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United States v. Barham

March 20, 2007

UNITED STATES OF AMERICA
v.
BARBARA BARHAM



The opinion of the court was delivered by: Garnett Thomas Eisele United States District Judge

ORDER

Presently before the Court are Defendant Barbara Barham's pro se Motion for Expungement and Sealing of Records and Application to Proceed In Forma Pauperis.

A district court has the power to expunge a criminal record under the Civil Rights Act,*fn1 the habeas corpus statutes,*fn2 the statutory preservation under the All Writs Act of a district court's authority to issue a writ of error coram nobis*fn3 to correct an unlawful conviction, or the Constitution itself.*fn4 United States v. Sumner, 226 F.3d 1005, 1012 (9th Cir. 2000). Congress has also enacted statutes that expressly authorize a district court to order expungement or to correct an inaccurate government record,*fn5 and it has provided federal courts with limited jurisdiction to grant a new trial,*fn6 to correct a sentence,*fn7 or to reduce a sentence to reflect the assistance that a defendant has given the Government.*fn8 Id. However, it is clear that federal district courts lack subject matter jurisdiction to expunge a criminal record based solely on equitable grounds. United States v. Meyer, 439 F.3d 855 (8th Cir. 2006). "[A] district court's ancillary jurisdiction is limited to expunging the record of an unlawful arrest or conviction, or to correcting a clerical error." Sumner, 226 F.3d at 1014.

The Court's records indicate that Defendant was convicted of Attempted Bank Robbery on September 16, 1991. On January 30, 1992, she was placed on probation for 36 months, and a $50 special assessment was imposed. On March 19, 2007, Defendant filed her Motion for Expungment and Sealing of Records, which states, "This is a petition for expungement and sealing of records for Barbara Barham case number LR-CR-91-36." Defendant has not stated any grounds for expungement. Therefore, Defendant's motions are denied.

Accordingly,

IT IS THEREFORE ORDERED THAT Defendant's Motion for Expungement and Sealing of Records (Docket No. 29) be, and it is hereby, DENIED.

IT IS FURTHER ORDERED THAT Defendant's Application to Proceed without Prepayment of Fees (Docket No. 30) ...


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