching certificate. The court held that neither a federal court's inherent equitable authority nor the All Writs Act provided jurisdiction to expunge an otherwise valid federal conviction.
Therefore, circumstances such as rehabilitation, difficulty obtaining employment, professional licensing problems, or the passage of many years generally do not provide an independent basis for expungement of a valid federal conviction in federal court in New Jersey. A New Jersey state expungement, which is governed by a separate statute, does not erase the record of a federal conviction.
The Important Exception: 18 U.S.C. § 3607
Congress has created a limited statutory remedy for certain first-time federal drug possession offenders.
Under 18 U.S.C. § 3607(a), a person found guilty of simple possession under 21 U.S.C. § 844 may, under certain circumstances, be placed on probation without the court entering a judgment of conviction.
To qualify, the person must not have been convicted of violating a federal or state controlled-substance law before committing the present offense and must not previously have received a disposition under § 3607(a).
The court may place the individual on probation for up to one year. If probation is successfully completed without a violation of its conditions, the proceedings must be dismissed at the end of the probation term without the entry of a judgment of conviction. The court may also dismiss the proceedings earlier if the person has not violated a condition of probation.
This provision is sometimes referred to as the Federal First Offender Act.
Section 3607(a) provides a pre-judgment disposition, requires the defendant’s consent, and does not create a general procedure for expunging an old federal conviction. For defendants who were 21 or older at the time of the offense, the result is a dismissal without a conviction, and under § 3607(b) the disposition is not considered a conviction for purposes of any disqualification or disability imposed by law upon conviction. Those defendants, however, are not eligible for the expungement remedy in § 3607(c), so the arrest and prosecution records are not expunged.
Special Expungement for Offenders Under Age 21
Federal law provides even greater relief when the offender was less than 21 years old at the time of the offense.
Under 18 U.S.C. § 3607(c), if a person received the special disposition available under § 3607(a) and was under 21 when the offense occurred, the court must enter an expungement order upon the person's application.
The statute directs that references to the arrest, prosecution and disposition be removed from official records, subject to a limited nonpublic Department of Justice record retained for purposes specified by the statute. The statute further provides that the individual is restored, in contemplation of law, to the status he or she occupied before the arrest or prosecution.
Significantly, § 3607(c) also provides protection when the person is later asked about the expunged proceeding. An individual who has obtained the statutory expungement generally cannot be found guilty of perjury or making a false statement merely because the individual does not disclose the expunged arrest or proceeding in response to an inquiry.
Being Under 21 Alone Is Not Enough
There is an important limitation.
A person cannot ordinarily obtain an expungement simply because a federal drug conviction occurred when the person was under age 21.
The statutory sequence matters.
The case must involve qualifying simple possession under 21 U.S.C. § 844, the person must satisfy the first-offender requirements, and the case must have received the special disposition provided by § 3607(a). The under-21 expungement remedy in § 3607(c) follows from that qualifying disposition.
Accordingly, federal convictions for offenses such as drug distribution, possession with intent to distribute, or drug conspiracy ordinarily do not qualify for § 3607(c) merely because the defendant was young at the time.
Likewise, an old federal conviction does not necessarily become eligible for expungement simply because decades have passed.
What About an Illegal Arrest or Invalid Conviction?
The Third Circuit has distinguished requests for equitable expungement from cases in which the validity or legality of the underlying criminal proceeding itself is challenged.
In Dunegan, the court specifically stated that it was not deciding whether expungement might be available when the underlying proceeding suffered from a constitutional or statutory infirmity or involved an unlawful arrest or conviction.
Rowlands likewise explained that Third Circuit jurisdiction over expungement applications has traditionally depended upon a challenge to the validity of the underlying proceeding rather than simply the collateral consequences of a valid conviction.
The Third Circuit's earlier decision in United States v. Noonan, 906 F.2d 952 (3d Cir. 1990), recognized a limited inherent equitable power to expunge records in extreme circumstances, such as where the arrest or conviction was constitutionally infirm. Rowlands treated Noonan and Dunegan as consistent with one another.
Those cases therefore present a different legal issue from a request to erase a valid conviction based solely upon rehabilitation or hardship.
Congress Is Considering Broader Federal Record-Sealing Legislation
Although federal expungement law remains restrictive, Congress is currently considering legislation that could significantly change the treatment of some federal criminal records.
The Clean Slate Act of 2025
The Clean Slate Act of 2025 has been introduced in both chambers of Congress.
The House version is H.R. 3114, introduced on April 30, 2025. The Senate version is S. 1580, introduced on May 1, 2025.
Both bills are intended to establish procedures for the sealing of certain federal criminal records, and both have bipartisan sponsors: Representatives McBath (D-GA) and Moran (R-TX) in the House, and Senators Blunt Rochester (D-DE) and Paul (R-KY) in the Senate. As introduced, H.R. 3114 would provide automatic sealing for qualifying federal possession convictions under 21 U.S.C. § 844 and nonviolent federal marijuana convictions one year after every requirement of the sentence is fulfilled, subject to the bill’s eligibility requirements. It would also allow eligible individuals to petition to seal other covered nonviolent offenses. H.R. 3114 was referred to the House Judiciary Committee, while S. 1580 was referred to the Senate Judiciary Committee. As of October 2, 2026, neither bill has become law.
The legislation specifically addresses certain federal offenses, including federal simple-possession offenses under 21 U.S.C. § 844.
If enacted, the legislation could create a considerably broader federal record-sealing mechanism than presently exists.
It is important, however, to distinguish sealing from expungement. Section 3607(c) expressly authorizes expungement for its narrow category of qualifying young drug offenders. The Clean Slate legislation principally proposes a system for sealing covered records.
And because the Clean Slate Act remains pending legislation, individuals cannot presently rely upon its proposed remedies.
The First Step Implementation Act of 2025
Another pending measure is the First Step Implementation Act of 2025, S. 3482.
The bill was introduced in the Senate on December 15, 2025 and referred to the Senate Judiciary Committee. Among a number of criminal-justice and sentencing reforms, the legislation would establish procedures relating to the sealing and expungement of certain records involving juvenile nonviolent offenses.
The legislation would also make changes involving certain federal drug sentencing provisions, but it should not be confused with a general adult federal drug-expungement statute.
As of October 2, 2026, S. 3482 also remains pending legislation and has not become law.
Where Does Federal Expungement Law Stand Today?
For now, the rules remain narrow.
A valid adult federal drug conviction generally cannot be expunged simply because the sentence was completed, the person has been rehabilitated, or the conviction is interfering with employment or professional opportunities.
A significant statutory exception exists under 18 U.S.C. § 3607 for qualifying first-time federal simple-possession offenders. An especially important expungement remedy exists under § 3607(c) for qualifying offenders who were under age 21 when the offense occurred.
Congress is considering legislation that could broaden federal record-sealing opportunities, particularly through the Clean Slate Act of 2025, but those proposals have not yet become law.
Anyone considering federal expungement should therefore begin by determining exactly what statute was involved in the original prosecution, how the case was disposed of, the person's age when the offense occurred, and whether the original proceeding qualifies for a specific statutory remedy.
Federal expungement law is highly technical, and the availability of relief can depend upon details contained in court records from cases that occurred many years ago.
Questions About Federal Expungement or Record Sealing?
If you have a federal drug arrest or conviction and want to know whether any statutory remedy may apply, the attorneys at Wolf Law, P.C. can review your case records and explain your options. We handle expungements, including federal court expungements, and can look at the details that matter, such as the statute involved, how the case was resolved, and your age at the time of the offense.
Call or text (732) 741-4448 or email Info@WolfLawNJ.com to schedule a free consultation. Our office is located at 214 Broad Street in Red Bank, New Jersey.
This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship, and the outcome of any legal matter depends on its specific facts.
Sources
18 U.S.C. § 3607
United States v. Dunegan, 251 F.3d 477 (3d Cir. 2001)
United States v. Rowlands, 451 F.3d 173 (3d Cir. 2006)
United States v. Noonan, 906 F.2d 952 (3d Cir. 1990)
Clean Slate Act of 2025 — H.R. 3114
Clean Slate Act of 2025 — S. 1580
First Step Implementation Act of 2025 — S. 3482
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